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No Democracy Lasts Forever: How the Constitution Threatens the United States Kindle Edition
AS SEEN ON MSNBC's MORNING JOE
A groundbreaking work from one of America’s leading legal scholars, No Democracy Lasts Forever audaciously asserts that the only way a polarized America can avoid secession is to draft a new Constitution.
The Constitution has become a threat to American democracy. Due to its inherent flaws—its treatment of race, dependence on a tainted Electoral College, a glaringly unrepresentative Senate, and the outsized influence of the Supreme Court—Erwin Chemerinsky, the dean of Berkeley Law School and one of our foremost legal scholars, has come to the sobering conclusion that our nearly 250-year-old founding document can no longer hold.
Much might be fixed by Congress or the Supreme Court, but they seem unlikely to do so. One might logically conclude that amending the Constitution would solve the problem, yet logic seldom takes precedent, given that only fifteen of the 11,848 amendments proposed since 1789 have passed. Chemerinsky contends that without major changes, the Constitution is beyond redemption in that it has created a government that can no longer deal with the urgent issues, such as climate change and wealth inequalities, that threaten our nation and the world.
Yet political Armageddon can still be avoided, Chemerinsky writes, if a new constitutional convention is empowered to replace the Constitution of 1787. Just as the Founding Fathers replaced the faulty Articles of Confederation that same year, we must, No Democracy Lasts Forever argues, rewrite the entire Constitution from start to finish.
Still, Chemerinsky goes further than that, suggesting that without serious changes Americans may be on the path to various forms of secession based on a recognition that what divides us as a country is, in fact, greater than what unites us. No Democracy Lasts Forever asserts with exceptional clarity that if the problems with the Constitution are not fixed, we are ineluctably heading toward a crisis where secession is, indeed, possible and where it will be necessary to think carefully about how to preserve the United States as a world power in a very different form of government.
Despite these troubles, Chemerinsky remains hopeful, revealing how the past offers hope that change can happen. The United States has been through enormously challenging and divisive times before, with a civil war and the Great Depression, and Chemerinsky ultimately shows that it may still be possible to cure the defects and save American democracy at the same time.
- LanguageEnglish
- PublisherLiveright
- Publication dateAugust 20, 2024
- File size7.7 MB
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From the Publisher
Editorial Reviews
Review
― Jennifer Szalai, New York Times
"Erwin Chemerinsky’s piercing diagnosis of the state of American democracy centers the U.S. Constitution as the protagonist in the story of its unraveling and dares us to reimagine the document’s core principles and embrace a revolutionary refounding of our country. . . . His audacious blueprint for a constitutional convention merits contemplation by anyone invested in the future of the United States―which should be all of us."
― Janai S. Nelson, president of the NAACP Legal Defense and Educational Fund
"Erwin Chemerinsky, dean of the law school at the University of California, Berkeley, pushes the tradition of constitutional criticism to new heights with No Democracy Lasts Forever. In this brief mix of political commentary and legal analysis, he confidently argues that the time has come to replace the Constitution entirely. His work provides a compelling critique of the current state of American democracy and its foundational document, revealing tensions within the Constitution that are often overlooked by the general public."
― Samuel Goldman, Wall Street Journal
"UC-Berkeley law school dean Chemerinsky (A Momentous Year in the Supreme Court) is a prolific critic of the U.S. legal system. His timely book examines the flaws in the Constitution that he blames for the nation’s current political dysfunction. VERDICT: Chemerinsky’s expertise enhances this examination of the Constitution and benefits readers concerned about the current state of U.S. politics."
― Thomas Karel, Library Journal
"When one of the country’s most distinguished and sober-minded legal scholars argues that the Constitution imperils democracy, Americans should take note. When he further argues that the Constitution is pushing us to the brink of secession, Americans should take action. Erwin Chemerinsky’s No Democracy Lasts Forever offers not only a powerful indictment of the U.S. constitutional system but also a clarifying call to remake our supreme law before it’s too late."
― David Pozen, Charles Keller Beekman Professor of Law, Columbia Law School
"Chemerinsky soberly proposes that Americans should think about forms of secession... [He] lays out his argument in a methodical and compact way."
― Mary Wisniewski, NewCity Lit
"The book works as a kind of legal-scholarship companion to last fall’s Tyranny of the Minority, by Steven Levitsky and Daniel Ziblatt, which employs a political scientist’s lens to analyze many of the same issues . . . Both books identify a similar set of problems: that the counter-majoritarian protections originally designed to foster compromise and unity, including the structure of the U.S. Senate and the Electoral College, now reinforce polarization and gridlock. But while the authors offer some suggestions for how things might improve, all acknowledge that changing the Constitution would require the assent of those who currently benefit from those flaws ― an unlikely prospect."
