The Commons: How Originalism Killed the Constitution

"The process is indeed in sound slumber today, but history suggests that it will wake up. Amendments, history shows, come in cycles. The political factors that trigger those cycles always differ. But what precedes each wave of amendments is consistent: worsening polarization that escalates to violence, butting up against conventional wisdom that insists that amendments are not a viable solution. We are sadly at such a point."

"We should hope that the violence that finally stirs the giant will be less destructive than in cycles past. But I think we haven't yet hit the low point in our current spiral. We're getting closer: The civic pressures causing our descent are foundational, which means we must confront the Constitution as we reach the bottom. Our return ascent will include repair, correction, and hopefully some amendments."

"I appreciated Jill Lepore's call for overdue amendments in "How Originalism Killed the Constitution." It is clear from our imperial presidency, gridlocked Congress, and captured courts that America suffers from a deep constitutional rot. Potential amendments could include establishing equal rights for women, abolishing the Electoral College, overturning Citizens United, and banning gerrymandering."

Constitutional amendment mechanisms have been largely dormant, yet historical patterns show amendments arrive in cycles triggered by severe polarization and escalating violence. Prior claims that the Constitution was unamendable proved incorrect during earlier reform waves. Current institutional dysfunction — including an imperial presidency, a gridlocked Congress, and politicized courts — signals deep constitutional stress that may compel structural changes. Proposed remedies include an equal rights amendment, abolishing the Electoral College, overturning Citizens United, banning gerrymandering, and potentially more dramatic revisions. There is hope that future amendments can achieve repair with less destructive conflict than past cycles.

Read at The Atlantic