Levinson on the Broken Constitution

Sandy Levinson has an op/ed entitled Our Broken Constitution in the Los Angeles times. Here’s a taste:

To believe that our Constitution is perfect — or even truly adequate to the world we live in — is equivalent to believing that it is safe to continue driving a car with bad brakes and dangerously worn tires. Even if we have been able to make trips safely in the past, we are criminally negligent in believing that we can continue to do so.

Alas, the U.S. Constitution is not like New York’s, which contains a provision asking New Yorkers every 20 years whether they want to hold a convention to rethink and revise the document. (Instead it is extraordinarily difficult to amend the U.S. Constitution. A mere 13 legislative houses in separate states can block an amendment supported by the overwhelming majority of Americans.)

This does not free us, though, from the duty to reflect on the adequacy of the Constitution and to take measures to lessen the unacceptable risks that it poses to "government of the people, by the people, and for the people."