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Law

By Self Publishing Titans
No Democracy Lasts Forever: How the Constitution Threatens the United States

No Democracy Lasts Forever: How the Constitution Threatens the United States

by Erwin Chemerinsky

4.0 (27 ratings)
Law

Published

August 20, 2024

Pages

240 pages

Language

English

Publisher

Liveright

Available Formats & Prices

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Kindle

$14.99

Hardcover

$26.99

Audiobook

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About This Book

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.

12 illustrations

Introduction

In a nation built on the ideals of democracy, the integrity and resilience of the United States Constitution come under scrutiny in this thought-provoking exploration. "No Democracy Lasts Forever" challenges readers to reexamine the foundational document that governs America, revealing the potential fissures that threaten the longevity of democratic governance. Throughout history, democracies have risen and fallen, often from internal vulnerabilities within their governing systems.

This book asks critical questions about the durability of the American political framework and invites readers to imagine a future where constitutional reforms create new pathways for preserving democracy.

Key Takeaways

Constitutional structures can undermine democratic sustainability in America. Historical and contemporary examples highlight vulnerabilities in U.S. governance.

Potential reforms could strengthen democracy's longevity in the United States.

Detailed Description

The American Constitution while revered as a beacon of democratic governance faces challenges that question its long-term viability. "No Democracy Lasts Forever" dives deep into the structural aspects of this founding document that could potentially destabilize the political system. The book explores historical instances where constitutional weaknesses have led to unintended consequences drawing parallels to the current state of U.S.

politics.

Standout Features

As the world evolves so must the frameworks that guide democratic principles This insightful analysis delves into the constitutional provisions that while crafted with the best of intentions have occasionally fallen short in addressing modern complexities By examining case studies from history and comparing them with contemporary scenarios the book offers a comprehensive understanding of the risks inherent in the current system.

Book Details

ISBN-10:

1324091584

ISBN-13:

978-1324091585

Dimensions:

6.3 x 0.8 x 9.3 inches

Weight:

1.05 pounds

Specifications

Pages:240 pages
Language:English
Published:August 20, 2024
Publisher:Liveright
Authors:Erwin Chemerinsky

Rating

4.0

Based on 27 ratings

Customer Reviews

Pure partisan propaganda

Protect democracy
September 13, 2024

Chemerinsky is a partisan hack that confuses political disagreement as destroying democracy. This book is akin to a childish rant because court rulings don’t always go Chemerinsky’s way.

Good Ideas With an Inadequate Presentation

Ben Franklin
September 8, 2024

For his next book, I suggest that Prof. Chemerinsky give a detailed proposal for a new US Constitution and explain why each section improves on what is offered by the current amended document from 1787. I agree with him that Amendment X gives a basis for trying to get a national referendum on the new basis for US democracy. Among the obvious issues he fails to address in the reviewed book is whether or not the two party system is a prime cause of contemporary US malaise and would problems be solved by going to a national legislature based on proportional representation where the public votes for a party rather than a local politician. To fix presidential elections, would he advocate a national non party based primary followed by a runoff of the top two candidates? Another important issue, not addressed in this book, is unicameral versus bicameral legislatures. I agree with Jefferson, who is said after arriving home after observing the French going for the unicameral model, to have asked Washington what was the point of having a Senate. He only offers term limits as a sort of check and balance to the Supreme Court. What about clearly defined constitutional limits to its power? The current SCOTUS seems to think it can can make any law and amend the Constitution by a 5 to 4 vote based on cockamamie reasoning. A basic problem in "No Democracy Lasts Forever" is that it doesn't look to the rest of humanity for guidance. When asked in 2012 about a new constitution for Egypt Ruth Bader Ginsburg said, "You should certainly be aided by all the constitution writing that has gone on since the end of World War II. I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012". Proportional representation, unicameral legislatures and well defined court powers have become quite common worldwide. As far as secession, a big topic in the final chapter of the book, maybe having real democracy instead of minority rule, would make everybody think they count and lessen the chance it will happen.

Thank you, GQP.

