Wednesday, December 6, 2006

"A 'bill of particulars' against the Constitution."

Lawprof Sanford Levinson cites seven problems with the U.S. Constitution as a model for the rest of the world.
1. [The equal representation of the states in the Senate]...

2. [The Electoral College]...

3. Is it appropriate that a president can frustrate the will of a majority of both houses of Congress by vetoing legislation with which he disagrees on purely political grounds?...

4. Is it a desirable feature of the Constitution that the impeachment clause enables us to rid ourselves of a criminal president, but leaves us at the tender mercies of an incompetent one until the conclusion of his or her fixed term of office?...

5. Does it make sense that an incumbent defeated in a national election maintains the presidency for a full ten weeks beyond election day, fully capable of making policy decisions that may drastically effect [sic] the future of the United States?...

6. Do you really want justices on the Supreme Court to serve up to four decades and, among other things, to be able to time their resignations to mesh with their own political preferences?...

7. Do you support the ability of thirteen legislative houses in as many states to block constitutional amendments desired by the overwhelming majority of Americans and, potentially, by eighty-six out of the ninety-nine legislative houses in the American states?

This is the lead piece in a symposium in the Harvard Law & Policy Review. There are responses from Frank I. Michelman, Mark Tushnet, Adrian Vermeule, and Robin West.

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