From Greve’s account, it sounds as if most if not all of the gathered experts agreed that it should. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India. Both amendments would be a help in terms of limiting public debt and forcing voters to prioritize. Americans pride themselves on their pragmatic and innovative nature; that self-image should suggest that the all-American thing to do is to desacralize the U.S. Constitution, remove it from the pulpit, and put it in its place, a toolbox of governance, there to be used and modified to — as the U.S. framers of the Constitution put it — "make a more perfect union.". When it was ratified in 1789, the U.S. Constitution didn’t just institute a government by the people. The body of the constitution can be amended many times but its spirit needs no amendment but understanding. That would help control the problem of tax money being raised by one set of politicians (the feds) and handed out by another set (the states), which merely whets the electorate’s appetite for more government than it is willing to pay for in taxes. Every constitution offers a particular set of solutions to a social, economic, and cultural context. Like me, this site is wonkish, reform-minded, patriotic, and optimistic. Depending on the histories and needs of their "parent societies," different kinds of constitutions come about, generating histories of political, legal, and economic evolution, and being altered by them in turn. Critics argue the country would benefit from a constitutional overhaul, or at least an update, but lament the arduous path to amending it. > What U.S. constitutional amendment would you like to see? Realistically, of course, we’re not going to follow the Constitution. But only in ways that force us to follow the Constitution we already have.’. Have Democrats stumbled onto a recipe for winning in the South? Why We Should Amend The Constitution To Restrict The President’s Power To Pardon Reining in the power of the executive, ever so slightly, might not be the worst idea. Amendments to the Constitution should not be updated or changed. Giving women the vote. Imagine the family conversations when those bills start arriving. Some Members of Parliament do not think so. Jefferson calculated, using actuarial tables, how often this should be: 19 years. Although thousands of amendments have been discussed since the original document was approved in 1788, there are now only 27 amendments in the Constitution. Indeed, the U.S. Constitution has been amended only 27 times—a testament to just how difficult the process is. (Some days I think the answer is to add a simple, straightforward constitutional amendment that reads: ‘AND WE MEAN IT!’). In 223 years under the Constitution, we have amended it only twenty-seven times. Generally, there are valid reasons why a constitution should not be very easily amended. This article was originally published by Aeon, a digital magazine for ideas and culture. The first issue is why do we have to amend our Constitution? Law, when it emerged in the great ancient Mesopotamian civilizations, was a "tool of government." The constitution's perceived sacredness implies that it is only to be minimally and periodically amended, overseen by legal priests with exclusive knowledge of what should and should … The amendment would provide legal action against sex discrimination for both men and women. Independence Mall. What good is a constitution if it can be amended at any point in time, including amendments that un-amend old amendments. But by then, of course, it will be too late. I’d take either or both. On the proposal to shift to a federal form of government to boost local autonomy, the proponents obviously want to imitate the American federal system. Should these amendments be signed into law? The Constitution of the United States is constantly at the center of political discourse and heated debate. A poll shows that a majority of Americans think the First Amendment is outdated and should be revised. The House may pass the constitutional amendment, but the outlook is much more uncertain in the Senate. USA TODAY | December 03 2004 LOS ANGELES — Abolishing slavery. Alaska See also: Article XIII of the Alaska Constitution and Laws governing ballot measures in Alaska The Alaska Constitution can be amended in the following two ways: . Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. In 1947, Justice Felix Frankfurter wrote to a member of India's drafting committee, Sir Benegal Narsing Rau, advising him to delete references to "the due process of law" from the working draft of the Constitution of India. One of the ways that the Constitution is changed is through the amendment process.It can be an arduous process, requiring agreement by many different segments of society and the government, and it does not always work out.But it is the only way to make a permanent change to the Constitution. The widespread belief is that the American constitutional republic, if not actually broken, is in a state of disrepair. We’re going to keep flailing around. Bush’s proposals echoed conservative radio personality Mark Levin, who published “The Liberty Amendments“ in 2013. The legislature's social welfare programs were responses to the needs of an economically desperate polity; the court answered by reasserting the needs of the "business class" and the "haves." Greve’s first proposed amendment would create a ‘deficit tax.’ Uncle Sam would be required to send each American a bill automatically each year for his or her share of the annual federal deficit. Six Amendments NPR coverage of Six Amendments: How and Why We Should Change the Constitution by John Paul Stevens. The Constitution is a living and evolving document. The U.S. Constitution: Time to update, to ensure a functioning government It's been 80 years since our last major readjustment of government, … Of course, it should … Reason: Amendments at Will. America prides itself with a leader of Just In: The Constitution Should Be Amended To Allow Buhari Go For Third Term - Politics (2) - Nairaland Nairaland Forum / Nairaland / General / Politics / Just In: The Constitution Should Be Amended … To become A related critique is that the Charter’s amendments should not include a supremacy clause as in Article 79. The level of infrastructural development embarked so far by Mr President is unprecedented. Opinion: It is a fact that Constitution is ment for the people and not the other way round, so the national Assembly has every right to amend the Constitution. The Second Amendment has come under increasing scrutiny in the wake of recent mass shootings at schools and various public venues, and some aim to amend the amendment to exclude assault-type weapons or even to repeal the amendment entirely. The first issue is why do we have to amend our Constitution? If it passes there, it still needs to be ratified by three-fourths of the states. Why the Constitution should not be amended. It’s hard to settle on a solution when you haven’t agreed on the problem. For answers, one might look at the US Constitution as a perfect example. Maybe we should just follow the Constitution instead of amending it? A bunch of ideas were thrown out. Japan must render money, sweat, and blood for the preservation of peace in the world. It will give the government the options to remove, change or alter, any Amendments they deem necessary for the protection of national security. Welcome to deanclancy.com, a personal blog site with a policy focus. But then again, Greve does make a pretty persuasive case for keeping amendments short and sweet. Should the Constitution be amended to allow Presidents to claim themselves the victors of an election despite the vote? Are we witnessing the fall of the United States? Why is that? In India, Article 356, which allows for the suspension of state legislative assemblies to permit "direct rule by the center," has provoked considerable critique, while in the U.S., the Second Amendment is a source of perpetual political and legal discord. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the federal executive government, legislature and judiciary. Just no easy ones. The Constitution, as we all know, is an amendable document - every part of it can be amended - except one. What amendments to the U.S. Constitution, if any, would you like to see? There was disagreement over precisely how difficult or easy it should be to change the Constitution; but almost nobody argued that change should not be possible. Establishing the income tax. Please they should amend that constitution. How flexible should constitutions be? Amending the Constitution is a rare and daunting task. It provided a way for the people to alter the constitution itself. Then our minds will be concentrated. 525 Arch Street. 1. 215.409.6600 The first version of the due process clause in the Constitution of India had read: "Nor shall any State deprive any person of life, liberty, and property without due process of law." Justice Frankfurter's logic was simple. Kenya’s constitution, which was amended pursuant to the National Accord, and Colombia’s 1991 Constitution, which was amended pursuant to the Final Peace Agreement with the FARC . So why was the referendum chosen as the means of amending our federal constitution, and was it really intended to be so hard to succeed? I want a Supreme Court that will be bold from time to time, as in Brown v. Board of Education, and, yes, Roe v. Wade. Greve jokes, ‘The Constitution isn’t perfect, but it’s a lot better than what we have now.’. That was how Thomas Reed Powell of the Harvard Law School characterized the U.S. Supreme Court's reversal of its rulings in this domain in the face of President Franklin Roosevelt's threat to place additional judges, more sympathetic to his legislative initiatives, on the Supreme Court. But not everyone agrees the U.S. Constitution should be so cherished that it’s untouchable. But how? Constitution seem clear: it needs to be amended so that the constitutionality of the SDF is af³rmed without reservations. Dean Clancy, a former senior official in the White House and Congress, writes on U.S. health reform, budget, and constitutional issues. The Constitution of Australia (or Australian Constitution) is a written constitution that is the supreme law of Australia. These reforms sought to reduce the entrenched power of India's landlords and bring relief to their serfs in India's provinces; they would, at a minimum, involve some "seizures" or "takings" of landed property. The jugular issue is: should we or should we not? An amended Constitution should clarify, in broad terms, how the United States should unify national defense and homeland security. Most posts are about current U.S. policy debates — health care, budget, tax reform — but I’ve also devoted a whole section to the important topic of American renewal. I call it the ‘Do Your Job Amendment.’ The goal is similar to Greve’s—to limit public debt—but with an added (and crucial) ingredient: a guaranteed-to-work enforcement mechanism. Should the UK constitution remain un-codified? We’ll keep trying to live with the ‘living’ Constitution, and keep stumbling from crisis to crisis, and piling up constitutional violations, until a true emergency looms. Answer Save 6 Answers Relevance Rick Lv 7 1 month ago nope, don't mess with it ..... 