Given the dysfunction of recent years presents our democracy with unique challenges. To meet the needs of this post-post 9/11 environment, our foundational documents will need to be updated to meet new challenges. I have some modest suggestions of ways we might get started.
Given the apparent impotence of mere law to restrict the President's power to order torture, I feel it is imperative that we pass a constitutional amendment banning the use of cruel and unusual punishment.
No President has fully recognized the legitimacy of the War Powers Act-- after all, he is commander in chief-- and since we now face a situation where the decision to go to war with Iran appears to rest solely with the President. I suggest that we transfer the authority to make war to the Congress.
About that commander-in-chief thing... perhaps instead of Commander In Chief of the whole country, we could just restrict that to commander in chief of the army and navy?
I happen to believe that the right of habeas corpus is fairly important. I think it ought to have a place in our constitution. Some will say this is fairly radical, but I think this might be done reasonably, if we provide that it may be suspended only during cases of insurrection and rebellion.
This wiretapping thing has me worried. I'd like to not feel watched at all times-- but the government does need to keep an eye on terrorists! Perhaps if we required some form of warrant or authorization before this sort of surveillance, we might feel more secure in our persons, houses, papers, and effects, against unreasonable searches.
Are there other changes we should make to our Constitution, to help cope with the realties of this brave new world?