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Nitramp | 3 years ago
That's a very surprising take to me.
Some more obvious problems with the US constitution are highly ambiguous clauses (right to bear arms vs militias), unclear powers assigned to parts of the government (could Pence have legally decided on the electors to make Trump win? what's the exact succession of powers?), an election system causing imbalanced voting power (how many senators per state vs population, first-past-the-post vote), important rights left undefined (right to privacy vs the abortion issue), and many many more issues. These really are just the recent things that come to mind. These problems also don't seem scholarly, they appear to have substantial impact on political reality.
The US constitution was certainly a huge achievement for the 18th century. There's - unsurprisingly - been a lot of progress in constitutional theory in the 235 years after though, and it seems like it is a massive liability for the US by now.
raxxorraxor|3 years ago
As I said, I don't believe it to be perfect, but I have severe doubts current powers could come up with something better.
The question of the number of representatives by state is a political one. Look at the EU. Pretty much the same. Otherwise a union would not be possible. This is a form of minority protection. There is valid criticism for that but said criticism should first understand why it is the way it is. There is also valid criticism of "the winner takes it all" approaches of course. These issues aren't even disconnected here.
Still, the US constitution is pretty great. I don't know of one that is better. I don't believe the current political climate could improve it significantly and I cannot blame it for not having a direct answer to any legal question. A constitution that might have that would be extremely long and probably extremely bad.
Nitramp|3 years ago
Do you have specific reasons why you think that's the case? I did give concrete examples, some of which are indeed recent events, but all of these seem to hold in general outside the context of recent events.
> Still, the US constitution is pretty great. I don't know of one that is better.
What countries do you compare to here? And what would be the dimensions you're comparing them on?
> I don't believe the current political climate could improve it significantly.
I think that's true, but that might speak more to the political climate in the US than the inherent quality of the constitution.