The American system of government was spelled out 220 years ago in the Constitution and the Bill of Rights. The honored document has guided the nation through good times and bad, times of peace and war. But writ by men, it is not perfect, and it contained substantial flaws when adopted—the discrimination between “free persons” and “all other persons,” the indirect election of the president and senators, and the omission of universal suffrage, as examples.
The events of the past year perhaps suggest that time may have caught up with the Constitution, which like other human documents, cannot not be expected to excel forever.
Our government seems nearly paralyzed. The work of the Senate, in particular, has ground to a halt. The election of one senator in Massachusetts seems to have scuttled the entire Obama agenda. Yet the Democrats still have significant majorities in both houses of Congress. And the bruited rationalization that they’ve lost their supermajority is questionable, since they almost never had one in practice.
The nation faces immense problems: reducing unemployment, fixing health care, reversing the increase in carbon emissions and climate temperature, enacting financial regulations and regulating immigration, to cite a few. But chances are none of these issues will get addressed this year. And it looks as though the consuming, excruciating, yearlong health care struggle just wasted time and enervated political will.
When the structure of the Senate was originally specified, with two Senators from each state, the United States was a newly created federation and the main challenge was establishing a lasting, successful union. In 2010, the main challenge is maintaining the strength and vigor of the American nation, as one among the nations of the world. To do that, we must be able to act as one nation, not a federation of 50 governments.
But the Senate requirement for supermajorities and the individual rights of each senator encourage regionalism and fragmentation of government rather than strengthen unity.
Our system contrasts with the parliamentary system, exemplified by the British House of Commons, which Americans can watch regularly on C-Span. In that unicameral legislature, party unity is paramount, and the prime minister, as chief executive and legislator, must enact a program or the government quickly falls and new elections ensue. That system reinforces unity of purpose and action.
America vitally needs more of that unity, as the polls of the populace and the present paralysis suggest.
The suitability of some of the first Constitutional amendments, adopted concurrently with the main document, also seems questionable in the modern era. The recent Supreme Court decision adds even more power to the political speech of the most powerful speakers, and it makes one wonder about the near-absolute guarantee of free speech of the First Amendment.
Open public discourse remains central in the lives of Americans and vital to the unalienable rights guaranteed in the Declaration of Independence. Yet in the current era of science and technology, the nature of the discourse is often so specialized and complex that many citizens do not have the knowledge to understand it or come to sensible conclusions. Consider the convoluted debates over health care, climate, energy, fiscal and economic policy, etc.
At the same time, unconstrained free speech, protected by the Constitution in this era of pervasive mass communication, paradoxically raises the volume of the moneyed speakers and the outrageous screamers. Examples include direct-to-consumer drug ads, other infomercials of huge corporations, ads by political organizations, as well as diatribes by partisan commentators on radio, television and the internet.
The Second Amendment seems another example of the anachronism of the founding document. In a time when America was mostly wilderness and the military power of the national government minimal, the arms of individual citizens were indeed “necessary to the security of a free State.” It is highly questionable whether that assertion of the amendment remains true today.
Of all the Constitutional stipulations, the most out-of-date may be the requirement for ratification of amendments by three of four states. The provision preserves the particulate nature of the American polity, to the disadvantage of its unity and coherence. It makes modifications contingent upon ratification by 37 separate governments, an almost impossible task. Notably, the actual Constitutional article did not specify ratification by three-quarters of the states but by nine. The Seventh Article was evidently a concept of its moment in history.
A revered guiding document, which has served us extremely well, the Constitution should not be abandoned. Yet a parliamentary system in some ways better integrates the two opposing requirements of a successful modern democracy: efficient government and responsiveness to the electorate. Perhaps it’s time to reconsider the Constitution, to ponder possible modifications to incorporate some strengths of that other major system of government by the people.