The current version of the United States has existed since 1789, when the Constitution was ratified — not a bad run for what was rather novel at the time. We were an experiment in democracy that, by all accounts, has been fairly successful.
Along the way, thanks to the amendment process, we’ve fine-tuned the Constitution here and there to make improvements — to make clarifications, to fix mistakes. We granted every American equal status as citizens, we gave women the right to vote, and we strengthened civil rights. But somehow our democracy got broken anyway — and in my opinion there are two flaws that need fixing.
The first centers on campaign financing and lobbying — the influence of narrow interests before and after elections. While no elected official will admit to being influenced by the money and favors he or she receives from corporations and organizations, voting records leave a pretty telling trail. Republicans, by far the chief recipients of campaign contributions from energy companies, routinely vote against environmental measures and for bills that grant tax breaks to oil and coal companies or otherwise favor them. Democrats, on the other hand, typically receive the lion’s share of contributions from labor organizations, and are more apt to favor pro-labor legislation.
If you’re like me, of course, you don’t mind the Democratic tilt — it is, after all, more pro-people than business. But I’d rather see legislation passed on its merits, and not because of who donates what to whom.
The second flaw has to do with checks and balances. The framers of our Constitution were careful to devise a system wherein no branch of government would be more powerful than either of the other two. Yet in recent years, thanks to the ideological match between the executive and legislative branches of government, Congress no longer presents a check on the administration. To make it worse, that ideological match has allowed the Supreme Court to be stacked with equally matching justices, the result being an almost imperial executive.
One partial remedy that would address this is a constitutional amendment that would clarify the approval process for federal court nominations — including, of course, the Supreme Court. As I’ve written in the past, it makes absolutely no sense to require a simple majority to approve judges because jurists serve life-long terms, far outliving any administration and congresses. It is therefore essential that judges be ideologically independent of either party, and the best way I can think of to ensure this is to require a two-thirds’ vote in the Senate to approve a nomination. While it can be argued, I think, that the Constitution already says this, an amendment would clarify it and set it in stone.
Our democracy was created to support and safeguard the interests of the people of the United States, and it is currently under threat. Its remaining flaws have become glaringly obvious in recent years, and only now are people realizing that something must be done. But it’s up to the very people who are supposed to be protected by the Constitution to do what’s necessary to fix what’s broken — and that process begins this November on election day.