Paolo
September 8, 2024

all I needed do was to read the 1 star reviews...from the usual right wing echo chambers. Now I know I must read it!!

How one book can change a die hard Republican to an Independent.

CriticalEye
September 6, 2024

Get this -- it was recommended to me by my dearest very conservative friend, so I came to it partly biased and partly in shock! This book is an "easy" read, accessible to anyone with at least a 7th-grade education. It's only 180 pages, 11 Chapters -- perfect for those of us with limited attention spans (or a quick listen if you prefer) BUT wow is it educational and illuminating especially if you're like me and didn't know as much about the US Constitution as I should. What it presents is a blueprint for 1) how our society can get better and 2) what the impediments are that keep us from achieving that goal. It takes the reader on a journey from the late 1700s to today, with concise explanations about how undemocratic we've been from Day One. It shows how truly inventive people can be when they put their minds to discriminating against "others" or when they're solely out for themselves at the expense of everyone else. Only a fool (or someone who didn't read it or who honestly doesn't give a crap about ANYTHING) would be critical with what Chemerinksy has written. He seems like a down-home kind of dude who merely tells it like it is -- "Just the facts, Ma'am". He ain't no big shot condescending Lib, that's for sure. I'm not embarrassed to admit how incredibly ignorant I was about the circumstances behind the formation of the US system of government, who the players were at the time, how and why that system has been exploited/gamed over the decades, and how the lens I've used over the past 33 years to guide my political decision making has been clouded by misinformation spewed by the very people I thought had my best interests at heart. This book helped bring me up to speed -- dispelling the romantic notion I'd had about the Constitution, how I should have regarded it all along as a "Compromise" instead, why it's truly a straitjacket that has brought the US government to a standstill, how it breeds distrust and cynicism, and why it needs to be amended. It opened my eyes and EXPLAINED so many things! I feel as though, finally, I completely understand why this country is in the shape it's in, and why no one person can solve the problems we face. As Chemerinsky points out, it's the rules of the game that have to change. When you take a moment to see it from his eyes, a weight gets lifted from your shoulders. It got me asking why doesn't Fox or CNN focus on this stuff -- it's where the real action lies. I challenge anyone with an honest backbone, curious mind, holding out a concept of fairness, to come up with a legit argument against Chemerinsky's historical presentations and the solutions he describes. Do what I did, and fact check him. I tried but couldn't find any fake news here but I'm open to be corrected on that. This is one of those books that should be essential reading for every junior/middle/high schooler, college frosh, and frankly every American. It's the kinda book that creates a common ground. The only potential danger of it is that in the hands of US adversaries, it's a playbook to undermine us.

Another insane proposal advanced by an increasingly incompetent intellegentsia

Jim
September 1, 2024

The author notes that trusts in our instutions has collapsed since the 60s but offers no real concrete proof that his ideology will restore that. Instead, trust has collapsed so "take us at our word" that we will restore it if you give us political power. Let's disregard the fact that the author is an exceptionally liberal person and the 1960s mark the ascent of LBJs "Great society." Much of what the author has personally supported over his lifetime is directly responsible for the collapse in social, political, legal, and economic norms in this country. No, I submit that if we do need a constitutional reform it should be to curtail the power of the Democrat machine-cities who inflate there representation through illegal immigration and indoctrination. We should permanently subject them to un-incorporated city-zones with a marginal capacity for self-governance but nothing else. If we are going to throw out the existing constituonal order, we might as well do it for something more beneficial to the nation...

Good Read

Verified Purchase
Thomas E. Hirschy
August 29, 2024

Although I do not agree with all of the author’s points, he does a very good job in explaining the constitution. He is repetitive in many of his points. I enjoyed the text about the constitution itself rather than his recommended changes.

Clear, concise and eminently readable

Verified Purchase
Kindle Customer
September 8, 2024

I was intrigued by the book's premise and the book did not disappoint. It provided an easy to follow historical approach to viewing our Constitution's intentions and flaws and how it has contributed to our current national crisis of faith in government. I highly recommend.