0 0 Anonymous . To date, Congress has submitted 33 amendments, 27 of which were ratified by the states. The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved… The drafters of the Indian constitution paid heed to Frankfurter's advice. But seriously, since we’re brainstorming about silver-bullet fixes, here’s my own suggestion. The Founding Fathers believed it should not be easy to amend the U.S. Constitution. Such judicial intervention, likely in the name of "due process," would threaten India's post-independence progress toward the eventual realization of a republic that ensured the wellbeing of all its citizens. The Constitution should be amended to require at least a three-fifths majority on all Senate votes. About six-in-ten women (63%) say the Constitution should be amended so the candidate with the most votes wins the presidency, compared with 52% of men. Unfortunately, they wouldn’t do much to address rogue courts or … Sai baba till 2027! Finally, Article 21 of the Constitution of India read: "No person shall be deprived of his life or personal liberty except according to procedure established by law." And we’ll have to pick up the pieces as best we can, doing our best not to lurch into a Venezuelan dictatorship. Third, an … In 1947, as India looked ahead to its nascent republic status, its new Constituent Assembly planned extensive land reforms. One of the inspirations for the Constitution of India, drafted between 1947 and 1950, was the U.S. Constitution. Case in point: the 18th amendment, which prohibited alcohol, only to have the amendment itself prohibited by the 21st amendment. Mr. Duterte’s appointment of a consultative committee led by the highly esteemed former chief justice Reynato Puno with diverse, and it seems independent, members is a reasonable compromise, and should be hugely … Chairman, Senate Committee on Drugs, Narcotics, Anti-Corruption and Financial Crimes, Senator Sola Akinyede, yesterday gave reasons why the 1999 Constitution must be amended. Even though the Serbian constitution can be amended, this has never happened even once ever since the document was adopted and implemented in 2006 when Montenegro declared its independence from Serbia after an independence referendum was won. This kind of recipe for political instability is precisely the worry cited by those who resist attempts to make it easier to amend the U.S. Constitution. Amending the Constitution to make it easier to amend might never de-politicize the courts, but it would shift more of the political battle away from them, which is a good thing. —Dean. Unfortunately, they wouldn’t do much to address rogue courts or lawmakers who simply ignore the Constitution. Article V of the U.S. Constitution, which very briefly lays out the (extremely demanding) procedures for amending the Constitution, establishes one constitutional provision that can never be amended. If it ain't broke, don't fix it. News, author interviews, critics' picks and more. We should be thinking about how the Constitution will address ours." I spent 11 years standing in the defense of liberty Sorry, your blog cannot share posts by email. There have been over 11,000 attempts to amend the US Constitution since it was ratified in 1788. THE LIBERAL Watson’s constitutional amendment proved consequential, working as intended. Greve’s other proposed amendment would cap federal transfer payments to state and local governments (and their various chartered corporations, government-sponsored enterprises, etc.) Greve attended a panel discussion last week, hosted by constitutional law professor Michael McConnell, the title of which asked that very question: ‘Should the Constitution Be Amended?’. The other way to amend the nation’s founding document—a constitutional convention initiated by two-thirds of state legislatures—has never happened. By Richard Rahn - August 28, 2013 Email Print Comments What amendments to the U.S. Constitution, if any, would you … Soon, the word "property" was deleted. Op-ed: Those who oppose originalist interpretation of the U.S. Constitution are not “rewriting history.” The gardener respects his plants by tending to them, not letting them grow unchecked. Honestly I've begin to realize the importance of Buhari, see how all sectors are getting better, despite the financial crisis inflicted by the covid pandemic. The Week magazine tells you all you need to know about everything that matters. Once we allow any of the Amendments to be tampered with in any way, we lose our Constitutional rights. So we’ll hit a wall. The problem with your premise is that your proposed amendment would eventually be used in ways that would disgust you. But all of this presupposes the answer to a more important and in some ways more interesting question, namely: Do we really need to amend the Constitution? The lone proposal to garner a two-thirds majority was the actual Equal Rights Amendment that cratered back when. It is not desirable, nor advisable, to have a constitution amended each time a country changes governments as frequent amending can bring In his characteristically gracious closing remarks, Michael McConnell noted the incongruity: for all the present discontent with the state of James Madison’s state there doesn’t seem to be a lot of enthusiasm for any particular amendment. There are simple answers. Politics Why It Is Highly Unlikely That the Constitution Can Be Amended Before 2022 11 min read. Note: The Supreme Court has effectively ratified the ERA already, through judicial precedents. The state legislators may propose a constitutional amendment. There is no simple answer to these questions. India did not copy the U.S. Constitution; it took what worked for it and no more. The six-year term that congressmen have said they want is an early indication of why using a Con-ass to amend the Constitution puts what’s best for the rest of us at risk. Mitchell, you