The Constitution of the United States is constantly at the center of political discourse and heated debate. Amendments to the Constitution should not be updated or changed. The very difficulty of amending the Constitution greatly increases the importance of Supreme Court decisions interpreting the Constitution, because reversal of the Court's decision by amendment is unlikely except in cases when the public's disagreement is intense and close to unanimous. Greve attended a panel discussion last week, hosted by constitutional law professor Michael McConnell, the title of which asked that very question: ‘Should the Constitution Be Amended?’. On the proposal to shift to a federal form of government to boost local autonomy, the proponents obviously want to imitate the American federal system. Unfortunately, they wouldn’t do much to address rogue courts or lawmakers who simply ignore the Constitution. I spent 11 years standing in the defense of liberty And while 65% of those ages 18 to 29 support having the popular vote Dean Clancy, a former senior official in the White House and Congress, writes on U.S. health reform, budget, and constitutional issues. How often, and how, should they change? Depending on the histories and needs of their "parent societies," different kinds of constitutions come about, generating histories of political, legal, and economic evolution, and being altered by them in turn. The state legislators may propose a constitutional amendment. The Constitution is a living and evolving document. The House may pass the constitutional amendment, but the outlook is much more uncertain in the Senate. Kenya’s constitution, which was amended pursuant to the National Accord, and Colombia’s 1991 Constitution, which was amended pursuant to the Final Peace Agreement with the FARC . The widespread belief is that the American constitutional republic, if not actually broken, is in a state of disrepair. India did not copy the U.S. Constitution; it took what worked for it and no more. Alaska See also: Article XIII of the Alaska Constitution and Laws governing ballot measures in Alaska The Alaska Constitution can be amended in the following two ways: . The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved… Is a written constitution — unlike the unwritten British one — an invitation to the political polarities of instability or stasis? If it ain't broke, don't fix it. Both Indians and Americans revere their "constitutional rights" — especially the "fundamental right" of free speech, and the separation of state and religion. I asked a simple question, I expressed no opinion. People should! Philadelphia, PA 19106. The history of the Indian state and constitution includes a pragmatic American influence, with which the U.S. would now benefit from being reacquainted. Answer Save 6 Answers Relevance Rick Lv 7 1 month ago nope, don't mess with it ..... 0 0 Anonymous . I call it the ‘Do Your Job Amendment.’ The goal is similar to Greve’s—to limit public debt—but with an added (and crucial) ingredient: a guaranteed-to-work enforcement mechanism. Please they should amend that constitution. What amendments to the U.S. Constitution, if any, would you like to see? Lastly, to minimize the expressive impact of "due process of law," that phrase was replaced by "procedure established by law." Japan must render money, sweat, and blood for the preservation of peace in the world. The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved, impervious to the changing needs of a growing and progressing nation and world. But only in ways that force us to follow the Constitution we already have.’. The U.S. can learn something from this little history lesson. One of the inspirations for the Constitution of India, drafted between 1947 and 1950, was the U.S. Constitution. Have Democrats stumbled onto a recipe for winning in the South? Sai baba till 2027! Greve’s first proposed amendment would create a ‘deficit tax.’ Uncle Sam would be required to send each American a bill automatically each year for his or her share of the annual federal deficit. It will give the government the options to remove, change or alter, any Amendments they deem necessary for the protection of national security. There have been over 11,000 attempts to amend the US Constitution since it was ratified in 1788. Maybe it would even be … But all of this presupposes the answer to a more important and in some ways more interesting question, namely: Do we really need to amend the Constitution? Realistically, of course, we’re not going to follow the Constitution. It is not desirable, nor advisable, to have a constitution amended each time a country changes governments as frequent amending can bring One of the ways that the Constitution is changed is through the amendment process.It can be an arduous process, requiring agreement by many different segments of society and the government, and it does not always work out.But it is the only way to make a permanent change to the Constitution. Constitutions should be changed as often as their subjects want to change them, to bring about the results they want for their political community. Welcome to deanclancy.com, a personal blog site with a policy focus. With the approach of May 25, the anniversary of beginning of the Philadelphia Convention in 1787, we should think about how it could be better. Op-ed: Those who oppose originalist interpretation of the U.S. Constitution are not “rewriting history.” The gardener respects his plants by tending to them, not letting them grow unchecked. Under Article Five, the Constitution can be amended in two ways: through a two-thirds majority vote in Congress or by a two-thirds vote of a national convention at the request of at least two-thirds of the states. Changes (amendment) to the US Constitution can bring far-reaching and unanticipated effects, or, (as with the 16th amendment) may not so directly a Continue Reading the amendment process is designed to provide stability during times when the States (or, the general populace among the States) may become fiercely (that is, evenly) divided of politic/opinion. To become Generally, there are valid reasons why a constitution should not be very easily amended. I want a Supreme Court that will be bold from time to time, as in Brown v. Board of Education, and, yes, Roe v. Wade. And maybe that’s not a bad thing? Cheers! That was how Thomas Reed Powell of the Harvard Law School characterized the U.S. Supreme Court's reversal of its rulings in this domain in the face of President Franklin Roosevelt's threat to place additional judges, more sympathetic to his legislative initiatives, on the Supreme Court. Are we witnessing the fall of the United States? Watson’s constitutional amendment proved consequential, working as intended. Why is that? Giving women the vote. Levin proposed a baker’s dozen of amendments including term limits for congressmen and judges; a balanced budget amendment; a redefinition of the commerce clause; greater congressional oversight of the regulatory power; and (my favorite) the repeal of the 17th Amendment, among others.We should welcome renewe… Follow him at deanclancy.com or on twitter @deanclancy. We need to rewrite the constitution if it cannot be amended. We should be thinking about how the Constitution will address ours." News, author interviews, critics' picks and more. That would help control the problem of tax money being raised by one set of politicians (the feds) and handed out by another set (the states), which merely whets the electorate’s appetite for more government than it is willing to pay for in taxes. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India. Feb. 12, 2013 -- The Constitution has held the United States government together for more than 200 years with remarkably few changes – there have been only 27 ratified amendments in … Article V of the U.S. Constitution, which very briefly lays out the (extremely demanding) procedures for amending the Constitution, establishes one constitutional provision that can never be amended. Moreover, if constitutions are tools for governance, then they simply must change over time, through trial and error. Why the Constitution should not be amended. Greve reports: A dismaying number of amendment proposals aimed to Europeanize the U.S. Constitution … Others sought to make the republic yet more ‘democratic’ …, Mercifully, all but one of the 30 or so proposed amendments went down in an impromptu straw poll. So the answer seems to be: ‘Yes, we should amend the Constitution. Like me, this site is wonkish, reform-minded, patriotic, and optimistic. Just In: The Constitution Should Be Amended To Allow Buhari Go For Third Term - Politics (2) - Nairaland Nairaland Forum / Nairaland / General / Politics / Just In: The Constitution Should Be Amended … The amendment would provide legal action against sex discrimination for both men and women. Sorry, your blog cannot share posts by email. In his characteristically gracious closing remarks, Michael McConnell noted the incongruity: for all the present discontent with the state of James Madison’s state there doesn’t seem to be a lot of enthusiasm for any particular amendment. The Constitution’s dysfunction extends far beyond any individual president. Should these amendments be signed into law? It’s hard to settle on a solution when you haven’t agreed on the problem. Indeed, the U.S. Constitution has been amended only 27 times—a testament to just how difficult the process is. Greve’s other proposed amendment would cap federal transfer payments to state and local governments (and their various chartered corporations, government-sponsored enterprises, etc.) The first issue is why do we have to amend our Constitution? The six-year term that congressmen have said they want is an early indication of why using a Con-ass to amend the Constitution puts what’s best for the rest of us at risk. There was disagreement over precisely how difficult or easy it should be to change the Constitution; but almost nobody argued that change should not be possible. Opinion: It is a fact that Constitution is ment for the people and not the other way round, so the national Assembly has every right to amend the Constitution. Greve suggests, and I agree, that it’s because we don’t agree on what ails us. Such antidemocratic inclinations were arrested only by the "switch in time that saved nine." And we’ll have to pick up the pieces as best we can, doing our best not to lurch into a Venezuelan dictatorship. An amended Constitution should clarify, in broad terms, how the United States should unify national defense and homeland security. Subscribe today for less than $2 an issue. Politics, in other words, compelled a historic constitutional transformation. A related critique is that the Charter’s amendments should not include a supremacy clause as in Article 79. The constitution's perceived sacredness implies that it is only to be minimally and periodically amended, overseen by legal priests with exclusive knowledge of what should and should … Both amendments would be a help in terms of limiting public debt and forcing voters to prioritize. Though its framers knew the Constitution would have to be amended, they also knew it should never be amended … The changes made in the constitution will … Moreover, to prevent the broad interpretation of "liberty" that the U.S. Supreme Court had shown in Lochner v. New York, when it had struck down minimum-wage legislation, "liberty" was qualified as "personal liberty" — not corporate. That’s why, ethnic parties need to win victory in ethnic areas.” That’s why, ethnic parties need to win victory in ethnic areas.” Friday, November 06, 2020 Mr. Levinargues that amendments are needed because the nation has entered an age of “post-constitutional soft tyranny” — as defined by the great … Finally, Article 21 of the Constitution of India read: "No person shall be deprived of his life or personal liberty except according to procedure established by law." However, if you are interested, I tend to oppose laws against Flag desecration. The other way to limit a constitutional power is, of course, to amend the Constitution. Maybe we should just follow the Constitution instead of amending it? There is one part of the Constitution - and only one part - that its authors felt was so important that it could never be This gives us a third option. Nothing could be more inconsistent with the conception of the living Constitution than an unamendable amendment or an amendment authorizing unamendable amendments and which by its own terms is unamendable. But not everyone agrees the U.S. Constitution should be so cherished that it’s untouchable. America prides itself with a leader of India's land reforms went through — partially — helping a newly independent democracy, the world's largest, move beyond feudalism. 215.409.6600 The other way to amend the nation’s founding document—a constitutional convention initiated by two-thirds of state legislatures—has never happened. The Constitution should be amended to require at least a three-fifths majority on all Senate votes. By Richard Rahn - August 28, 2013 Email Print Comments What amendments to the U.S. Constitution, if any, would you … Rights amendment that cratered back when heated debate are in place to serve the people also it! 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