Bialosky: Rewriting Constitution: Can It Happen? -

For years the Democrats want to change the Constitution. They do not like free speech or religious freedom, so they want to end the First Amendment. Democrats do not like people being able to defend themselves, they want to end the Second Amendment. They do not like the Electoral College and want to end it. They do not like the Tenth Amendment, which gives States the right to be self governed—they preferred a Centralized national government, like Russia or China.

“The newest idea coming to the forefront is the complete rewriting of our Constitution. Erwin Chemerinsky, Dean of the UC Berkeley School of Law, brought this forward. He is not the first to throw out the idea; he is just the most serious person to propose it. Chemerinsky, who is 71 years old, has a long history of being a serious legal scholar on the Left as he moved up the career ladder at other institutions leading to his current position. The fact he has expressed positive thoughts on this idea provides the foundation for it spreading as an idea much like when Coates got fully behind reparations.

They do not like the Supreme Court interpreting the Constitution, so they want to pack the court with radicals who oppose the Rule of Law.

Rewriting Constitution: Can It Happen?

Posted by Bruce Bialosky, Flashreport, 9/22/24 https://www.flashreport.org/blog/2024/09/22/rewriting-constitution-can-it-happen/

You hear an idea generated from the Left and say to yourself, “that will never happen.” Then the idea starts to spread and spread some more. All of sudden the idea you thought would never get anywhere is reverberating throughout the Left and enters the halls of Congress or state legislatures or city halls as something considered as “rational thought.” This has been happening over and over again. There is a new idea emerging. The Left is beginning to push this idea and unless we strangle it now, it could become mainstream Leftist thought.

A perfect example of how misguided ideas germinate and then sprout into a full-fledged insane idea is reparations. The idea bounced around at a low level for years. Audley Moore was known as the “Queen Mother” of the idea from the early 1960’s. The modern surge came from a Ta-Nehisi Coates’ 2014 column, The Case for Reparations. He had the advantage of living in the internet age and his column went viral.

That idea has spread throughout blue states and municipalities within those states. This is often in states like California or Illinois where slavery was always outlawed. This is despite the vast majority of Americans today are either immigrants or descendants of immigrants who have come to this country after the U.S. Civil War when slavery was abandoned throughout our country. The Left never fails to rationalize giving away other people’s money for what they believe is a just cause.

The newest idea coming to the forefront is the complete rewriting of our Constitution. Erwin Chemerinsky, Dean of the UC Berkeley School of Law, brought this forward. He is not the first to throw out the idea; he is just the most serious person to propose it. Chemerinsky, who is 71 years old, has a long history of being a serious legal scholar on the Left as he moved up the career ladder at other institutions leading to his current position. The fact he has expressed positive thoughts on this idea provides the foundation for it spreading as an idea much like when Coates got fully behind reparations.

Chemerinsky begins his column with this:

“No matter the outcome of the November elections, it is urgent that there be a widespread recognition that American democracy is in danger and that reforms are essential. No form of government lasts forever, and it would be foolhardy to believe that the United States cannot fall prey to the forces that have ended democracies in many other countries.

Although the causes are complex, many of today’s problems can be traced back to choices made in drafting the Constitution, choices that are increasingly haunting us. After 200 years, it is time to begin thinking of drafting a new Constitution to create a more effective, more democratic government.”

Translating what he just said, he is dissatisfied because national decisions have not gone his way. He cites polls that he and his brood have ginned up that our government has lost the confidence of the people. He then says people in their 20’s and 30’s are “losing faith in democracy.” Might they be learning that from the colleges where he taught most of his career?

He then attacks the electoral college and two senators for each state. He states this came about because of a ‘messy’ compromise. At the time, New York and Virginia had top-heavy populations and the other states wanted to have a say. Thus, they designed a system where the smaller states would also have a say. A bicameral Congress, one house elected by population, the other based on state parity. That does not work for him. He wants unfettered democracy when we have a Republic.

I am often asked about the electoral college which worked 250 years ago and works today. When asked about dumping it, I state it will never happen. I am then asked why. My reply is “NH, WY, ND, AK, SD, NV, NE, KS, UT” and then they finally stop me. I tell them the only two small states stupid enough to give up their say on national elections are the extreme left states of Hawaii and Vermont.

Nevada is in play in this election. Under Chemerinsky’s plan they would be totally ignored in a national election. Just like Iowa, New Hampshire and South Carolina would be in the primaries. Ten population-heavy states would control the outcome and campaigns for all national elections. Talk about alienating our fellow citizens. Converting the U.S. Senate to a population-based division would dissolve its purpose. We might as well have a unicameral government.

He then goes on to state the only part of our government which was created to be representative of the people, the House, has become hopelessly poisoned by gerrymandering. He cites the problems in Pennsylvania that hurt Democrats. He could have cited his home state of California which is egregiously slanted toward the Democrats in its gerrymandering. But that is done by a supposed “nonpartisan commission.” Years back, I wrote a three-part series clarifying there is no such thing as a “nonpartisan commission” and Republicans were better off with cutting deals with Democrats. At least the lies were out in the open.

Chemerinsky prattles on about democracy, but only believes in it when it suits his needs. He is a big supporter of Roe v. Wade which was a top-down ruling by the U.S. Supreme Court. The current ruling has turned the issue over to the states and the people. He skips over the fact that the people in ten states are voting on this issue in the upcoming election. That sounds to me like democracy in action.

Chile was doing very well as a country until the Left took over the government and decided to write a new constitution. They twice put it to a vote of the people (in 2022 and 2023), and it was rejected both times. Thankfully.

We are not Chile; we are the oldest democratically elected government in history. It is difficult to amend our constitution and for good reason. It accounts for the stability of our government. Our federalized form of government allows people to move throughout our country to states where they are more comfortable with how the municipal and state governments operate. The Left does not care for that. They want top-down decisions on public policy determined by “experts” in Washington.

I differ with Mr. Chemerinsky in that I believe we are a blessed country where somehow at the formation of our government historical giants like Washington, Madison, Adams, Hamilton, Franklin, Jefferson, John Jay and others managed to gather together and construct a constitution for the ages providing flexibility, stability, and free choice to our citizens. Our Constitution is an act of political genius and, yes, compromise. Don’t mess with it thinking you can do something better.

All these changes the Left wants like Chemerinsky’s proposal and Biden’s plan to reconstitute the Judiciary branch is because the Democrats don’t like not being in charge. They controlled the Congress and the Supreme Court for so many years with just an occasional pesky Republican president they cannot handle everything not going their way.

Yes, Mr. Chemerinsky is correct. The Constitution could fall prey to his misguided thoughts and the desire of the Left to change and control our government. God forbid.