Erwin Chemerinsky, the dean of the University of California at Berkeley’s law school, called for a new constitution Friday, claiming that failing to make changes would cause the U.S. to “drift toward authoritarianism.”
Chemerinsky appeared on “Morning Joe” to discuss “increasingly problematic” constitutional provisions that he believed were “undermining democracy.” Chemerinsky cited the equal representation of states in the U.S. Senate and lifetime tenure for Supreme Court justices as provisions that could bring about secession during the interview that promoted his new book, “No Democracy Lasts Forever: How the Constitution Threatens the United States.”
“Choices that were made in adapting the Constitution have come to haunt us,” Chemerinsky told “Morning Joe” co-host Willie Geist. “The Electoral College increasingly is choosing the president who lost the popular vote. Two senators per state is undermining democracy. In the last session of Congress, there were 50 Democratic senators and 50 Republican senators, but the 50 Democratic senators represented 42 million people.”
… “Isn’t it absurd that we’re governed in 2024 by a Constitution written in 1787 for a small agrarian, slave-owning society? …. I do think it’s time to begin thinking of a constitution for the 21st century rather than be governed by the one from the 18th century.”
Madison and Hamilton and the other men at the constitutional convention were not some ragtag collection of slave-owning, farmers; the leaders, at least, knew and drew on 2,400 years of history; they were conversant with philosophers from Plato to Hume to Locke to Adam Smith, and also knew, because they’d studied them, the histories of dozens — hundreds — of governments of various forms, and used that knowledge to frame a constitution for the new country they were forming.
One small example is the electoral college, and the bicameral structure of our legislative branch that Dean Wormser so despises: that division was the product of a deliberate compromise between the smaller and the larger, more populous states: proportional representation in the House of Representatives, equal representation of the states in the Senate. Today’s liberals hate it, because it deprives the coastal blue states of total power. Some would see that as a feature, not a bug.
The real point here is that this dean and his fellow conventioneers will have no history of civilization to rely on when planning their new utopia because they’ve rejected and erased it. They want a new start, a building of a new society, one that no doubt will be based on Marxist ideas. And because they’ve rejected any concept of learning from the past, they won’t be troubled by any lessons that could otherwise be drawn from knowing how every one of those Marxist governments turned out.
Annie get your gun. ]
UPDATE: I just ran across this picture — funny.