October 13, 2006

It Is Time to Repair the Constitution's Flaws

By SANFORD LEVINSON

In 1987 I went to a marvelous exhibit in Philadelphia commemorating the bicentennial of the drafting of the U.S. Constitution. The exhibit concluded with two scrolls, each with the same two questions: First, "Will You Sign This Constitution?" And then, "If you had been in Independence Hall on September 17, 1787, would you have endorsed the Constitution?" The second question emphasized that we were being asked to assess the 1787 Constitution. That was no small matter inasmuch as the document

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