NYT Op-Ed: Throw out the ‘Broken Constitution’ and ‘Reclaim America’


The “broken” and “famously undemocratic” U.S. Constitution “stands in the way” of “real” freedom and democracy, according to a New York Times op-ed by two Ivy League law professors.

The pair issued a call to “radically alter the basic rules of the game” by no longer requiring us to “justify our politics by the Constitution.”

‘The fourth beast shall be A fourth kingdom on earth, Which shall be different from all other kingdoms, And shall devour the whole earth, Trample it and break it in pieces.” Daniel 7:23

Montage Of Town Crier With US Constitution . (Photo by Lambert/Getty Images)

A Friday New York Times essay, titled “The Constitution Is Broken and Should Not Be Reclaimed,” and penned by law professors Ryan D. Doerfler of Harvard and Samuel Moyn of Yale, claims when liberals “lose in the Supreme Court” they often blame justices for misreading the Constitution, yet in reality, “struggling over the Constitution has proved a dead end.”

“The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism,” the authors assert, as they attack the “some centuries-old text.”

The essay also claims that constitutions, and “especially the broken one we have now,” direct us to the past, something that “aids the right” which tends to stick “with what it claims to be the original meaning of the past.”

Though liberals have attempted to “reclaim” the Constitution for half a century, the essay claims they have “agonizingly little to show for it” while calling to “radically alter the basic rules of the game.”

The authors also criticize progressives for attempts to “regain ownership of our founding charter,” mistakenly attributing the problem to the Supreme Court’s “hijacking” of the Constitution rather than the charter itself.

“[E]ven when progressives concede that the Constitution is at the root of our situation, typically the call is for some new constitutionalism,” they write.

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