“The Constitution Is Broken And Should Not Be Reclaimed.” This headline from a New York Times editorial written by two law professors (from Harvard and Yale), is simply a more hyperbolic expression of a point of view that has become increasingly prominent in the writings of law professors, journalists, political scientists, and politicians who deem the Constitution to be not only “broken,” but also “paralyzing,” “undemocratic,” and “obsolete.”
Even more prevalent are arguments for abolishing or radically changing key aspects of the document: the Electoral College, the Senate, the Amendment Process, the Presidential Veto, and the lifetime appointment of Supreme Court Justices.
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