In Our Undemocratic Constitution, Sanford Levinson boldly argued that the U.S. Constitution should not be treated with “sanctimonious reverence,” but as a badly flawed document deserving revision. Now, this book goes deeper, asking what were the original assumptions underlying the institutions, and whether we accept those assumptions 225 years later. The book challenges the belief that the most important features of the constitutions concern what rights they protect. Instead, it focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the preside ... More

In Our Undemocratic Constitution, Sanford Levinson boldly argued that the U.S. Constitution should not be treated with “sanctimonious reverence,” but as a badly flawed document deserving revision. Now, this book goes deeper, asking what were the original assumptions underlying the institutions, and whether we accept those assumptions 225 years later. The book challenges the belief that the most important features of the constitutions concern what rights they protect. Instead, it focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the president by the electoral college, or the dimensions of the president's veto power—not to mention the near impossibility of amending the U.S. Constitution. The book argues that we should stop treating the U.S. Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the fifty state constitutions, often interestingly different—and perhaps better—than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. Surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more democratic or about creating a system of government that can more effectively respond to contemporary challenges, we need to confront the ways that the constitutions, especially the U.S. Constitution, must be changed in fundamental ways.