That's why you change Article V

by Publicola, Wednesday, June 13, 2018, 08:36 (2116 days ago) @ hobbs

Make it easier to amend, it will be amended more frequently, and people will become more accustomed/less reluctant to amending it. So, yeah, I agree with you. In this current moment, I don't feel good at all about the kind of stuff that would work its way into the Constitution. But then it just would be easier to undo. I mean, it's not like my preferences have fared well in front of the Supreme Court for the last few decades -- they continue to effectively amend the Constitution in ways I don't like. I'll take my chances on a reformed amendment process -- which also has the benefit of being more legitimate than a bunch of judges making up shit about "original intent" or "textualism" to entrench their policy preferences.

Or, if we're going to leave it to the Court to amend the Constitution via interpretation, then we should amend the Constitution so that justices serve finite, staggered terms.

PS -- to be clear, I agree with you on the CC. This isn't some popular thing. It's being driven by rightwing nutjobs, and changing Article V wouldn't be on their agenda, but it's not clear that they would control the agenda once a CC is formed.


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