When James Madison and his fellow statesmen drafted the Constitution, they created our system of government, with its checks, balances and sometimes awkward compromises. The laws of the United States are based on this document, along with the Bill of Rights, and for more than 200 years, Americans have held it sacred.
But Georgetown law professor Louis Michael Seidman says that adherence to the Constitution is both misguided and long out of date. In his incendiary new book, On Constitutional Disobedience, the scholar who clerked for Supreme Court Justice Thurgood Marshall argues that giving up on the Constitution would improve American political discourse and government, freeing us from what he describes as an “intergenerational power grab” by the Founding Fathers.
Why would we stop obeying the Constitution?
This is about taking the country back for ourselves. There’s no reason to let folks who have been dead for 200 years tell us what kind of country we should have. The United States that the Founding Fathers knew was a very small country huddled along the Eastern seaboard. It was largely rural; large parts of it were dependent on slave labor, and there was nothing like modern manufacturing or communication. Many of the most important drafters of the Constitution, including Madison, owned other human beings. Virtually all of them thought that women should have no role in public affairs. I don’t mean to say that they were not farsighted for their time, but their time is not our time.
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