Jonathan Haidt Reveals Why Smartphones and Social Media Are Destroying an Entire Generation of Kids
53:53
Should We Change the Constitution? Americans Weigh In on Amendments, Term Limits, and Federal Power
The Constitution made America different from every other nation, but is it still good enough? From term limits and balanced budget amendments to the Commerce Clause and the Second Amendment, everyday Americans and political experts share their thoughts on what should change, and what should stay the same. Some argue for strengthening individual rights, while others want to rein in Washington's bureaucracy. But perhaps the wisest approach is simply to enforce the Constitution we already have, before unintended consequences create more problems than solutions.
The Constitution: America's Founding Document Under Scrutiny
Around Independence Day, Americans celebrate the Constitution, the document that made America different from every other country that came before. It represents the supreme law of the land, yet when people on the street are asked about it, many reveal a troubling lack of knowledge. Some don't know what it is, others think it's just "like laws," and many have never read it. One common thread emerges: people acknowledge that "old people probably wrote it" and "they're dead," raising the question of whether what they wrote remains good law today.
Some believe the Constitution was "right for the time that it was made in" but argue it "could use some changes" because it's "antiquated." Critics point out that the original document accepted slavery. However, the founders who wrote the Constitution also wisely made it possible to change through the amendment process, ensuring the document could evolve with the nation.
When Constitutional Changes Go Wrong
Change isn't always good. The most cited example is Prohibition, when alcohol was banned through a constitutional amendment. Looking back, people describe it as "stupid" and the result of "people getting real jazzed up about something they didn't need to get jazzed up about." The amendment was eventually repealed, serving as a cautionary tale about the unintended consequences of constitutional meddling.
Proposed Changes: Balanced Budgets and Term Limits
When asked what changes should be made to improve the Constitution, people with legal and political expertise offered numerous suggestions. A popular proposal is adding a balanced budget amendment to stop politicians from bankrupting the country. One reason politicians spend so much is to get re-elected endlessly, which leads to another common suggestion: term limits.
Some propose 18-year terms for Supreme Court justices, arguing that this might make confirmation fights less bitter and partisan. Others want to take term limits further, suggesting that "politics should never be the family business." Under this proposal, if your father, mother, siblings, uncle, or cousins were elected to federal office, you couldn't run. This would eliminate political dynasties like the Kennedy clan or the Bush family.
Limiting Federal Power Over Commerce
Many who favor limiting government power support eliminating or restricting the Commerce Clause, which has been interpreted to grant the government virtually unlimited power over the economy. This interpretation has enabled federal pension programs, monopolized health insurance for the elderly, and justified the War on Drugs. Critics argue "there's no reason government should have any authority over commerce whatsoever" and that "it's gotta go."
Reining In the Administrative State
Many people want the Constitution amended to restrain the growth and power of Washington's agencies. The administrative agencies that occupy the nation's capital are viewed as "a grave threat both to Americans' liberties and to our prosperity." This permanent bureaucracy needs to be accountable to somebody, though people have different ideas about how to achieve that accountability.
Campaign Finance and Political Speech
One congressman proposes overturning Citizens United to prevent people from spending millions of dollars in elections and "corrupting elections," returning democracy to "the town halls and citizen involvement that our founders envisioned." However, critics argue that limits on political speech usually entrench insiders' power. The main point of the Constitution and the Bill of Rights was to protect the rights of the individual, and some argue for specifying more rights, such as a right to earn a living or a right to not have the government take your property.
The Free Speech Debate
Some rights are already listed, like free speech. Yet many people today want to limit it, arguing that "being able to speak your mind is important, as long as it's not in a way that is going to be long term harmful to people." Others defend even hate speech, with one person explaining, "If you hate it, somebody else might love it. So as long as there's no action to physically harm somebody, keep the free speech."
The Second Amendment Controversy
The founders included the right to bear arms in the Constitution. Back then, people needed firearms for protection. But now many argue that with police officers and military, "do we really need them? No." Others want to strengthen the Second Amendment by adding language that clearly states civilians can be armed and that laws restricting firearm ownership cannot be passed. As one defender put it, "The only reason we could stand on freedom is because we got the right to bear arms. We're all like a micro government in our own way."
Learning from State Constitutions
If we need someone governing us, perhaps state governments have better ideas. Many state constitutions include a "gift clause," which prohibits government subsidies to special interests. Some suggest including similar protections in the federal Constitution, along with safeguards against the abuse of eminent domain that are found in many state constitutions. Eminent domain allows government to take people's property for what politicians consider public use, representing another area where government has accumulated excessive power.
Just Enforce What We Have
How did government grow to have so much power over everything? The Constitution was designed to limit government's authority, but it's often ignored. One observer noted that even the First Amendment's protection of the right to peaceably assemble wasn't invoked by libertarians to fight lockdowns and quarantining. Perhaps "the right way to amend the Constitution is just enforce the one that we have right now."
Meddling with the Constitution might bring unintended consequences, like Prohibition did. The founders wrote documents designed to give people life, liberty, and the pursuit of happiness. If one thing could be changed, perhaps they should have done it in bold so more people would have paid attention. But ultimately, they did a decent job—better than most people could have done in their shoes.
