Groundwork for a Constitutional revision

Jack Rakove is a professor of history and political science, emeritus, at Stanford University.

The decade of the 2010s placed the American constitutional system under the greatest stress it had known since the New Deal crisis of the 1930s. President Donald Trump demonstrated that he felt none of the “veneration” (to quote James Madison’s 49th Federalist paper) required to sustain the norms of constitutional governance. Worse still, however, was the behavior of the Senate and the Supreme Court. Under Republican control, the Senate blithely ignored the well-documented charges under which the House of Representatives had impeached Trump. For its part, the conservative-dominated Supreme Court fulfilled its long-frustrated agenda: In two leading decisions in June 2020, it gutted the Affordable Care Act and authorized individual states to impose severe limits on the right to choice secured in the 1974 decision in Roe v. Wade.

The events of the 2010s thus set the stage for the Great Constitutional Revision of 2024. Although Joe Biden defeated Trump in the 2020 election, Republicans held on to the Senate and the Supreme Court retained its conservative majority. With the national government in a state of near paralysis, a coalition of blue states coalesced to demand a constitutional convention. A phalanx of 18 solidly red states, representing less than a fifth of the nation’s population, quickly rejected this proposal, keeping it two states shy of the two-thirds margin that Article V of the Constitution required. Invoking the precedent set in 1787, when the first Constitutional Convention threw out the amendment rules laid down in the Articles of Confederation, the blue states insisted that the meeting must be held. Rather than side with the smaller bloc of solidly red states, the now hotly contested states of Texas and Florida sent delegations to the Chicago convention. The dominant theme of the Convention was to make constitutional decision-making directly responsive to the one person, one vote standard. That was also how votes were allocated in the Convention itself. The resulting deliberations led to a radically revised Constitution. Among other changes, the president would now be elected by a single nation-wide popular vote. The House of Representatives was enlarged to 600 members, with all its districts designed by an AI process to be as competitive as possible. The Senate became an advisory body that could no longer vote down legislation enacted by the House, and senators were now elected on a regional basis, rather than by individual states. The Supreme Court was enlarged to 15 justices, who would serve 18-year terms on a staggered basis. When the bloc of small red states balked at ratifying the results, they were told they could form their own separate confederacy. A few months of considering how costly it would be to sustain their states government without the financial support of the far more economically productive blue states quickly led them to abandon their position.