Erwin Chemerinsky, the dean of the University of California at Berkeley’s law school, called for a new constitution Friday, claiming that failing to make changes would cause the U.S. to “drift toward authoritarianism.”
Chemerinsky appeared on “Morning Joe” to discuss “increasingly problematic” constitutional provisions that he believed were “undermining democracy.”
Chemerinsky cited the equal representation of states in the U.S. Senate and lifetime tenure for Supreme Court justices as provisions that could bring about secession during the interview that promoted his new book, “No Democracy Lasts Forever: How the Constitution Threatens the United States.”
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“Choices that were made in adapting the Constitution have come to haunt us,” Chemerinsky told “Morning Joe” co-host Willie Geist. “The Electoral College increasingly is choosing the president who lost the popular vote. Two senators per state is undermining democracy. In the last session of Congress, there were 50 Democratic senators and 50 Republican senators, but the 50 Democratic senators represented 42 million people.”
“Life tenure for Supreme Court justices is increasingly problematic,” Chemerinsky continued. “For much of American history, the tenure for Supreme Court justice was an average of 15 years. Since 1970, it’s been 27 years. All of these are choices made in 1787, but they have become much more salient in recent years.”
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“Isn’t it absurd that we’re governed in 2024 by a Constitution written in 1787 for a small agrarian, slave-owning society? Yes, you’re right, of course, there’s much in the current Constitution to keep,” Chemerinsky told Washington Post columnist Eugene Robinson. “And you’re right that the country is divided now, which would make the new Constitution difficult. But the Constitution was adopted in 1787 when the country was deeply divided. In many states, it was passed by only a few votes. I’m not saying there will be a constitutional convention tomorrow or next year, but I do think it’s time to begin thinking of a constitution for the 21st century rather than be governed by the one from the 18th century.”
Chemerinsky warned that the increased polarization in the country could lead to secession unless a new constitution was adopted.
“What happens if we do nothing? We can continue to muddle along, but I worry about how long a government can survive, who has lost the confidence of people, how long a government can survive with a society so deeply polarized,” Chemerinsky said. “We could drift towards authoritarianism. There are a lot of democracies in the world that are no longer democracies. But there’s also the possibility that we will start hearing serious talk that what divides us is much greater than what unites us as a country. So I think we have to think of — I’m not arguing for secession, I’m not saying it’s likely in the foreseeable future, but it’s certainly a path that could happen if we don’t repair what’s wrong in the American government.”
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First published by the Daily Caller News Foundation.
