Reprinted with permission from The American Prospect
The barriers to amending the Constitution are so high that I've long thought it pointless to pursue any reform that way. But after four years of Donald Trump, I've changed my mind. In fact, I'm suffering from a bout of what Kathleen Sullivan in 1995 in these pages called "constitutional amendmentitis."
Sullivan—later dean of Stanford Law School—used the term for conservatives' feverish advocacy of amendments in the mid-1990s. The amendments would have, among other things, imposed a balanced federal budget, limited congressional terms, authorized laws banning flag-burning, given the president a line-item veto, and outlawed abortion. It was a good thing those amendments didn't receive the necessary two-thirds approval in both houses of Congress, much less ratification by three-fourths of the states.