Our undemocratic constitution : where the constitution goes wrong (and how we the people can correct it)

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Bibliographic Information

Our undemocratic constitution : where the constitution goes wrong (and how we the people can correct it)

Sanford Levinson

Oxford University Press, 2008, c2006

  • : pbk

Available at  / 8 libraries

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Note

Originally published 2006

Includes bibliographical references (p. 217-238) and index

Description and Table of Contents

Description

Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." -Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." -Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." -Washington Lawyer

Table of Contents

  • Prelude: The Wisdom of Thomas Jefferson
  • Introduction: A Tale of Two Signings
  • 1. The Ratification Referendum: Sending the Constitution to a New Convention for Repair
  • 2. Our Undemocratic Legislative Process
  • 3. The Legacy of Article II: Too-Powerful Presidents, Chosen in an Indefensible Process, Who Cannot Be Displaced Even When They Are Manifestly Incompetent
  • 4. Life Tenure for Supreme Court Justices: An Idea Whose Time Has Passed
  • 5. The Constitution as Creator of Second-Class Citizens
  • 6. The Impermeable Article V
  • 7. Disenchantment and Desire: What Is to Be Done?
  • Coda: The Wisdom of Woodrow Wilson
  • Appendix: The Constitution of the United States
  • Notes
  • Acknowledgments
  • Index

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