When has a constitution failed to the point where it is time to replace it? To answer this question, Prof. Schweber argues that constitutions serve three distinct functions: they translate the majority's will into political policies, they check and balance the powers of government, and they provide a vocabulary for public debate over the fundamental commitments of a society. Applying these standards to the United States in the age of Trump Prof. Schweber suggests that there is a good argument that the U.S. Constitution is failing. More generally, the same kind of argument may apply to other national and transnational constitutions. As longstanding institutions and practices of liberal democracy come increasingly under fire, is constitutionalism itself at risk?
