Change the Constitution, Says Former Supreme Court Justice

Change the Constitution. That’s what former Supreme Court Justice John Paul Stevens advocates in his new book, Six Amendments: How and Why We Should Change the Constitution, which is being released today by Little, Brown and Co. according to an APreport. So, how many amendments is Justice Stevens proposing? The book outlines six specific amendments Stevens believes should be made. Supporters will likely agree, asking, “What is the Constitution, if not a document that was made to be changed with the changing times?”

Suggestions like that by the Gerald Ford-appointed ex-Associate Justice will undoubtedly have strict constitutionalists up in arms while simultaneously drawing applause from those who favor legislation from the bench. Such is the nature of American politics int his day and age. Whichever side you’re on, it’s worth noting that the 94 year old retired justice is by all means suggesting that Americans go through the proper legal and Constitutional channels to bring about the constitutional change he is suggesting.

Some of the highlights of how Justice John Paul Stevens would like to change the Constitution include:

• A constitutional amendment that will allow Congress to force states to conduct gun checks
• Changing the Constitution to amend the Second Amendment to allow for stricter gun control
• Amending the American Constitution to abolish the death penalty
• Changing the Constitution to limit election spending
• Changing the American Constitution to limit the practice of gerrymandering – drawing up electoral districts to favor the party in power

The AP report points out that several of Justice Stevens’ proposals to change the Constitution stem directly from Supreme Court cases in which he wrote the dissenting opinions. These cases include Printz vs UnitedStates, in which the Supreme Court found 5-4 that states could not be required by the federal government to participate in background checks for gun owners and the 2010 Citizens United case, which did away with existing limits on who could contribute to campaign financing and how much they could contribute.

According to a Fox News report, Justice Stevens took a realistic view of the likelihood that his suggestions regarding the Second Amendment would be adopted anytime soon. In Justice Stevens’ words:

“I’d think the chance of changing the Second Amendment is pretty remote. The purpose is to cause further reflection over a period of time because it seems to me with ample time and ample reflection, people in the United States would come to the same conclusion that people in other countries have.”

Proposing that we change the Constitution is nothing new, of course. The Founding Fathers foresaw the need for our governing document to be flexible enough to be changed and included the means by which it could be done. What is the Constitution, if not a document that can be amended? Constitutional change isn’t easy, however. How many amendments are there in the US Constitution? In our 238-year history, only 33 amendments have been approved by Congress and only 27 have been ratified by the states – and that includes ten from the Bill of Rights that were ratified shortly after the US Constitution became the law of the land.

It isn’t even new to propose an amendment to change an amendment. After all, the 21st Amendment, ratified in 1933, repealed the 18th Amendment, which prohibited the manufacture and sale of alcoholic beverages in the United States. Is it unthinkable that a new amendment could repeal all or parts of the Second Amendment, taking away the rights of gun ownership that many Americans hold sacred?

What do you think of Justice John Paul Stevens’ proposals to change the Constitution?