Why isn’t the American constitution modernised?

Question

Because let’s be real it’s very outdated. Even Thomas Jefferson said it should be amended every 20 years to adapt to modern government and society. Which makes sense. Times and society are radically different to 200+ years ago.

So in all honesty is should be amended to modernised your better reflect modern society.

If it is how you would you modernise it? What would you amend?

RavVid · Accepted Answer

StormMistress you know how hard it is to change the Australian constitution. Referendum require a majority of the people and a majority in a majority of states. Usually they fail on the later.

Its a bit different in the US as comms were slower back in 1787. Two thirds vote in each house of congress that is supported by three quarters of state legislatures. Constitutional Conventions could be called but never have been for amendments. Obviously a lot more difficult than Australia. Impossibly so you could say.

So it is tough for the US. The 27th amendment was passed by congress in 1789 but only got the required state backing in 1990 - 202 years later on.

Originally there were 13 states but now there are 50 states so I would think that is another hurdle.

As an Aussie you might well think it is a bit FITH. But you need to reflect that in 1787, Oliver Cromwell's Roundhead Republic back in jolly old England was still within living memory. The Stuart Kings were still banging on about the divine right of Stuarts till 1688 when they were kicked out by the English Glorious Revolution. It was also fairly easy to stack parliament by giving members nice cosy well paid sinecures so they were loyal to the monarch who paid them the doss. The French Revolution was going to kick off in 1789 and doubtless there were audible rumblings before hand.

So the US 1787 constitutional framers had a fair bit to cover off and they produced the first modern constitution and -without checking- the first written one. One good enough for Australia to pinch quite a bit of in our own.

I am guessing abortion rights is in your mind. But reflect that in the US you get to choose from 49 other states if you don't like the laws in the state you currently live in.

FINAL fun fact. Oliver Cromwell's head was finally interred in 1960, 299 years after he was posthumously executed by Charles II (without a trial to boot). So we can say he was semi forgiven in 1960 except by the Irish who never will.

Telekinetic-Potato · Accepted Answer

LOL of we touched the constitution right now it would be so bad.

But if I could be dictator of America for a presidential term, I would add an ammendment that let's people have control over what they put in their bodies. Something that defines what's necessary for the government to say, "you need to put this in your body"

I would amment the second ammendment to say that the right to keep and bear arms is natural to all citizens in good standing with their peers. (in my opinion, the best thing we do with gun control is require references.)

Also, I'd put an ammendment in that says that police officers can't be sued because of a crime they failed to prevent. (like a dui car crash) it would say something like that.

Also, there would be something in there about Healthcare reform. Personally, I think the companies get penalized too harshly in certain ways, and that's what breeds the lying, heartless bastards who run that industry now.

Moonshae · Accepted Answer

It's written to stand for all ages. A foundation for our country. There has been changes over the years but not likely any major change.

Snsl153 · Accepted Answer

Yes, we could start by chucking out the utterly stupid Second Amendment!

OlderAndWiser · Answer

The needed structure for effective governance has not changed in 232 years and I think the Constitution is a great document as it currently exists. We have a process for amendments, when needed, and that process has been used 17 times since 1789.

The fact that we have smart phones and TikTok does not mean the Constitution is outdated.

Avicenna · Answer

You don’t say exactly how you think it’s outmoded, although you presumably would do away with the Second Amendment, but the rights given by the Constitution are definitely not outmoded, nor is the federal structure of the government- the US is simply too large to be ruled by a unitary Parliament.
There is, however, a process for amending the Constitution. Basic freedoms and protecting them is definitely not outmoded. A legal framework government structure and a basis for ongoing lawmaking is also not outmoded, especially since there are plenty of people who would love to take your basic freedoms away.

Many of us in the US are shocked at how totalitarian the Australian government was with its COVID camps. Some in the US would have been happy to do the same. Did your COVID camps violate your Constitution?

Lionman95 · Answer

What makes you think it´s outdated? The constitution itself might seem short but it´s the common ground all people in the country can stand on. Sure that´s not representing every part of American society but things gonna get complicated if you want to implant new social arrangements or what ever in there.

But you could the same of the Australian constitution and the whole Commonwealth system and now one is doing it because people seem to be pleased with it.

Oigit · Answer

It's a nice idea. If it was possible to get people to drop their My Way Or The Highway attitude when it comes to politics and various social aspects of the US, Jefferson's idea might be possible. But we are long past the point of many people on all sides of any given political or social topic are willing to drop their attitude and work towards a compromise.

slatyb · Answer

The main problem is that voters in rural states have far more political power than voters in highly populous states, particularly in the Senate but also in the electoral college. That’s going to be impossible to change because the rural states would have to agree, and they have no reason to do that.

Dargil · Answer

I would repeal the 17th amendment. You can look it up.

I would have a Balanced Budget amendment to the constitution.

I would have an amendment hard wiring West Virginia vs. EPA. Only elected legislators should make law. Not unelected bureaucrats like the EPA.

ManOnFire · Answer

Uhhhhhh you're Australian. Why are you concerned?🤨

AmeerX · Answer

I am not an American but let me put it this way.