The last word belongs to a wise man encountered in Times Square: "The people got the power in this country and that's what makes it so beautiful."
Video Transcript
[Fireworks]
This time of year,
we celebrate America’s independence,
and this document,
the Constitution.
This made America different from
every other country that came before.
But is this good enough?
It's the best constitution on the earth.
I think the forefathers
knew what they were doing.
Lots of people we asked
had no opinion.
Have you read the Constitution?
No.
What is the Constitution?
I don't know what that is.
The amendments.
What's that?
I think it's like laws.
Yes, the “Supreme Law.”
Old people probably wrote it.
Yeah.
Mm-hmm.
They’re dead.
And is what they wrote good law today?
The idea was right
for the time that it was made in.
It could use some changes.
It’s antiquated.
Yes, this did accept slavery.
Fortunately, the people who wrote this
also made it possible to change it.
We therefore declare
Of course, change isn’t always good.
Alcohol’s national annihilation
by an amendment to the federal constitution.
That was stupid.
That was people getting
real jazzed up about something
they didn't need to get jazzed up about.
They eventually repealed Prohibition.
Are there other good changes we should make,
to make our Constitution even better?
We asked people,
some with legal and political expertise.
Are there things you would change?
Oh goodness. There's so much.
Probably add a balanced budget amendment.
[Ticking]
Would that stop the politicians
from bankrupting us?
One reason they spend so much
is to get re-elected,
endlessly.
Could we change that?
Maybe term limits.
18-year terms for the Supreme Court.
Maybe the confirmation fights would be
less bitter and partisan.
Kavanaugh has got to go!
Others want to take term limits further.
Politics should never be the family business.
So, if your father, mother, siblings,
uncle, cousins were elected to federal office,
you can't.
No more Kennedy clan?
No Bush dynasty?
You can’t get fooled again.
I like any idea
that limits government power.
Term limits might,
so would killing the Commerce clause.
It's been interpreted
to grant the government
virtually unlimited power over the economy.
This has included forcing people to
participate in federal pension programs,
monopolizing health insurance for the elderly,
enabling the War on Drugs.
There's no reason government should have any
authority over commerce whatsoever.
I don't know why it's in there.
It's gotta go.
Many people want the constitution amended
to restrain the growth and power of
Washington’s agencies.
The administrative agencies that now infest
the banks of the Potomac
are a grave threat both to Americans' liberties
and to our prosperity.
This permanent bureaucracy,
it has to be accountable to somebody.
People have different ideas about how to do that.
This congressman proposes
Overturning Citizens United.
So, people can't spend millions of dollars
in elections and corrupting elections.
So, we return our democracy
to the town halls and citizen involvement
that our founders envisioned.
Overturn Citizens United?
Limits on political speech
usually entrench the insiders’ power.
The main point of the Constitution,
and the Bill of Rights,
was to protect the rights of the individual.
I would specify more rights.
So how about a right to earn a living?
How about a right to not have
the government steal from you?
Some of our rights, of course,
are already listed,
like free speech.
But today many people want to limit that.
Being able to speak your mind is important,
as long as it's not in a way that is going to
be long term harmful to people.
Really?
Take free speech out of the Constitution?
Never take the speech away from the people.
I’m glad this man defended even hate speech.
If you hate it,
somebody else might love it.
So as long as there's no action
to physically harm somebody,
keep the free speech.
The founders also included
the right to bear arms.
Fire!
Back then you needed them.
But now many people say
we no longer do.
We have police officers.
We have a military.
So, do we really need them? No.
Others want to strengthen the 2nd Amendment.
Just add a few lines.
This means that we can absolutely
arm civilians and you
can't pass laws restricting,
restricting the ownership of firearms.
The only reason we could stand on freedom is
because we got the right to bear arms.
We’re all like a micro government
in our own way.
“Micro governments.”
I like that,
and if we need someone governing us…
maybe state governments have better ideas.
A lot of state constitutions have something called
a gift clause
and a gift clause is a prohibition on government subsidies
to special interests.
And along the same lines
I would include in the federal constitution
protections against the abuse of
eminent domain that are also found
in many state constitutions.
Eminent domain lets government
takes people’s property
for what politicians consider public use.
How did government grow
to have so much power over everything?
[Paper crumpling]
This was designed to limit government’s power.
Sadly, it's often ignored.
I got a copy of the Bill of Rights here.
And if you look at the First Amendment,
it says that the right of people to
peaceably assemble shall not be infringed.
And not even libertarians bothered
so much to invoke that as to fight
the lockdowns and quarantining.
The right way to amend the Constitution
is just enforce the one
that we have right now.
Right.
Meddling might bring
unintended consequences,
like Prohibition did.
Our founders wrote documents
on old pieces of paper
that were designed to give you
life, liberty, and the pursuit of happiness.
I suppose, if we were gonna change one thing,
perhaps they should've done it in bold.
So, more people would've paid attention.
They did a decent job.
I don't know if I could have done better in their shoes.
