Erwin Chemerinsky: No Democracy Lasts Forever

Commonwealth Club of California Podcast

Has the U.S. Constitution become a threat to American democracy? Does it need to be dramatically changed or replaced if secession is to be avoided?

Join us as Erwin Chemerinsky returns to Commonwealth Club World Affairs to share his deeply troubled thoughts of the Constitution’s inherent flaws. The dean of the UC Berkeley law school came to the sobering conclusion that our nearly 250-year-old founding document is responsible for the crisis now facing American democracy.

Chemerinsky points out that just 15 of the 11,848 amendments proposed since 1789 have passed, and he contends that the very nature of our polarization results from the Constitution’s “bad bones,” which have created a government that no longer works or has the confidence of the public. Yet he says political Armageddon can still be avoided if a new constitutional convention is empowered to replace the Constitution of 1787, much as the Founding Fathers replaced the outdated Articles of Confederation. And if that’s not possible? He has an even more radical proposal: That Americans must give serious thought to forms of secession―including a United States structured like the European Union―based on a recognition that what divides us as a country is, in fact, greater than what unites us.

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