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Book Cover for: No Democracy Lasts Forever: How the Constitution Threatens the United States, Erwin Chemerinsky

No Democracy Lasts Forever: How the Constitution Threatens the United States

Erwin Chemerinsky

The Constitution has become a threat to American democracy. Due to its inherent flaws--its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court--Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold.

Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world.

Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish.

Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government.

Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.

Book Details

  • Publisher: Liveright Publishing Corporation
  • Publish Date: Aug 20th, 2024
  • Pages: 240
  • Language: English
  • Edition: undefined - undefined
  • Dimensions: 9.30in - 6.40in - 0.90in - 1.05lb
  • EAN: 9781324091585
  • Categories: United States - 20th CenturyUnited States - 21st CenturyConstitutional

About the Author

Chemerinsky, Erwin: - Erwin Chemerinsky is the dean of the University of California, Berkeley, School of Law. The author of Presumed Guilty, The Conservative Assault on the Constitution, and The Case Against the Supreme Court, among many other works, he lives in Oakland, California.

Praise for this book

Dean Erwin Chemerinsky makes crystal clear how original defects in the U.S. Constitution have combined with judicial decisions to cement minority rule rather than democracy. As a result, majority-backed gun control, reproductive rights, and remedies for racial inequality are nonstarters. This book offers specific reforms that could be adopted even within the current framework. . . . No Democracy Lasts Forever is must-reading for anyone who cares about this nation and its future.--Martha Minow, former dean, Harvard Law School
When one of the country's most distinguished and sober-minded legal scholars argues that the Constitution imperils democracy, Americans should take note. When he further argues that the Constitution is pushing us to the brink of secession, Americans should take action. Erwin Chemerinsky's No Democracy Lasts Forever offers not only a powerful indictment of the U.S. constitutional system but also a clarifying call to remake our supreme law before it's too late.--David Pozen, Charles Keller Beekman Professor of Law, Columbia Law School
Erwin Chemerinsky's piercing diagnosis of the state of American democracy centers the U.S. Constitution as the protagonist in the story of its unraveling and dares us to reimagine the document's core principles and embrace a revolutionary refounding of our country. . . . His audacious blueprint for a constitutional convention merits contemplation by anyone invested in the future of the United States--which should be all of us.--Janai S. Nelson, president of the NAACP Legal Defense and Educational Fund
Magnificent as the Constitution is, argues Erwin Chemerinsky, it also has great flaws that ultimately may bring about the collapse of the American experiment...No Democracy Lasts Forever is a powerful and profound work of scholarship and reasoning that raises questions worth the attention of all thinking Americans.--Ellis Cose, author of Race and Reckoning
Erwin Chemerinsky, dean of the law school at the University of California, Berkeley, pushes the tradition of constitutional criticism to new heights with No Democracy Lasts Forever. In this brief mix of political commentary and legal analysis, he confidently argues that the time has come to replace the Constitution entirely. His work provides a compelling critique of the current state of American democracy and its foundational document, revealing tensions within the Constitution that are often overlooked by the general public.--Samuel Goldman "Wall Street Journal"
The book works as a kind of legal-scholarship companion to last fall's Tyranny of the Minority, by Steven Levitsky and Daniel Ziblatt, which employs a political scientist's lens to analyze many of the same issues . . . Both books identify a similar set of problems: that the counter-majoritarian protections originally designed to foster compromise and unity, including the structure of the U.S. Senate and the Electoral College, now reinforce polarization and gridlock. But while the authors offer some suggestions for how things might improve, all acknowledge that changing the Constitution would require the assent of those who currently benefit from those flaws -- an unlikely prospect.--Amanda Taub, New York Times, "The Interpreter" newsletter
Chemerinsky soberly proposes that Americans should think about forms of secession... [He] lays out his argument in a methodical and compact way.--Mary Wisniewski "NewCity Lit"
Chemerinsky, the dean of Berkeley's law school, still seemed to place considerable faith in the Constitution, pleading with fellow progressives in his book We the People 'not to turn their back on the Constitution and the courts.' By contrast, No Democracy Lasts Forever is markedly pessimistic. Asserting that the Constitution, which is famously difficult to amend, has put the country 'in grave danger, ' Chemerinsky lays out what would need to happen for a new constitutional convention -- and, in the book's more somber moments, he entertains the possibility of secession... He hopes that any divorce, if it comes, will be peaceful... The prospect of secession sounds extreme, but in suggesting that the Constitution could hasten the end of American democracy, Chemerinsky is far from alone.--Jennifer Szalai "New York Times"
UC-Berkeley law school dean Chemerinsky (A Momentous Year in the Supreme Court) is a prolific critic of the U.S. legal system. His timely book examines the flaws in the Constitution that he blames for the nation's current political dysfunction... Chemerinsky's expertise enhances this examination of the Constitution and benefits readers concerned about the current state of U.S. politics.--Thomas Karel "Library Journal"
I agree with Chemerinsky that because of the deep structural flaws in our Constitution, the union is more fragile than many assume. And like him, I can easily imagine America getting to a place where the idea of breaking it up no longer seems unthinkable. That optimism seems to drive his belief that a country as polarized as ours is still capable of sweeping positive change. 'I want to believe that if a group of men and women came together and had to draft a Constitution...they would come up with a better document than we have now, ' said Chemerinsky.--Michelle Goldberg "New York Times"
Chemerinsky does make, forcefully, valid points... he's probably right that, in a highly polarized electorate like ours, we are apt to see this happen fairly regularly. The problem is not so much that the wrong person wins as that the public loses faith in the process.--Louis Menand "The New Yorker"
[Chemerinsky's] highly readable and timely book makes abundantly clear how the Constitution, far from serving as a bulwark against democratic backsliding, is contributing to the current political woes in the US.--Lawrence Douglas "The Times Literary Supplement"