Jill Lepore’s ‘We the People’: Why America Can’t Amend Its Constitution
Summary of Key Points from the Interview:
this interview excerpt focuses on the current state of the US Constitution, its amendability, and potential for crisis. Here’s a breakdown of the key points made by legal scholar JL and interviewer RA:
1. The Paradox of Popular Will & Constitutional Impasse:
* The interview begins by noting a frustrating dynamic: popular support for constitutional amendments exists, yet these amendments are consistently blocked. This is seen as a sign of democratic failure.
2. The Importance of Amendability for Legitimacy:
* JL argues that a Constitution’s legitimacy depends on the people’s ability to amend it. George Washington saw the amendment process as a crucial “door” that should remain open, but it frequently enough feels locked.
* While amendments have happened (four times between 1961-1971), they typically require critically important political pressure and are frequently enough triggered by frustration with judicial decisions.
3. Obstacles to Amendment:
* Fear of a Constitutional Convention: Progressives, in particular, are wary of a constitutional convention due to concerns about the influence of money in politics and potential corruption of the process.
* General American Aversion: Manny Americans are simply fearful of the idea of amending the Constitution.
4. Constitutional Crisis & Trump:
* JL is hesitant to use the term “constitutional crisis” due to its weaponization by the Trump governance to justify overreach.
* A true crisis, in JL’s view, would occur if the Supreme court rules against Trump and he disregards that ruling. The core issue is Trump’s belief that his pronouncements define constitutional reality.
5. Neglect of the Constitution by the Current Administration:
* JL asserts that the current administration (and potentially the government as a whole) is neglecting the Constitution, prioritizing action over adherence to constitutional principles (“ask forgiveness, not permission”). There’s a performative reverence for the constitution without genuine fidelity to it.
6. Overturning vs.Revising the Constitution:
* JL believes the Constitution is unlikely to be overturned in the short term. A Seattle audience overwhelmingly favored upholding the Constitution over starting anew.
* The core problem isn’t the Constitution itself, but the American people’s inability to revise it effectively.
7. The “Restless Spirit of Amendment”:
* JL identifies a past “restless and unruly spirit of amendment” as a defining American characteristic. He’s curious to see if this spirit will re-emerge during the 250th anniversary of the Constitution in 2026.
In essence,the interview paints a picture of a Constitution that is increasingly rigid,facing challenges to its legitimacy,and potentially vulnerable to abuse by those who prioritize power over principle. The key takeaway is that the inability to amend the Constitution, rather than flaws within the document itself, is the moast pressing threat to its future.