The Edmond Sun

Opinion

September 18, 2012

Slate: What's next for the U.S. Constitution?

Monday marked the 225th anniversary of the Constitution of the United States, publicly unveiled in Philadelphia amid considerable fanfare. As Americans think back on the last two and a quarter centuries, we should also think ahead by the same amount. What will and what should the Constitution look like 200 years hence? Or if that seems too mind-bendingly futuristic, what will and should it look like in 2020 or 2121?

The most powerful portents of the future are to be found in America's existing state constitutions, the proverbial laboratories of American democracy. These 50 documents have converged to form a distinctly American model of governance — call it "American exceptionalism," if you like. For example, unlike the regimes in various democratic countries around the world — England, Germany, France, Israel, India, Australia — almost all 50 states follow the same basic formula, featuring ratified written constitutions, bicameral legislatures, chief executives who look remarkably like mini-presidents and robust bills of rights enforceable in ordinary courtrooms.

This is our basic American model, and it's not going anywhere. Proposals to amend the federal Constitution are taken seriously when they fit within this framework — and especially when they have already been adopted and road-tested by the states. A brief history lesson: The federal Bill of Rights, ratified in 1791, tracked various pre-existing state bills of rights; the federal Reconstruction Amendments of the 1860s, ending slavery and protecting free blacks, borrowed from the best constitutional practices of antebellum free states; and the federal Woman Suffrage Amendment prevailed at the continental level in 1920 only after women had won the vote under many state constitutions.

Indeed, the Philadelphia Constitution of 1787 to which we wish happy birthday was itself built upon state constitutional templates. In their decision to put the federal Constitution to a special ratification vote of the people, the framers copied the models of the Massachusetts Constitution of 1780 and the New Hampshire Constitution of 1784. The idea of a federal census borrowed from the Pennsylvania Constitution of 1776 and the New York Constitution of 1777. The elimination of property qualifications for federal public servants likewise borrowed from Pennsylvania, as did provisions for all federal lawmakers to be compensated from the public fisc. The broad outlines of executive power combined the best of the Massachusetts and New York constitutions. Various elements of judicial independence drew upon state antecedents, as did the U.S. Constitution's basic commitment to trial by jury.

Text Only
Opinion
  • Bangladesh’s sweatshops — a boycott is not the answer

    One year ago this week, the eight-story Rana Plaza garment factory collapsed in Bangladesh’s capital city of Dhaka, killing 1,129 people. The building’s top floors had been added illegally, and their weight caused the lower stories to buckle. Many of the victims were young women who had been sewing low-priced clothes for Western brands, earning a minimum wage of about $9 a week. It was the worst disaster in garment industry history.

    April 24, 2014

  • Loosening constraints on campaign donations and spending doesn’t destroy democracy

    Campaign finance reformers are worried about the future. They contend that two Supreme Court rulings — the McCutcheon decision in March and the 2010 Citizens United decision — will magnify inequality in U.S. politics.
    In both cases, the court majority relaxed constraints on how money can be spent on or donated to political campaigns. By allowing more private money to flow to campaigns, the critics maintain, the court has allowed the rich an unfair advantage in shaping political outcomes and made “one dollar, one vote” (in one formulation) the measure of our corrupted democracy.
    This argument misses the mark for at least four reasons.

    April 23, 2014

  • The top 12 government programs ever

    Which federal programs and policies succeed in being cost-effective and targeting those who need them most? These two tests are obvious: After all, why would we spend taxpayers' money on a program that isn't worth what it costs or helps those who do not need help?

    April 23, 2014

  • Free trade on steroids: The threat of the Trans-Pacific Partnership

    Many supporters of the proposed Trans-Pacific Partnership, or TPP, trade agreement are arguing that its fate rests on President Obama’s bilateral talks with Japanese Prime Minister Shinzo Abe in Japan this week. If Japan and the United States can sort out market access issues for agriculture and automobiles, the wisdom goes, this huge deal — in effect, a North American Free Trade Agreement on steroids — can at last be concluded.

    April 22, 2014

  • Can Hillary Clinton rock the cradle and the world?

    What's most interesting to contemplate is the effect becoming a grandmother will have on Hillary's ambition. It's one of life's unfairnesses that a woman's peak career years often coincide with her peak childbearing years.

    April 22, 2014

  • Chicago Tribune: If Walgreen Co. moves its HQ to Europe, blame Washington’s tax failure

    The Walgreen Co. drugstore chain got its start nearly a century ago in downstate Dixon, Ill., before moving its corporate headquarters to Chicago and eventually to north suburban Deerfield, Ill.
    Next stop? Could be Bern, Switzerland.
    A group of shareholders reportedly is pressuring the giant retail chain for a move to the land of cuckoo clocks. The reason: lower taxes. Much lower taxes.
    If Walgreen changes its legal domicile to Switzerland, where it recently acquired a stake in European drugstore chain Alliance Boots, the company could save big bucks on its corporate income-tax bill. The effective U.S. income-tax rate for Walgreen, according to analysts at Swiss Bank UBS: 37 percent. For Alliance Boots: about 20 percent.

    April 21, 2014

  • Sulphur a future major tourist destination?

    Greta Garbo says, “I want to be alone,” in the 1932 film “Grand Hotel.” That MGM film starred Garbo, John and Lionel Barrymore, Wallace Beery and a young actress from Lawton named Joan Crawford. It told the stories of several different people who were staying at an exclusive hotel of that name in Berlin Germany.
    It was critically well received and it inspired more recent films such as “Gosford Park” and television shows such as “Downton Abbey” in that it detailed the relationship between powerful and wealthy people and those who served them. The film opened amidst much fanfare and it received the Oscar for best picture in the year of its release.

    April 21, 2014

  • St. Louis Post-Dispatch: Why poverty across the world matters to Americans

    A child starving in South Sudan should matter to Americans. That was the message delivered last week by Nancy Lindborg, whose job at the U.S. Agency for International Development is to lead a federal bureau spreading democracy and humanitarian assistance across the world.
    That world has reached a critical danger zone, with three high-level crises combining military conflict with humanitarian catastrophes affecting millions of innocents in Syria, the South Sudan and the Central African Republic.
    But back to that child.

    April 18, 2014

  • Government leadership complicit in overfilling prisons

    One of the thorniest problems facing any society is the question of what to do with transgressors. Obviously, the more complicated a culture becomes, the more factors come into play in trying to figure out what to do with those who choose not to “play by the rules.”

    April 18, 2014

  • My best days are ones normal people take for granted

    It is a weekend for working around the house. My fiancee, Erin, and I have the baby’s room to paint and some IKEA furniture to assemble. I roll out of bed early — 10:30 — and get into my wheelchair. Erin is already making coffee in the kitchen.
    “I started the first wall,” she says. “I love that gray.” Erin never bugs me about sleeping late. For a few months after I was injured in the Boston Marathon bombings, I often slept 15 hours a day. The doctors said my body needed to heal. It must still be healing because I hardly ever see 8 a.m. anymore.

    April 18, 2014

Poll

Do you agree with a state budget proposal that takes some funds away from road and bridge projects to ramp up education funding by $29.85 million per year until schools are receiving $600 million more a year than they are now? In years in which 1 percent revenue growth does not occur in the general fund, the transfer would not take place.

Agree
Disagree
Undecided
     View Results