“Every constitution,” Thomas Jefferson wrote in a 1789 letter to James Madison, “naturally expires at the end of 19 years.” Two centuries after its expiration date, citizens of the United States are suffering the consequences of a constitution drafted by 55 men who owned hundreds of human slaves, thousands of acres in landed estates, and millions of dollars in inherited wealth. Fundamental rights denied, foundational institutions paralyzed and existential crises ignored: these are side-effects of a legal framework that has not been meaningfully amended in over a half-century.
The US is not alone. Scores of constitutions around the world were written by dictators, colonizers and military occupiers to enshrine institutions that are undemocratic by design and unfit to cope with crises like a rapidly heating planet. In some cases, like the UK, the constitution was never actually written at all, setting the political system on a precarious foundation of norms and conventions that leaders like Boris Johnson have proven all too eager to discard. When a cross-party committee convened in 2013 to review the UK’s constitutional chaos, its recommendation was nothing short of radical: that the government should consider “preparations for a UK-wide constitutional convention”.
