No democracy lasts forever How the Constitution threatens the United States

Erwin Chemerinsky

Book - 2024

"No Democracy Lasts Forever argues that the Constitution has become a threat to American democracy and must be dramatically changed or replaced if secession is to be avoided. Deeply troubled by the Constitution's inherent flaws, Erwin Chemerinsky, the renowned dean of Berkeley law school, came to the sobering conclusion that our nearly 250-year-old founding document is responsible for the crisis now facing American democracy. Pointing out that just fifteen of the 11,848 amendments proposed since 1789 have passed, Chemerinsky contends that the very nature of our polarization results from the Constitution's "bad bones," which have created a government that no longer works or has the confidence of the public. Yet polit...ical armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787, much as the Founding Fathers replaced the outdated Articles of Confederation. If this isn't possible, Americans must give serious thought to forms of secession--including a United States structured like the European Union--based on a recognition that what divides us as a country is, in fact, greater than what unites us." --

Saved in:
1 person waiting
1 being processed

2nd Floor New Shelf Show me where

342.7302/Chemerinsky
0 / 1 copies available
Location Call Number   Status
2nd Floor New Shelf 342.7302/Chemerinsky (NEW SHELF) Due Oct 8, 2024
Subjects
Published
New York, N.Y. : Liveright Publishing Corporation, a division of W. W. Norton & Company [2024]
Language
English
Main Author
Erwin Chemerinsky (author)
Edition
First edition
Physical Description
xiv, 223 pages : illustrations ; 24 cm
Bibliography
Includes bibliographical references (pages 187-210) and index.
ISBN
9781324091585
  • Part I. The crisis facing American democracy
  • Part II. How the Constitution became a threat to democracy
  • Part III. Can the United States be saved?
Review by Kirkus Book Review

A legal scholar presents his solution to today's crippling political polarization. Chemerinsky, dean of UC Berkeley School of Law and author of Worse Than Nothing and We the People, points out that the word democracy never appears in the Constitution, and only one of the four institutions, the House of Representatives, "was elected by the people." Like many other observers, the author considers the Electoral College its most egregious flaw. Because smaller states opposed popular election of the president, the members of the Constitutional Convention compromised by giving each state a number of "electors" equal to its senators and representatives. Since every state has two senators, this gives small states an advantage because presidents are elected by a majority of electors, rather than votes. Twice this century, the candidate who lost the popular vote won in the Electoral College, and this will happen more often as demographic changes continue to concentrate Democratic voters in populous Northern states while Republicans dominate more numerous rural Southern and Midwestern states. Three quarters of the states must approve an amendment to choose a president by popular vote; this is unlikely. Everyone agrees that gerrymandering--drawing electoral boundaries that concentrate the opposing party in the fewest districts--is cheating, but it's irresistible to the governing party. Some of the author's suggested reforms, such as eliminating the filibuster or establishing term limits for Supreme Court justices, have modest popular support. Other topics--e.g., the malignant influence of social media or racial justice--are not strictly constitutional issues, but Chemerinsky addresses them nonetheless. His outstanding analysis, however, is not matched by his remedies. He admits that little support exists for replacing the Constitution, and if the political climate continues to degrade, he suggests that secession--hopefully peaceful--between red and blue states is more likely. Depressing yet important insights on the state of the union. Copyright (c) Kirkus Reviews, used with permission.

Copyright (c) Kirkus Reviews, used with permission.