really should learn to not assume. But Filipino politicians are different from American politicians. Changes (amendment) to the US Constitution can bring far-reaching and unanticipated effects, or, (as with the 16th amendment) may not so directly a Continue Reading the amendment process is designed to provide stability during times when the States (or, the general populace among the States) may become fiercely (that is, evenly) divided of politic/opinion. There is one part of the Constitution - and only one part - that its authors felt was so important that it could never be Such a demystified, pragmatic view of law suggests legal constitutions are technologies for governing, designed and implemented to bring about socially negotiated outcomes. The U.S. and Indian constitutions diverge in their "stability" or "flexibility." Greve reports: A dismaying number of amendment proposals aimed to Europeanize the U.S. Constitution … Others sought to make the republic yet more ‘democratic’ …, Mercifully, all but one of the 30 or so proposed amendments went down in an impromptu straw poll. …. Constitutions should be changed as often as their subjects want to change them, to bring about the results they want for their political community. Politics, in other words, compelled a historic constitutional transformation. Thomas Jefferson suggested that every generation of Americans should draft its own version to meet the particularities of its time. Philadelphia, PA 19106. Follow them on Twitter at @aeonmag. But history offers some guidance. The Constitution’s dysfunction extends far beyond any individual president. The Indian and U.S. supreme courts both enjoy the power of judicial review, to declare acts of other branches of government illegitimate, and so a measure of "supremacy" over their respective legislative branches. In fact, ours derives from a number of sources, some written, and others universally accepted such as the ever growing amount of practical case laws. The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved, impervious to the changing needs of a growing and progressing nation and world. In his new book, Six Amendments: How and Why We Should Change the Constitution, John Paul Stevens argues for amending the Constitution to promote democracy and rights. People should! For this reason, both constitutions are "undemocratic" in their arrogation of too much political power to the judicial bench — a group of unelected public servants. The very difficulty of amending the Constitution greatly increases the importance of Supreme Court decisions interpreting the Constitution, because reversal of the Court's decision by amendment is unlikely except in cases when the public's disagreement is intense and close to unanimous. The second clause, would allow States to challenge any Supreme Court decision. If it ain't broke, don't fix it. The Constitution of India suffers from the converse flaw; in less than 75 years, it has been amended, at last count, 103 times. Cheers! Is a written constitution — unlike the unwritten British one — an invitation to the political polarities of instability or stasis? Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pocket (Opens in new window), Click to email this to a friend (Opens in new window), Military Groups Oppose GOP Malpractice Reform, Michael Greve proposes two constitutional amendments, a guaranteed-to-work enforcement mechanism. The history of the Indian state and constitution includes a pragmatic American influence, with which the U.S. would now benefit from being reacquainted. Lastly, to minimize the expressive impact of "due process of law," that phrase was replaced by "procedure established by law." However, if you are interested, I tend to oppose laws against Flag desecration. McConnell stares down the barrel of Trump's gun, With 1 candidate in self-isolation, the Georgia GOP watch party is a low-key affair, The influential Confucian philosopher you've never heard of, How Cold War rivalry helped launch the Chinese computer. Both amendments would be a help in terms of limiting public debt and forcing voters to prioritize. We need to rewrite the constitution if it cannot be amended. An amended Constitution should clarify, in broad terms, how the United States should unify national defense and homeland security. Subscribe today for less than $2 an issue. The 14th Amendment provides that, “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” Black lives matter because our Constitution … So the answer seems to be: ‘Yes, we should amend the Constitution. I think it is important because that way if a law or rule does not work out the way it should have, or problems come up, you can change it to better fit the needs of the people. The changes made in the constitution will … I like both. Post was not sent - check your email addresses! Such antidemocratic inclinations were arrested only by the "switch in time that saved nine." Under Article Five, the Constitution can be amended in two ways: through a two-thirds majority vote in Congress or by a two-thirds vote of a national convention at the request of at least two-thirds of the states. Both Indians and Americans revere their "constitutional rights" — especially the "fundamental right" of free speech, and the separation of state and religion. That’s why, ethnic parties need to win victory in ethnic areas.” That’s why, ethnic parties need to win victory in ethnic areas.” Friday, November 06, 2020 Greve suggests, and I agree, that it’s because we don’t agree on what ails us. So why change the Constitution? And maybe that’s not a bad thing? (Can be accomplished by federal law - 2 U.S. Code 2a - Reapportionment of Representatives; time and manner; existing decennial census figures as … The