Problem: The Founding Fathers-Should We Move On?

Author Mark Kurlansky argues that the Founding Fathers' great accomplishment is losing its luster: I am sick and tired of the founding fathers and all their intents. The real American question of our times is how our country in a little over 200 years sank from the great hope to the most backward democracy in the West. The U.S. offers the worst healthcare program, one of the worst public school systems and the worst benefits for workers. The margin between rich and poor has been growing precipitously while it has been decreasing in Europe. Among the great democracies, we use military might less cautiously, show less respect for international law and are the stumbling block in international environmental cooperation. Few informed people look to the United States anymore for progressive ideas. We ought to do something. Instead, we keep worrying about the vision of a bunch of sexist, slave-owning 18th century white men in wigs and breeches.

Question

As noted on the first page of this chapter, the United States Constitution has been one of the most influential documents in global history. In recent decades, however, critics such as Kurlansky have criticized our Constitution for being out of touch with the times. They criticize our distinguished system of checks and balances as a source of the current political gridlock in Washington, and they argue for a Constitution that can more easily be amended, among other complaints. They point to empirical evidence showing that constitutional similarities between other nations and the United States have plunged while emulation of the Canadian constitution, in particular, has soared. Canada's charter guarantees equal rights for women and people with disabilities, permits affirmative action, and requires notice of their rights to those who are arrested. Those rights are balanced against "such reasonable limits" as "can be demonstrably justified in a free and democratic society." Other national constitutions protect the right to food, education, and health care. Do you think our Constitution is out of touch with contemporary times and should specifically be amended to guarantee the personal rights noted above? Explain.