Chemerinsky’s Lament: Insurrection, Secession, and the End of American Democracy

Abstract

In his latest book, No Democracy Lasts Forever, Erwin Chemerinsky laments the decline of democracy in America. Citing problems like the Electoral College, the Senate, and partisan gerrymandering, Chemerinsky posits that the United States Constitution itself is to blame. If we do not amend it in radical ways, he argues, then America is likely to break apart as prosperous, populous states like California no longer find it in their interest to preserve the union. Though riveting, Chemerinsky’s account fails to acknowledge that the Constitution’s undemocratic features have long served to preserve the union, and may well continue to do so in the future