Ben Shapiro

"The failure of the nation to update the Constitution and the structure of government it originally bequeathed to us is at the root of our current political dysfunction," writes Dr. Larry Sabato, founder and director of the University of Virginia Center for Politics, in his cogent and fascinating new book, "A More Perfect Constitution: 23 Proposals to Revitalize Our Constitution and Make America a Fairer Country."

Few would dispute that American politics is in disarray. Our national politicians spend like drunken sailors on shore leave while uttering high-flown rhetorical platitudes that would make con men blush. Our local, state and federal government seems riddled with corruption. The judiciary dictates policy while the legislature abdicates.

"Our forefathers designed the best possible system that could be achieved at that moment in time," says Sabato. Nonetheless, Sabato argues, America has reached a different moment in time, and our Constitution has not caught up.

To that end, Sabato proposes 23 amendments to the Constitution, ranging from the structural (expanding the Senate to 136 members by making membership more proportional to state population) to the political (adopt a balanced budget amendment) to the idealistic (obligate all able-bodied young Americans to do at least two years of national service). Many of Sabato's proposed amendments are worth supporting -- an amendment introducing a line-item veto for the president would allow the executive to cut legislative pork, for example.

But Sabato's book raises a larger question: Should our Constitution be amended whenever we encounter systemic difficulties with the administration of our government?

Sabato avers that the Founding Fathers embraced the idea of periodic constitutional amendments; they saw that successful government would require tinkering. Thomas Jefferson suggested that the Constitution be updated every generation.

But the Founders' approval for future amendments was more than mere acceptance of change -- it was a call to accountability. Written amendments, the Founders knew, would be put to the same scrutiny as typical legislation. Instead of reading governmental change into the text of the Constitution, governmental change would be explicit -- and therefore, easier to identify as departure from the original constitutional structure.

Unfortunately, modern politicians have ignored the Founders' call. Instead of explicitly amending the Constitution, presidents, judges and legislators alike have silently rewritten it. They have "discovered" their own ideas about government in the text of the Constitution. And they have not been held accountable.


Ben Shapiro

Ben Shapiro is an attorney, a writer and a Shillman Journalism Fellow at the Freedom Center. He is editor-at-large of Breitbart and author of the best-selling book "Primetime Propaganda: The True Hollywood Story of How the Left Took Over Your TV."
 
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