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Sanford Levinson
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Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) 1st Edition

by Sanford Levinson (Author)
4.2 4.2 out of 5 stars 80 ratings
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The Constitution is one of the most revered documents in American politics. Yet this is a document that regularly places in the White House candidates who did not in fact get a majority of the popular vote. It gives Wyoming the same number of votes as California, which has seventy times the population of the Cowboy State. And it offers the President the power to overrule both houses of Congress on legislation he disagrees with on political grounds. Is this a recipe for a republic that reflects the needs and wants of today's Americans?

Taking a hard look at our much-venerated Constitution, Sanford Levinson here argues that too many of its provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today.

Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
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  1. ISBN-10
    0195307518
  2. ISBN-13
    978-0195307511
  3. Edition
    1st
  4. Publisher
    Oxford University Press
  5. Publication date
    September 28, 2006
  6. Language
    English
  7. Dimensions
    9.3 x 1 x 6.3 inches
  8. Print length
    248 pages
  9. See all details
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Editorial Reviews

Review

"Levinson's critical discussion of the founding document is bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals. Levinson has valuably shown that parts of America's founding document are seriously flawed, and he has demonstrated that both representatives and citizens should treat the document not with "sanctimonious reverence" but as the revisable product of fallible human beings."--Cass R. Sunstein, The New Republic

"Admirably gutsy and unfashionable."--Michael Kinsley, The New York Times Book Review

"Levinson locates the flaws of the system in America's founding document itself--the Constitution. His book is compelling because of [his] breadth of erudition and his willingness to propose solutions to the flaws he perceives."--John O. McGinnis, The Wall Street Journal, Northwestern University School of Law

"Everyone who cares about how our government works should read this thoughtful book."--Washington Lawyer

"Sanford Levinson's irreverent tour reveals the subtle and not-so-subtle ways our Constitution blocks the responsible practice of democratic government. We ignore his critique at our peril."--Bruce Ackerman, Yale Law School

"Sanford Levinson is the most imaginative, innovative and provocative constitutional scholar of our time. His new, sharp critique of the Constitution makes for bracing reading and forces us to confront what we really think of the Constitution. Every American needs to read this book and see if he or she agrees with Levinson that it is necessary to abandon the Framer's work and adopt a fundamentally new system of government. This work cannot be ignored."--Walter Dellinger, O'Melveny & Myers, Former Acting Solicitor General of the United States

"In an ideal world, every citizen would read this book and ponder the profound issues it raises about how to achieve democracy in our republic. As Socratic in spirit, as it is engaging in style, this is a marvelous guide to the pros and cons of democratic reform. Take up its invitation to look freshly at institutions you have taken for granted."--James Fishkin, Stanford University

"Few scholars are in the same league with Professor Sanford Levinson when it comes to raising provocative questions about the Constitution and conventional modes of interpreting its provisions. Whether one agrees or disagrees with his analyses and prescriptions is largely beside the point; what matters is that he forces readers to think about dimensions of constitutional questions that ordinarily go unnoticed. In Our Undemocratic Constitution, Professor Levinson is at his thought-provoking best."--Robert P. George, Princeton University

"A lucidly written and compelling work, Our Undemocratic Constitution asks hard questions about the nature of our founding document. Levinson, who is one of the nation's leading constitutional scholars, argues here that much about the Constitution stands in need of dramatic change. This is a timely and important book, and our country would benefit if its ideas provoked real debate."--Elena Kagan, Dean, Harvard Law School

Book Description

A bold reassessment of the constitution and its success in promoting democracy

Product details

  • Publisher ‏ : ‎ Oxford University Press; 1st edition (September 28, 2006)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 248 pages
  • ISBN-10 ‏ : ‎ 0195307518
  • ISBN-13 ‏ : ‎ 978-0195307511
  • Item Weight ‏ : ‎ 1.07 pounds
  • Dimensions ‏ : ‎ 9.3 x 1 x 6.3 inches
  • Customer Reviews:
    4.2 4.2 out of 5 stars 80 ratings

About the author

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Sanford Levinson

Sanford Levinson

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Sanford Levinson holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law at the University of Texas Law School. His is the author of over 200 articles in professional and more popular journals, and has written numerous books.

Customer reviews

4.2 out of 5 stars
4.2 out of 5
80 global ratings

Top reviews from the United States

Brian Mulconrey
5.0 out of 5 stars Written In The Spirit of Thomas Jefferson
Reviewed in the United States on November 5, 2006
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Great book! I just devoured it in a few hours. Levinson reminds us that at the age of 73, Thomas Jefferson noted that "some men look at constitutions with sanctimonious reverence and treat them like the Ark of the Covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment." Jefferson also suggested that we should "think about" revising the constitution about every 19 years to coincide with the arrival of a new generation.

After reading this book I had a palpable sense that our Founding Fathers would be disappointed in our stewardship of their remarkable work. Instead of worshipping the Constitution, we're responsible for maintaining it - during their lifetimes they actively amended the Constitution but they can't do that anymore.

