Thursday, November 15, 2012

Do Those 27 Amendments "Prove" We Can Really Reform Constitution?

Whenever I bring up in political forums the anti-democratic and virtual reform-proof nature of the Constitution someone will invariably protest that we already have 27 Amendments... and this somehow "proves" the Constitution CAN be meaningfully reformed. 

With 27 amendments over 223 years that's about one every 8 years. It sounds like there's plenty of flexibility. Maybe they have a point... or not. To which I counter NONE of these amendments reforms dealt with any of the core defects of the Constitution centering on the anti-democratic principle of state suffrage... the bizarre notion that the 600k in Wyoming deserve the same political power as the 40 million in California. 

Our system is not just anti-democratic, the formula for amendments is now so insane that even Scalia, yes the far right hack Justice SCALIA admitted this was the case. He  that it might never truly be reformed. He says so at 1:06:30 into this CSpan video https://www.c-span.org/video/?318884-1/justices-scalia-ginsburg-amendment-freedom Scalia  says states with just 4% of the US population can block any needed reform, but it might just represent 2%, a bare majority in those states. What Scalia didn't mention is states with just 40% can ratify any horrible amendment... and using Scalia's logic, that can mean just 20%.

Here's a breakdown of amendments by category... feel free to break them down in other ways:

INDIVIDUAL & STATES RIGHTS: 1-10 plus 13th, 14th

FINE TUNING THE CONSTITUTION: 11th, 12th, 16th, 20th, 22ed, 25th, 27th

PROHIBITION & REPEAL: 18th, 21st

EXPANDING VOTING RIGHTS: 15th,  19th,  24th,  26th

MAKING THE CONSTITUTION LESS ANTI- DEMOCRATIC: 17th, 23ed

The first ten amendments, aka The Bill Of Rights, were suggested by the states as the price of ratification. That leaves 17 amendments over 223 years or one amendment every 13 years.

If we take away the 7 that I've put into the "FINE TUNING" category that leaves 10 amendments over 223 years or one, on average, every 22.3 years. These amendments cover things like presidential terms etc.

Take away Prohibition and its repeal... that leaves 8 amendments over 223 years giving us one amendment averaging about every 28 years.

That leaves 6 amendments that in some way make the Constitution less anti-democratic... that gives us one amendment every 36 years. These amendments fall into two categories.

The first category is expanding the vote to groups who arguably should NEVER have been denied the right: Slaves (15th), Women (19th), Those who can't afford a poll tax (24th) and 18 year olds (26th).

The second category deals with some aspect of the anti-democratic structure of the Constitution itself. Here we have but TWO amendments... giving us ONE reform amendment, on average, every 111 years. Those reforms were allowing direct popular vote for the Senate... and giving EC votes to those in Washington DC. All of these amendments are mere tweaks.

The sad reality is NONE of those 27 amendments to date have reformed ANY of the core anti-democratic features of the Constitution connected with the anti-democratic concept of state suffrage... the EC, the Senate, the exclusive powers of the Senate to ratify judicial nominees or treaties, the amendment process, etc.

That's ZERO serious reform amendments in 223 years!

 
Which brings us back to my original question... is our system so anti-democratic that it can never truly be reformed? And if so... what are we who value democratic principles to do as demographic trends make the Constitution even more anti-democratic and more reform-proof?


ulTRAX