To the Editors, New York Times:
The impossible constitutional amendments called for in the column, “Our Imbecilic Constitution,” May 29, 2012, p. A21, reflect one author’s dismay upon reviewing the disturbing shortcomings of our current national government.
Salutary changes can immediately be made by us, however, without constitutional amendments. It should be recognized, for example, that the Senate’s crippling “filibuster” rule is probably unconstitutional and is obviously susceptible to immediate repudiation by majority vote in the Senate.
It should also be recognized that routine review by the Supreme Court of Acts of Congress for their constitutionality was never provided for by the Constitution of 1787, a constitution which permits comprehensive Congressional control of this country’s economy. It should be recognized as well that much is to be said for once again requiring properly-debated Congressional declarations of war before any more wars are undertaken by the United States.
George Anastaplo is Professor of Law, Loyola University of Chicago (www.anastaplo.wordpress.com). He is the author of The Constitution of 1787: A Commentary (Johns Hopkins University Press).