Thursday, July 03, 2008

An old constitution

While the USA likes to think of itself as a young country, it has the oldest written constitution in the world. Perhaps uniquely, its framers are seen as demi-gods, its strictures almost immutable. Even though it was merely a development in a long line of documents from the Magna Carta in 1215, and the English Bill of Rights of 1689, the mythology around it is that it sprung fully formed from the mind of Thomas Jefferson. In fact, while he wrote the first draft, about 25% of that was dropped and new material introduced. There is little recognition that circumstances change. A few days ago, on the radio, I heard someone say that the government could ban cars, or the Internet, without any challenge from the Constitution, whereas, it could not ban guns, even though the very nature of a gun and society had changed dramatically since it was written. Only a few centuries will tell whether this view of a Constitution, or the alternative view of one as an ever changing and evolving philosophy will be better.

4 comments:

Jonathan said...

The US Constitution can be amended, which seems a possible way of keeping it up to date. Are you suggesting that amendments should be made easier to achieve?

I suppose that making amendments easier would itself require an amendment...

Jonathan said...

Come to think of it, I see that the 27th Amendment to the US Constitution was ratified in 1992. So, if you take the view that the document as a whole dates from its last modification, it's still a teenage constitution!

Jonathan said...

A fairly obvious measure to make amendments easier would be to require ratification by two-thirds of the states, rather than by three-quarters of them.

A more radical change might be to allow ratification by (say) two-thirds of voters in a nationwide referendum. But I suspect this is too radical a change to get adopted in the foreseeable future.

Jonathan said...

Shall we start drafting the Motorcar Amendment?

"A well maintained Motor Vehicle, being necessary to the happiness of a free citizen, the right of the people to keep a Car and drive it hither and thither on the highways, shall not be infringed."