Slate readers pull the plug on the living Constitution.
Time for a New Constitutional Convention?
This suggestion popped up more than once. Here is Nick Passe: "What is the solution? There should be some sort of a grand deal whereby the major shifts in public policy since the 1930s (redistribution/social insurance, nondiscrimination along with severe limitations on freedom of association, administrative state, the elimination of the freedom of contract) are all incorporated into one huge constitutional amendment or several small ones and that from beyond a certain date 5 or 10 years out, the Constitution will mean what it actually says."
You've probably noticed by now that I haven't cited the political philosophers or law professors who have made it their life's work to answer these same questions. Mostly that's because I didn't want your e-mails to begin (as many did anyway) "Now, I'm no great constitutional scholar but …" At any rate, a good many actual constitutional scholars have written some terrific things on the subject so I want to feature some next week. They have a tough act to follow.
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Dahlia Lithwick writes about the courts and the law for Slate.