― Amanda Taub, New York Times, "The Interpreter" newsletter
"Magnificent as the Constitution is, argues Erwin Chemerinsky, it also has great flaws that ultimately may bring about the collapse of the American experiment...No Democracy Lasts Forever is a powerful and profound work of scholarship and reasoning that raises questions worth the attention of all thinking Americans."
― Ellis Cose, author of Race and Reckoning
"Dean Erwin Chemerinsky makes crystal clear how original defects in the U.S. Constitution have combined with judicial decisions to cement minority rule rather than democracy. As a result, majority-backed gun control, reproductive rights, and remedies for racial inequality are nonstarters. This book offers specific reforms that could be adopted even within the current framework. . . . No Democracy Lasts Forever is must-reading for anyone who cares about this nation and its future."
― Martha Minow, former dean, Harvard Law School
About the Author
Product details
- ASIN : B0CJGYQNY2
- Publisher : Liveright (August 20, 2024)
- Publication date : August 20, 2024
- Language : English
- File size : 7.7 MB
- Text-to-Speech : Enabled
- Screen Reader : Supported
- Enhanced typesetting : Enabled
- X-Ray : Enabled
- Word Wise : Enabled
- Print length : 232 pages
- Best Sellers Rank: #221,527 in Kindle Store (See Top 100 in Kindle Store)
- #30 in Constitutions (Kindle Store)
- #40 in Constitutional Law (Kindle Store)
- #115 in 21st Century History of the U.S.
- Customer Reviews:
About the author

Erwin Chemerinsky is the Dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkeley School of Law. Prior to assuming this position he was the founding dean of the University of California, Irvine School of Law, and a professor at Duke Law School, University of Southern California Law School, and DePaul Law School. He is the author of 12 books and over 250 law review articles. He is a contributing writer for the Opinion section of the Los Angeles Times, and writes regular columns for the Sacramento Bee, the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States. In January 2021, he was named President-elect of the Association of American Law Schools.
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Customers find the book informative and well-written. They find it clear, concise, and a great read that does not disappoint. However, some readers feel the Constitution is flawed and has caused problems throughout history.
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Customers find the book informative and insightful. They appreciate the author's clear explanation of the Constitution and flawed electoral system. The book provides fact-based historical insights and offers thought-provoking ideas. Readers describe it as a must-read that provides an easy-to-follow historical approach to viewing the Constitution's intentions.
"An outstanding work on the failings of the American Constitution...." Read more
"I rated No Democracy last forever a 5 star because it touches on many historical facts. After this election cycle this book was perfect timing...." Read more
"...Dr. Chemerinsky provides essential and fact based historical insights, identifies the problem and offers hope in the form of practical solutions...." Read more
"This is knowledge every American should have. It’s a must read. Changes will be needed to strengthen the Union." Read more
Customers find the book clear and concise. They say the author succinctly lays out the key points.
"...The author succinctly and compellingly lays out the six or so crucial deficiencies that have brought about the obvious disfunction of our..." Read more
"The pitfalls and failures of our constitution are detailed in very readable, though a bit redundant, text. Well worth reading" Read more
"The book is well written, well supported by a reputable individual...." Read more
"Clear, concise and eminently readable..." Read more
Customers find the book readable and engaging. They say the premise is compelling and the book doesn't disappoint.
"...This is an excellent book but it did not leave me very hopeful about meaningful change in the near future." Read more
"This is knowledge every American should have. It’s a must read. Changes will be needed to strengthen the Union." Read more
"I was intrigued by the book's premise and the book did not disappoint...." Read more
Customers dislike the constitution. They mention it's not perfect and has flaws.
"...deficiencies that have brought about the obvious disfunction of our Constitutional system." Read more
"...In short -- I agree our Constitution is not perfect, but 250 years of testing found it reliable and workable...." Read more
"Our Constitution is and always has been flawed...." Read more
Top reviews from the United States
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- Reviewed in the United States on November 16, 2024An outstanding work on the failings of the American Constitution. The author succinctly and compellingly lays out the six or so crucial deficiencies that have brought about the obvious disfunction of our Constitutional system.
- Reviewed in the United States on December 12, 2024I rated No Democracy last forever a 5 star because it touches on many historical facts. After this election cycle this book was perfect timing. Country is divided but there are answers to understand each other perspectives and find common ground.
- Reviewed in the United States on October 25, 2024The pitfalls and failures of our constitution are detailed in very readable, though a bit redundant, text. Well worth reading
- Reviewed in the United States on November 5, 2024This book raises some very important questions in a time of uncertainty. The divisions in the country and the breakdown of trust stem primarily from the Constitution itself. Having been written at a time when the framers distrusted democracy and were not representative of the majority of the people, (only white men, not women, Blacks, or Native Americans were allowed to participate in the system) it was written for those white men. From the severely restricted franchise to a senate based not on population which unfairly represents states with a small population, to a Supreme Court which has very little accountability, to the electoral college which invalidates the concept of one man one vote, our system is in big trouble. As the population has grown, so have the problems that it spawned. And the problems do not end there. The filibuster in the senate has come to mean that minorities control the body and gerrymandering has rendered the House completely unrepresentative in many states. Add to those things, the fact that the amendment process is nearly impossible.
