Jefferson’s Suggestion: Should the US Constitution be Reviewed and Revised Every 19 Years?

Thomas Jefferson, the third President of the United States, suggested in a 1789 letter to James Madison that constitutions and laws should be periodically reviewed and revised. His rationale was rooted in the belief that each generation should have the freedom to govern itself without being overly bound by the decisions of the past. This idea, however, has not been widely embraced, primarily due to concerns about stability and continuity.

USA’s Constitutional Framework

While countries like the United Kingdom do not have a written constitution, the United States does. This document, which outlines the structure and powers of government, has existed since 1787 and recently celebrated its 235th anniversary. Its aim was to create a stable and structured form of government that could evolve over time to meet the changing needs of the country.

Over time, it has become apparent that the Constitution can sometimes hinder progress and democracy. For instance, the current constitution makes it extremely difficult to amend or abolish certain provisions, which can prevent the effective resolution of contemporary issues. In a rapidly changing global environment, where societal values, demographics, and technological advancements have transformed the landscape, a more flexible and adaptable constitution becomes increasingly necessary.

Statue Quo and Flexibility

One of the inherent flaws of the current constitution is the concept of the “status quo.” Because many of its provisions were set in place in the 18th and 19th centuries, they often fail to address modern-day issues effectively. For example, the current presidential pardon process suffers from this rigidity. According to the Constitution, if President Trump were to pardon himself, it would be deemed legal, as the document does not explicitly forbid such an action.

In an ideal scenario, where the constitution was less rigid, the public could more easily demand and implement changes that reflect current societal norms and values. Jefferson’s idea suggests that a constitution should be reviewed every 19 years (approximately the average lifespan of a generation at the time of his writing) to ensure that it remains relevant and serves the best interests of the people.

Contemporary Challenges

Despite Jefferson’s noble intentions, the reality is that the current political landscape in the United States presents significant obstacles to his vision. The concept of gerontocracy, where older individuals holding power are reluctant to relinquish it, poses a major challenge. For example, when former Senator Diane Feinstein, who held her position for over a decade, passed away in office, her death was celebrated by her successor, Gavin Newsom, who then appointed a new senator without a public election.

Even the appointment of Supreme Court justices is subject to political maneuvering. Ruth Bader Ginsberg’s death in office allowed for a new justice to be appointed by a different president, further eroding the idea of generational change as Jefferson envisioned it. Additionally, the recent decision by Joe Biden to run for re-election despite the onset of dementia demonstrates how the status quo continues to prioritize individual power over the will of the people.

Conclusion and Reflection

While Thomas Jefferson’s suggestion provides a valuable perspective on the need for periodic constitutional review, the practical challenges of gerontocracy and political inertia indicate that implementing such a system would be extremely difficult in today’s political climate. Nevertheless, the idea of a flexible and adaptable constitution continues to be an important topic of discussion for ensuring that the foundations of the United States can withstand and adapt to the changing world.

References

For further reading and a deeper understanding of Thomas Jefferson’s ideas and the current state of the US Constitution, the following sources are recommended:

Jefferson, Thomas. A Letter to James Madison (1789). Foran, Mary Beth. Thomas Jefferson and the Role of Constitutional Amendments. Brookings Institution. (2017) Haynes, Colleen. The Status Quo in American Politics: Implications for Constitutional Change. University of Virginia. (2021)