Professor Barry McDonald Publishes Essay in "We the People Have a Few Ideas for the Constitution" – New York Times

Professor Barry McDonald is one of seven writers and legal scholars published in a New York Times special feature titled "We the People Have a Few Ideas for the Constitution." The feature is a collection of essays on what legal scholars see as possible amendments to the Constitution. According to The Times, "It's been 50 years since America's last real update to its Constitution; the essays are part of a series exploring bold ideas to revitalize and renew the American experiment." McDonald's essay considers an amendment to change to the structure of the judiciary in order to return important policy decisions to the people.

An excerpt from the essay:

The framers of the Constitution could not have seen how much the less representative branches of our democratic republic — the executive (elected by nonpopular Electoral College vote) and the judiciary (appointed for life) — would hold a grip on governing power.

The amendment would create institutional constraints on the Supreme Court designed to foster impartial and restrained decision-making — enforcing the clear commands of the Constitution and leaving debatable issues to the democratic process.

Read McDonald's entire proposed amendment on The New York Times (subscription required).