The Framers Would Have Wanted Us to Change the Constitution
On Monday, the Supreme Court will begin a new term. The justices are slated to consider a few extremely consequential issues, including in cases concerning abortion and guns. But if the opinions issued at the end of the most recent sitting taught us anything—particularly the decision in Brnovich v. Democratic National Committee, which sapped Section 2 of the Voting Rights Act of its potency—it is this: Americans can no longer rely on the federal judiciary to safeguard their fundamental right to vote. And given the Court’s open hostility toward measures aimed at preserving U.S. democracy, legislation may be futile too. What’s left? Advocates charting a path forward should think back to the Framers. They would resort to extraordinary measures. They would consider amending the Constitution.
In general, I am no proponent of speculating what long-dead politicians would do if they were here now. There’s too much room for error, and no way of definitively proving any particular hypothesis. However, in a way that promotes democracy and reflects our current values.
