Digest

This podcast episode features Erwin Chemerinsky, Dean of the Law School at UC Berkeley, discussing his book "No Democracy Lasts Forever." Chemerinsky argues that the Constitution, while a brilliant document, contains flaws that threaten American democracy. He highlights issues like the Electoral College, the unrepresentative Senate, and the difficulty of amending the Constitution. He also criticizes the Supreme Court's current decisions, particularly regarding presidential immunity and campaign finance, arguing that the Court has become a political instrument rather than a neutral arbiter. Chemerinsky explores potential solutions to the Supreme Court's problems, including term limits for justices and an ethics code. He acknowledges the difficulty of amending the Constitution but emphasizes the need for reform. He discusses various proposed constitutional reforms, including a national popular vote for president, allocation of Senate seats based on population, and campaign finance limits. He prioritizes eliminating the Electoral College and the unrepresentative Senate as the most essential reforms. Chemerinsky expresses concern about the sustainability of American democracy in the long term, citing the erosion of trust in government and the increasing polarization of the country. He warns of the potential for a split in the country, similar to the European Union, and the need for serious discussion about constitutional reform.

Outlines

00:00:00

Introduction and Sponsor Announcement

This segment introduces the podcast and its sponsor, "Into the Mix," a Ben and Jerry's podcast about joy and justice.

00:01:50

The Constitution's Threat to American Democracy

Erwin Chemerinsky discusses his book "No Democracy Lasts Forever," arguing that the Constitution, while a brilliant document, contains flaws that threaten American democracy. He highlights issues like the Electoral College, the unrepresentative Senate, and the difficulty of amending the Constitution.

00:08:41

The Supreme Court's Role and Its Current State

Chemerinsky discusses the Supreme Court's role in enforcing the Constitution and how its current decisions, particularly regarding presidential immunity and campaign finance, pose a threat to democracy. He argues that the Court has become a political instrument rather than a neutral arbiter.

00:28:31

Addressing the Supreme Court's Issues

Chemerinsky explores potential solutions to the Supreme Court's problems, including term limits for justices and an ethics code. He acknowledges the difficulty of amending the Constitution but emphasizes the need for reform.

00:34:01

Constitutional Reforms and Their Urgency

Chemerinsky discusses various proposed constitutional reforms, including a national popular vote for president, allocation of Senate seats based on population, and campaign finance limits. He prioritizes eliminating the Electoral College and the unrepresentative Senate as the most essential reforms.

00:37:44

The Future of American Democracy

Chemerinsky expresses concern about the sustainability of American democracy in the long term, citing the erosion of trust in government and the increasing polarization of the country. He warns of the potential for a split in the country, similar to the European Union, and the need for serious discussion about constitutional reform.

Keywords

Q&A

• What are the main flaws in the Constitution that Erwin Chemerinsky argues threaten American democracy?

  Chemerinsky identifies several flaws, including the Electoral College, the unrepresentative Senate, the difficulty of amending the Constitution, and the choices made regarding race and slavery.

• How has the Supreme Court become a threat to democracy, according to Chemerinsky?

  Chemerinsky argues that the Court has become a political instrument, making decisions that undermine democratic principles, such as granting broad presidential immunity and limiting campaign finance regulations.

• What are some potential solutions to the problems with the Supreme Court?

  Chemerinsky suggests term limits for justices and an ethics code as possible reforms. He acknowledges the difficulty of amending the Constitution but emphasizes the need for change.

• What are the most urgent constitutional reforms, in Chemerinsky's view?

  Chemerinsky prioritizes eliminating the Electoral College and the unrepresentative Senate as the most essential reforms, although he acknowledges the difficulty of achieving them.

• What does Chemerinsky mean when he says that American democracy is not sustainable in the long term?

  Chemerinsky expresses concern about the erosion of trust in government, the increasing polarization of the country, and the potential for a split in the country, similar to the European Union. He believes that these factors threaten the future of American democracy.

Show Notes