Jamal Greene (Columbia University – Law School) and David Pozen (Columbia University – Law School) have posted Back to Philadelphia? The Uneasy Case for a New Constitutional Convention on SSRN. Here is the abstract:
No country has ever had a written constitution in longer continuous operation than the United States. Such resilience is cause for commemoration. But for constitutions, as for people, longevity tends to be a mixed blessing. Age can bring maturity and wisdom. So, too, can it bring disease and decay.
This book chapter, written for a volume marking the 240th anniversary of the document’s drafting in Philadelphia, asks whether the Constitution has reached the point of decay and, if so, what can be done about it. We argue, first, that the case for a special convention aimed at constitutional renewal is surprisingly strong, even as we acknowledge both the immense practical challenges raised by such an undertaking and the real risk that it would result in deadlock or worse. Drawing on the practices of U.S. states and foreign countries that have held constitutional conventions in recent decades, we identify a set of design principles that Americans should bear in mind as they consider whether and how to hold their own. Finally, we sketch a series of steps that might be taken in advance of a convention to enhance its odds of success.
We do not expect to persuade skeptics of the need to embark upon major constitutional reform; indeed, we are not fully convinced ourselves. Yet as we explain, there are good reasons to plan for a potential convention whether or not one welcomes its arrival. And to plan a convention well could easily take a decade or more. If there is any chance for Americans to take control of their constitutional fate on the 250th anniversary of Philadelphia, the time to figure out how to do so is now.
Highly Recommended!
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