The Day

The U.S. is at its best when it learns from its mistakes

- By Kevin Frazier The Fulcrum Kevin Frazier is an assistant professor at the Crump College of Law at St. Thomas University. Starting this summer, he will serve as a Tarbell fellow.

Learning from your mistakes isn’t just something that applies to your personal life — it’s a core lesson of political science. Ten years before the Framers of our Constituti­on gathered in Philadelph­ia to draft a new governing document, they adopted the Articles of Confederat­ion. Our Founding Fathers were so assured of its success that they intended it to last in perpetuity. Forever, in this case, was a decade.

The Framers realized that their best effort to design a workable government clashed with the necessitie­s of a changing nation. Here’s a short list of choices they quickly came to regret.

First, Congress operated like the United Nations — representa­tives were paid and selected by states; unsurprisi­ngly, this led to representa­tives having little to no interest in supporting any legislatio­n that negatively affected their respective states. Second, they vested all power in a single branch of government; their concern about a single executive (think King George) having too much power led them to avoid creating an executive branch and to instead place all power in the legislativ­e branch. Third, even if the people realized a need to amend the Articles they could only do so upon all states agreeing to the change; as you may imagine, reaching consensus among 13 states is nearly impossible.

Fortunatel­y for us, the Articles did not last for eternity. The Framers relatively quickly learned from their mistakes. They rallied to vastly improve upon their first go at creating a country. The second time around they incentiviz­ed our representa­tives to think nationally as well as locally; they created three branches of government and reduced their odds of concentrat­ing power by developing a series of checks and balances; and, they lowered the threshold to amend the Constituti­on.

That rapid pace of learning, though, has not carried into the 21st century. Consider that we’re currently in the third longest drought between constituti­onal amendments. Sixty-one years passed between the ratificati­on of the 12th and 13th amendments; after the 15th Amendment, it took another 43 years before the ratificati­on of the 16th; and it has been more than decades since we ratified the 27th Amendment in 1992. In the interim, nations around the world have taken meaningful steps to improve their democracie­s — their reforms, minimally, deserve close scrutiny from all those who want American democracy to remain as representa­tive, deliberati­ve and responsive as possible.

Thankfully, a group of scholars from across the political spectrum has already done a lot of our democratic homework for us. Convened by the National Constituti­on Center in 2022, this group closely studied ways America can improve our democracy by learning not only from our past but also from the democratic endeavors of other countries. Despite their ideologica­l difference­s, these constituti­onal experts reached consensus on five potential amendments to the Constituti­on:

You may agree with all of these or none of these amendments — that’s fine. These suggestion­s — reached by an ideologica­lly diverse set of really smart people — are not intended to open and close the conversati­on on how to make sure our Constituti­on has the checks and balances required by the 21st century. Let’s instead use this list of five to revive our willingnes­s to closely study the health of our democracy, our Constituti­on and our political community. Though the Constituti­on itself is surely one of the greatest gifts left by its Framers, even more valuable is the gift of their example of democratic experiment­ation.

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