The presidential candidates are offering prescriptions for everything from Iraq to healthcare, but listen closely. Their fixes are situational and incremental. Meanwhile, the underlying structural problems in American politics and government are systemic and prevent us from solving our most intractable challenges.
If we really want to make progress and achieve greater fairness as a society, it is time for elemental change. And we should start by looking at the Constitution, with the goal of holding a new Constitutional Convention.
Sound radical? If so, then the founders were radicals. They would be amazed and disappointed that after 220 years, the inheritors of their Constitution had not tried to adapt to new developments that the founders could never have anticipated in Philadelphia in 1787.
Thomas Jefferson, for example, insisted that "no society can make a perpetual Constitution. ... The Earth belongs always to the living generation. ... Every Constitution ... naturally expires at the end of 19 years" (the length of a generation in Jefferson's time).
The Constitution remains brilliant in its overall design and sound with respect to the Bill of Rights and the separation of powers. But there are numerous archaic provisions that inhibit constructive change and adaptation. These constitutional bits affect the daily life of the republic and every citizen in it. A few examples:
* Restoring the war powers balance. The framers split authority concerning matters of war-making between the president (commander in chief) and Congress (declaring war). Does anyone seriously believe that they would have approved of the executive department waging years-long wars without the explicit approval of the legislature? Yet the advantages accruing to any president -- the unitary nature of the office, the swift action that only he can take in a hair-trigger world, his dominance of the televised public forum -- have created an emperor as much as a president. The constitutional balance of shared war-making must be restored.
The president should have the freedom to commit troops for up to six months, under procedures similar to that of the War Powers Resolution of 1973. But a new constitutional amendment should require that after six months -- and every six months thereafter -- both houses of Congress, by affirmative vote and without filibusters, would have to approve any extension. If one house votes no on extending, all combat troops must be withdrawn within a year.