The author presents the solutions for these issues but acknowledges that none of the solutions are easy and it may be impossible to implement them peacefully. It is possible to call a constitutional convention but that in itself is extremely difficult and even if possible, no one knows what kind of document we might end up with. We could pass amendments to overturn some of the more atrocious court decisions like Citizens United or the Dobbs Decision but the process is extremely difficult. In some cases, legislation could alleviate some of the problems but with the filibuster, even that is nearly impossible in a country where the parties are so far apart in their beliefs.
This is an excellent book but it did not leave me very hopeful about meaningful change in the near future.
- Reviewed in the United States on September 26, 2024As a kid I used to pore over atlases, particularly the maps of US states, and assume that each county would have 2 state senators the way each state has 2 US Senators. This was before I knew about Reynolds v. Sims, the 2nd or 3rd most important case decided by the Warren Court, which foreclosed such an absurd result by ensuring that every district in the same house of a state legislature would have roughly equal population. This is of course not the case in the US Senate. We can't even get there by amending the Constitution, as Erwin Chemerinsky points out early in "No Democracy Lasts Forever," because the US Senate's rendition of states rather than individuals as equal parties for representation was expressly placed beyond amendment in the original Constitution.
Do we want this state of affairs to continue? The interests of states are of course placed above those of individuals every time a state (through a jury) criminally convicts an individual; but do we want states to count above individuals in the field of everyday representation? If not it is really unnecessary to address the points Chemerinsky makes in the rest of the book. A new Constitution is required to ensure one person, one vote. If the US wants to be congruent with most other democracies it should either have a unicameral legislature (as Nebraska already does) or emasculate the Senate (for example as the UK did its upper house with the Parliament Act 1911).
Every country is of course exceptional in the sense of having a unique national character (well almost unique, Israel's matches ours in more ways than I can count) so what's wrong with American exceptionalism? Was Justice Scalia really wrong when he says the US should be exceptional or we would have to jettison things like the exclusionary rule (if not the whole of the Fourth Amendment)? That may be the best defense of American exceptionalism I have ever read.
The question is should a country be exceptional in ways that are in conflict with its publicly expressed values? Russia is not for example in the sense that it publicly expresses the value of collectivism (the whole over the parts; see Putin's written expression a few years ago of Russia's national values). The United States publicly expresses the value of the individual to be the supreme value. However, for most of our history people were willing to kill to ensure that states' rights would be supreme over those of individuals (which is how we retained slavery and created Jim Crow). The one time a large portion of our people were willing to themselves die for this idea the military KIAs alone amounted to 2% of our population at the preceding national census. Nobody was COUNTING the civilian deaths which is why we don't really know how many people were killed by the Civil War.
By not prohibiting things like partisan gerrymandering, life tenure of all members of the judiciary and the Senate filibuster (which Chemerinsky tells the story of at a length and with a detail I've never seen before), the United States Constitution ensures the US will not only be exceptional but will not live up to the values expressed by the Warren Court, whose legacy is probably the greatest issue in American politics today. The Warren Court was a unique moment in American legal history where the Constitution was interpreted to maximize individual liberty. With this book Chemerinsky has finally realized that there can't be a conservative assault on the Constitution itself (as he argued in the title of a previous book) because the Constitution is the perfectly adapted weapon for conservatives' assault on everyone else. Five stars.
- Reviewed in the United States on September 17, 2024The first part of the book presents nothing new on the problems with the constitution--the electoral college and the Senate are anti democratic as are the filibuster and partisan gerrymandering. The discussion of the Constitution's sanction of slavery is extensive particularly as it went by the wayside almost 160 years ago. The discussion of the possible path to reform is interesting and sometimes novel such as the suggestion that the Supreme Court could find the electoral college to be unconstitutional.
- Reviewed in the United States on December 5, 2024In this work, Chemerinsky reviews a number of deep flaws in the constitutional system that keeps the federal government running -- problems made worse by the willingness of the Supreme Court majority to selectively apply "originalist" readings when it suits them (and not in other cases) and to erode the system's democratic credentials. The author rightly explains that we may have to call a new national constitutional convention to propose amendments onto the states for ratification, because it has become impossible to get even simple no-brainer amendments through both chambers of Congress by two-thirds majorities in the House and Senate. This book, like several other recent works, calls on us to stop focusing on sensational individual personalities and looking for fixes in extremist leaders -- and realize that the structural flaws at the heart of the system are the root causes of the nation's ills.





