During a recent appearance on MSNBC’s “Morning Joe,” Erwin Chemerinsky, the dean of the law school at the University of California at Berkeley, made a shocking statement. He called for the scrapping of the U.S. Constitution and the adoption of a new one, claiming that failing to do so could lead to authoritarianism and even secession.
Chemerinsky’s belief in the need for a new constitution stems from what he sees as problematic provisions in the current one. In his new book, “No Democracy Lasts Forever: How the Constitution Threatens the United States,” he argues that the equal representation of states in the Senate and the lifetime tenure of Supreme Court justices are undermining democracy. He also points to the Electoral College, which has resulted in presidents being elected who did not win the popular vote.
But is the solution to these problems really scrapping the entire Constitution? Chemerinsky’s proposal is not only drastic, but it is also based on some flawed assumptions.
Firstly, Chemerinsky argues that the Constitution is outdated because it was written in 1787. He claims that it was designed for a small agrarian, slave-owning society and is no longer relevant to modern America. However, this ignores the fact that the Constitution is a living document that has been amended 27 times to adapt to the changing times and needs of our nation. It has stood the test of time for over 230 years and continues to guide our democracy.
Furthermore, Chemerinsky’s call to get rid of the Senate’s equal representation of states is not only misguided, but it also goes against the very principles of our democracy. The Senate was deliberately designed to give each state an equal voice, regardless of its population size. This ensures that smaller states are not overshadowed by larger ones, and that the interests of all states are represented in the federal government.
Chemerinsky also argues that the lifetime tenure of Supreme Court justices is problematic. However, the Founding Fathers gave justices lifetime appointments to insulate them from political pressure and ensure an independent judiciary. Term limits or a mandatory retirement age could potentially lead to politicizing the court and undermine its neutrality.
It is also concerning that Chemerinsky jumps to the extreme possibility of secession if a new constitution is not adopted. This is alarmist and ignores the reality that our country has a long history of peaceful transitions of power, even in times of deep divisions.
The fact is, our Constitution is not perfect, but it is the backbone of our democracy. It has provided a stable and successful system of government for centuries. While it may need to be amended to address current issues, scrapping it entirely is not the answer. It would only create more problems and potentially lead to chaos.
Law School Dean Tells MSNBC It's Time To Scrap Constitution pic.twitter.com/ZzAVv7oQtt
— Daily Caller (@DailyCaller) August 30, 2024
Chemerinsky’s call for a new constitution is not only unnecessary, but it is also dangerous. The solution to our current political and societal issues is not to reject the principles and foundation of our democracy, but to work within the system to make necessary changes and improvements. To quote President Abraham Lincoln, “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” The Constitution is not the problem, it is those who seek to undermine it for their own gain. We must defend and uphold our Constitution, not scrap it.
It’s not the moron – the dean who gave America the best Constitution in the world, and it’s not his place to destroy it. Let’s destroy this asshole – the dean. Hands off our Constitution!