60 years ago the Harley Davidson motorcycle user manual showed us how to properly adjust valve clearance and today the manual states, not to drink fluid inside of the electric battery.

Clearly, ppeople may think they are modern and smart but the intelligence level of the masses has not increased as much as we pretend

motownplayer2000 · Answer

I wouldn’t touch the concepts, per say, just the verbiage that is in it. Like guns I wouldn’t take people’s right to own a gun away, however, I would inact harsh penalties making gun violence a capital offense off the bat if either a life sentence or death. Especially for mass shootings.

normalice · Answer

Same reason the bible isn't: using clear language would remove a lot of the abstraction that some leaders use to avoid doing their job.

bamesjond0069 · Answer

Id make it a constitutionally mandated prison sentence to even question free speech or the right to bear arms in all three branches of government. Citizens can do whatever they want but the second a politician actually puts forth a limit on one of these things they should face criminal actions and be disqualified from holding their office.

Curmudgeon · Answer

There is a process for amending the Constitution. Follow it. It has happened before.

nachosaresexy · Answer

It modernizes based on political sway/power. Current application of 2A looks absolutely nothing like the spirit of the original amendment.

In other cases, there's hardcore political sway to be more 'originalist'.

jshm2 · Answer

Because most Americans still live in the 1900s

They think the British are going to invade, that Russia and Germany are plotting against them, and everyone in the world is looking to immigrate to America on ship.

Wraven · Answer

Ever hear the words, stuck in there ways.

Ever notice 9 times out of 10 its always guys they're talking about.

Theirs your answer.

A world dominated by men, trust me, comfort is all they care about.

RolandCuthbert · Answer

Because the only process we have for amending it requires consensus. A consensus that is hard to build since we have 30% of the nation who don't believe in an objective reality any longer.

Anonymous · Answer

SJW propaganda should be excluded from freedom of speech.

SJW propaganda should be banned from public education.

Incels should be legaly recognized as a minority group, and it should be criminalized to pretend to support minority groups without giving them their fair share of support. You can call it a diversity quota.

ArtemisSilver · Answer

At this point the US is basically seething with internal strife. Changing the constitution during such a contentions time is almost impossible due to deadlock, and would almost certainly trigger a civil war or mass rioting at minimum.

AviatorTom · Answer

It HAS been modernised... 27 Amendments, the most recent one in 1965.

loveslongnails · Answer

Americans are not that quick on the uptake, if you haven't noticed. That's why. The average reading level in the USA is between 7th and 8th grade.

TwoToTooTutu2 · Answer

The Constitution isn't outdated. The concept of universal human rights is absolute. Thommas Jefferson didn't believe in universal human rights. Simple as that.

MysteriousDarkness · Answer

Why are you worried if the American Constitution is modernized or not since you live in Australia

AndrésC64 · Answer

Because Republicans / conservatives are conservative for the very reason that they want to keep things of the way that they were 200 years ago. That's why they are trying to roll back rights.

B4852 · Answer

Constitutional procedure must be strictly followed to amended it. But the "Bill of Rights" portion must remain unchanged, unless you want to add a right. Then it to must go through Constitutional procedure.

rabbitzzz · Answer

What about australia though, MILF. I hear its run by communist manifesto of the CCP.

joeldalton · Answer

This question can be summed up “why won’t you Americans stop being free and independent?”

007kingifrit · Answer

we amend it all the time... it was amended last in 1999? i think? i would raise the voting age to 30, and make it so internet speech is protected by the constitution

Mijopapi2000 · Answer

So you want the constitution of my country modernized to fit your insane far left liberal communist new world order views? Lol

Amur8711 · Answer

Like what remove freedom of speech and freedom of religion and right to bear arms? It has always been getting amendments added and taken away. However the dase just has never changed.

peedy · Answer

Because it doesn't need to be, adding an amendment is a lot different than rewriting the whole  Don't try to fix what isn't broken

nawtee_me · Answer

It does not need to be modernized at all. It is fine just the way it is, if you do not like it then move out...

dolemite89 · Answer

why do people from other countries care about our politics so much? dont u have anything interesting going on in ur own country? 🤔

jjj101010 · Answer

Not gonna discuss the second amendment it’s not too controversial but I think the language could be modernised to remove any ambiguity across the whole document.

Cubus · Answer

It was modernised like... I don't know - 27 times?

Sparkie460 · Answer

Some things are just better left untouched. The constitution and the Bible are two of those things.

Bklynbadboy12 · Answer

It should be modernized so that it protects the rights of all Americans no matter what race color or creed...

In_Trance · Answer

Because Americans can't agree on what to change it to

Jouth · Answer

I would make it so that tyranical Monarchs can rule and have taxation without representation

exitseven · Answer

It is, they are called amendments.

msc545 · Answer

We happen to like it as it is actually.

WhiteBoyChill · Answer

Its perfect in its original form

fireforeffect · Answer

Because it is Perfect just the way it is!!

Why isn’t the American constitution modernised?

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