principle of liberty and equality, Amar said, should extend to non-natural born citizens' ability to run for president. After congressional pay rose 44 percent in the three years prior to the amendment’s ratification, it has since gone down 23 percent in the 25 years after, adjusted for inflation. India's land reforms went through — partially — helping a newly independent democracy, the world's largest, move beyond feudalism. The “Anti-Commandeering Rule” (Amend the Supremacy Clause of Article VI) This Constitution, and the laws of the United States which shall be … The Constitution of Serbia states its terms for being amended between Articles 203 to 205 under "Part 9: Amending The Constitution" within the document. In the so-called "Lochner era" (1897-1937), the U.S. Supreme Court, by utilizing its power of judicial review, had often struck down social welfare legislation enacted by a busy U.S. legislature. The U.S. can learn something from this little history lesson. Feb. 12, 2013 -- The Constitution has held the United States government together for more than 200 years with remarkably few changes – there have been only 27 ratified amendments in … How often, and how, should they change? It takes a great deal of time to adopt an amendment. Currently, once the Supreme Court makes a decision, the only recourse is for Congress to (re)write and pass a law or amend the Constitution. Should the Constitution Be Amended? Should the Constitution be amended for Arnold? And while 65% of those ages 18 to 29 support having the popular vote But they’d be a start. In a previous column, I said I have no objection allowing President Aquino another term by amending the Constitution if that will prevent Vice President Jejomar Binay from becoming president. Over at Law and Liberty, federalism expert Michael Greve proposes two constitutional amendments aimed at reining in out-of-control government in a firm but not-too-rigid way. My one nit: neither includes an enforcement mechanism, which would seem to be a pretty big oversight in this age of rogue government. The amendment’s effects. A written constitution provides clarity and definiteness By A.C. Grayling A state has a constitution, whether it is written or unwritten. The other way to limit a constitutional power is, of course, to amend the Constitution. Moreover, if constitutions are tools for governance, then they simply must change over time, through trial and error. Follow him at deanclancy.com or on twitter @deanclancy. If “The Liberty Amendments” can help foster a national debate about which corrective actions, including constitutional amendments, are needed to increase liberty and prosperity… Maybe it would even be … Both countries support critical traditions that focus on particular clauses of the constitution. Government, institutions and law are in place to serve the people not the land. Levin proposed a baker’s dozen of amendments including term limits for congressmen and judges; a balanced budget amendment; a redefinition of the commerce clause; greater congressional oversight of the regulatory power; and (my favorite) the repeal of the 17th Amendment, among others.We should welcome renewe… at 3 percent of total federal outlays. With the approach of May 25, the anniversary of beginning of the Philadelphia Convention in 1787, we should think about how it could be better. An Indian landlord equipped with a copy of the American due process clause might expect to find the new Indian Supreme Court willing to stand by him and, as the U.S. Supreme Court first tried to do with the New Deal, thwart the democratic reforms of the legislature. This is also a good reason for Republicans to support Cohen’s pardon amendment. I asked a simple question, I expressed no opinion. Nothing could be more inconsistent with the conception of the living Constitution than an unamendable amendment or an amendment authorizing unamendable amendments and which by its own terms is unamendable. {edit/add} The Challenge may be either to vacate or modify the original decision. Though its framers knew the Constitution would have to be amended, they also knew it should never be amended … In other words, avoid fundamental changes. The UK has an un-codified constitution, or in other words, it is not found in one single written document, like in the USA. Why should geographical boundaries have a "weight" on something as important as an election? The histories of the U.S. and Indian constitutions show two related political and legal systems evolving over time, their variations underwritten by their country's historical experiences. Moreover, to prevent the broad interpretation of "liberty" that the U.S. Supreme Court had shown in Lochner v. New York, when it had struck down minimum-wage legislation, "liberty" was qualified as "personal liberty" — not corporate. The truth is that Buhari is doing very well in all sectors of the economy, don't mind some IPOBs trying to paint him bad. UmuEri:. The United States and India, two of the world's largest and oldest democracies, are both governed on the basis of written constitutions. This gives us a third option. 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As if most if not all of the Indian state and Constitution a! Through judicial precedents Constitution as a perfect example that cratered back when version to meet the particularities of its.. Look at the center of political discourse and heated debate back when Lv 7 1 month ago,. Already, through trial and error as we all know, is amendable! Seems to be amended - except one, reform-minded, patriotic, and I,., one might look at the center of political discourse and heated debate on the problem t perfect, the...
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