Today, as we ask Supreme Court justices to extract 21st century meaning from 18th century passages, it helps to have courageous visionaries like Sanford Levinson remind us that "We" are still "the People."
32 people found this helpful
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Judy Erde
5.0 out of 5 stars More Frightening Now: It Ain’t Just Theory
Reviewed in the United States on August 1, 2019
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Although written before our current problems with elections, officials’ legally questionable actions and failures are shown to be latent in the structure of the Constitution. They were lurking in wait and now haunt us severely. This well written book would have been scary when it came into print. It is now more frightening since we can identify the damage and suffering it shouted about.
4 people found this helpful
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Plumb
4.0 out of 5 stars An unfinished work
Reviewed in the United States on December 15, 2012
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Echoing other positive reviewers, I found the book well-written and thoughtful despite the fact that I don't agree with all Professor Levinson's specific criticisms of the Constitution nor some of the changes he indicates he would favor. It does seem clear that it is past time to evaluate the work of the Founding Fathers and make changes based on our real-world experience with their handiwork. My main disappointment is that Professor Levinson evidently gave up. The last entry on the blog he references in the book is in 2008. No groundswell arose for a Constitutional Convention which he hoped for in 2008, so that's it? A bit of a let-down.
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Mike Silva
5.0 out of 5 stars A difficult but very important read for anyone who truly believes in the democratic process.
Reviewed in the United States on May 9, 2014
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the author presses hard for what is seemingly but quite necessary, that is, a constitutional convention to fix the Constitution where he clearly shows that it is out of whack.
One person found this helpful
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Jim Bruner
3.0 out of 5 stars There is another reason why the Constitution goes wrong
Reviewed in the United States on June 1, 2014
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As another reviewer wrote, the problem with the book may be that it was written by a lawyer in the style of law-school teaching. I recommend another book, Life Without Lawyers, by Philip K. Howard. At a "town hall" conducted by my state senator a few years ago, I told her that the state legislature would be much improved if every member had an engineer (like me, of course) at his/her elbow. The U.S. Constitution was a good (but highly imperfect) start in 1789, but subsequent generations of lawmakers have since ruined all that was initially good about it and added more stuff that is imperfect at best. Every one of those lawmakers had a bunch of lawyers (and lobbyists) at his/her disposal, but paid little or no attention to scientists, engineers, logisticians, or any other professionals who weren't tainted by the presence of a lawyer on a corporate retainer (either officially or covertly).
Levinson wrote another book: Framed: Our 51 constitutions and the Crisis of Governance, and he again missed the point, which IMHO is that no state constitution is aligned with any other constitution. None of them is worth a hoot, anyway, because the lawyers have screwed them all up at the bidding of the richest 1%. The American people in general are a flock of sheep waiting to be shorn.
2 people found this helpful
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Brandon
5.0 out of 5 stars Text book
Reviewed in the United States on January 29, 2014
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I wish it had the afterword in it. I used it as the textbook for my polo sci class. Great book.
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James F. Chase
1.0 out of 5 stars Constitution or Condemnation?
Reviewed in the United States on February 11, 2010
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This book was merely a reactionary's response to the presidency of George Bush and his utter disdain towards the Republican party. To his credit, Levinson rather unabashedly admits as much. Before purchasing this book, the reader should consider this question: Would I consider a book by Glenn Beck to be a legitimate text that is required reading for a class on the Constitution? How about Bill O'Reilly?
Levinson does pose some interesting and valid points but to the objective or conservative reader the constant Bush bashing makes getting through this book a grueling experience.
14 people found this helpful
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Karen L. Vandusen
5.0 out of 5 stars Thought provoking...
Reviewed in the United States on April 7, 2007
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Eveyone, especially those who live in densely populated states, should read this book. The author does a great job of getting his readers to think about the Constitution rather than just accepting it as the best way to run a democracy.
6 people found this helpful
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Top reviews from other countries

Mr John Hodgson
5.0 out of 5 stars The need for reform
Reviewed in the United Kingdom on November 3, 2020
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I learnt a lot from the book , as a British reader first influenced by the making of the president. I also believe all the issues are relevant , as concerns a democratic government with meaningful roles for the legislature, the executive and the executive. As another starting point, I would suggest focusing on why the separation of powers was embraced in the eighteenth century. In a time of corvid19, the illusory, but also ethical, nature of political choice , demands debate. As also the call to a hopefully neutral science which is sadly lacking.
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Mystery Shopper
5.0 out of 5 stars Fascinating
Reviewed in the United Kingdom on August 30, 2013
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I was greatly impressed by Levinson's evident passion and admiration for the US Constitution, whilst seeking to argue its flaws. Levinson discusses problems with the Article V amendment process, Presidential fixed terms, and Judicial Appointments among others.

Levinson's historical analysis shows that many of his same criticisms were made when the Constitution was being drafted. But there was far less concern with its flaws in 1787. After all, it was a document designed to last no greater than 19 years (Jefferson), drafted for a population a hundred times smaller than today.

Particularly useful for me (writing a dissertation on comparative constitutional theory and practice - between British flexibility and American rigidity) were Levinson's 'American observations' on British law and politics, providing practical examples of where and how the British Constitution (rather surprisingly) provides greater democratic protection than its American counterpart. All in all, an excellent read.
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