{"version":"1.0","type":"rich","provider_name":"Acast","provider_url":"https://acast.com","height":250,"width":700,"html":"<iframe src=\"https://embed.acast.com/$/9a03fe9e-1ff0-4dcc-b3f6-50bd1f016ea4/faac3f85-7c7a-41b9-8b6f-9d5f809df281?\" frameBorder=\"0\" width=\"700\" height=\"250\"></iframe>","title":"Talking Politics Guide to ... the US Constitution","thumbnail_width":200,"thumbnail_height":200,"thumbnail_url":"https://open-images.acast.com/shows/6195701f2eacc3a36070252a/619570bccb3c660012e3d2d8.jpg?height=200","description":"<p>David talks to Gary Gerstle about the history of the United&nbsp;States Constitution and its current role in American political life.&nbsp;Is&nbsp;it still fit for purpose in the twenty-first century and what could be&nbsp;done to change it?</p><p><br></p><p><strong><em>“American democracy is stuck, but because of the Constitution it also has a history of getting stuck.”</em></strong></p><p><br></p><p><strong>Talking Points:</strong></p><p><br></p><p>The Constitution not only divided power between the federal government and the states; it also gave each level of governance a different theory of power.</p><ul><li>The Constitution strengthened the power of the central state—this was necessary for the fledgling country to take on larger challenges.</li><li>But Americans were wary about centralized power. Their solution was the enumeration of powers: the federal government would only have those powers explicitly stated in the Constitution.</li><li>Non-enumerated powers remained in the hands of the states, which have, historically, legislated far more intrusively than the federal government.</li></ul><p><br></p><p>The biggest changes to the Constitution are not through amendments but through interpretation and practice.</p><ul><li>Amending the Constitution is extremely difficult.</li><li>Commentators often identify the Civil War as a constitutional inflection point. After the war, the Constitution was amended to abolish slavery (13th amendment) and protect the rights of citizens&nbsp;(14th and 15th amendments).</li><li>But in the years that followed, the states successfully clawed back many of the powers they had been forced to relinquish. As a result, the force of the civil rights amendments was not felt until the 1960s when the Warren Court effectively imposed the Bill of Rights on the states.</li></ul><p><br></p><p>The 1960s saw a split between those who believed in originalism versus the living constitution.</p><ul><li>The Democrats say that the Constitution only works in a radically changing society if you interpret it liberally, in a living sense, for every generation.</li><li>The conservatives say that the Constitution must be interpreted according to what the founding fathers intended.</li><li>The root of the conflict between Democrats and Republicans is over the proper use of federal power.</li></ul><p><br></p><p>Today, federal paralysis means that there is a resurgence of activity on the state level.</p><ul><li>With a conservative court, the states could even become the vanguard of the progressive movement.</li><li>In the post-Civil War, post-Warren court era, federalism may be able to work in a way that it never could before.</li></ul><p><br></p><p><strong>Further Learning:</strong></p><ul><li>Gary Gerstle’s <a href=\"http://www.garygerstle.com/liberty-and-coercion/\" target=\"_blank\">fascinating book about American governance</a></li><li>Gary and the panel r<a href=\"https://www.talkingpoliticspodcast.com/blog/2018/124-midterms-special\" target=\"_blank\">ecap the 2018 U.S. midterm elections</a></li><li>How did<a href=\"https://www.economist.com/briefing/2018/09/15/how-americas-supreme-court-became-so-politicised\" target=\"_blank\"> the U.S. Supreme Court get so polarized</a>?</li><li>More on <a href=\"https://www.nytimes.com/1964/09/27/archives/the-warren-court-stands-its-ground.html\" target=\"_blank\">the Warren Court</a> and where it stood on the issues</li></ul><p><br></p><p><strong>And as ever, recommended reading curated by our friends at the LRB can be found here: </strong><a href=\"http://lrb.co.uk/talking\" target=\"_blank\"><strong>lrb.co.uk/talking</strong></a></p><p><br></p><p><strong>Set your alarm clocks… </strong>next week, Diane Coyle talks to David about economic well-being. What do the statistics miss and how has the digital revolution affected our quality of life?</p>","author_name":"David Runciman and Catherine Carr"}