2006 Seminar: Constitutional Amendments

For class next week (January 19), each of you should come prepared to discuss your own favorite new amendment to the U.S. Constitution. Please come up with a draft of your basic idea for a new amendment to the Constitution. In other words, if you could add one new provision, what would it be?

For example, if I were Platonic Guardian for a Day, I would amend the constitution to require a 7/9ths vote of the Court before declaring federal or state laws unconstitutional? The idea is that duly-enacted laws and the process of democratic self-government should have a presumption of constitutionality that can be overcome only by a strong consensus on the Court that the democratic branches of government have acted outside the Constitution. This allows the Court to exercise judicial review by consensus, but not by a bare majority vote. What do y'all think about my proposed amendment?

Another proposed amendment is that suggested by Professors Carrington and Crampton. Actually, they propose this change to be adopted by statute, but it might better be adopted as an Amendment to Article III. Their suggestion is basically to appoint Supreme Court justices to serve only for a term of 18 years. Here is a link to their proposal. Please come to class prepared to discuss it.