The Constitution has expired — we should write a new one

Writing in the Jesuit publication America, Vincent Rougeau, president of the College of the Holy Cross, argues that the U.S. Constitution is “past its sell-by date.” 

As Rougeau points out, changing the outdated Constitution to meet the needs of the 21st century is nearly impossible. Only 27 amendments have been appended to the Constitution, the last being approved 34 years ago. 

Given recent controversial rulings by the U.S. Supreme Court, the surest means to overturn them is by constitutional amendment. An amendment could void the court’s decision to eviscerate the 1965 Voting Rights Act and ensure minority representation in Congress. Likewise, overturning Citizens United, which has unleashed a torrent of money into the political system, reversing the Dobbs decision and restoring abortion rights or undoing the court’s ruling in Trump v. U.S. and subjecting presidents to prosecution for illegal acts in office, could all be done via amendments.

Other amendments could include placing age limits on presidents, or establishing congressional term limits, or strengthening the ban on presidents profiting from the presidency. 

No matter how desirable (or undesirable) these changes may be, making them happen under the present constitutional strictures is impossible. As Rougeau writes, the Framers’ system for amending the Constitution is among the most difficult in the world.

Other flaws persist. The Electoral College, Alexander Hamilton’s scheme to elect presidents, has produced two misfires in this century. Al Gore in 2000 and Hillary Clinton in 2016 won the popular vote, yet George W. Bush and Donald Trump were the ones........

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