11 ways we should amend the Constitution
I would contend that American reverence for the Constitution has a nasty side effect: we revere it so much, we suffer an immense hesitation to change it, ever, for any reason. I think this oversized reluctance ends up warping our policy, because it is so difficult to amend the Constitution, we are forced to work within it even when it would be much more advantageous to update it.

I don't think we should take amending the Constitution lightly, but there's a reason why there is an amendment process: because it is sometimes necessary to amend. I fear this is something that Americans have forgot, and as a result, our laws end up weird because the framework is not very adequate for responding to the realities of the day.

So I wanted to toss out some ideas on ways we should amend the Constitution, and seek the opinion of friends and respected acquaintances. Take this as a starting point for discussion rather than an indication that I am a gung-ho believer in any of the following suggestions. In no particular order:

1. Enshrine the right to fair use of copyrighted material

2. Prohibit retroactive term extensions of intellectual property rights

3. Provide Congressional representation for the District of Columbia

4. Enshrine the right to information self-determination (i.e. the right to control the use of information created by and about you -- essentially a property right for personal information)

5. Eliminate the electoral college and establish a national popular vote for the Presidency/Vice Presidency

6. Abolish capital punishment (at any level of government)

7. Overturn Kelo to limit the use of eminent domain to public purposes (e.g. using language similar to the constitutional amendment in Florida: "Private property taken by eminent domain ... may not be conveyed to a natural person or private entity")

8. Establish that states have the right to secede from the union (either according to the laws of each state, or within conditions established by the federal government -- I'm not sure which); states have the right to reach agreements reconfiguring their borders with other states, within the boundaries of the United States; inhabited areas that are not part of states (with the exception of the Federal District) have the right to secede from the union, petition the federal government for statehood, or retain non-state status

9. Enshrine the principle of freedom of information (i.e. access to government documents), with exceptions similar to those in the Freedom of Information Act

10. Amend the interstate commerce clause to specify that Congress can regulate commerce as long as the activity regulated is performed in several states, and the regulation applies uniformly across all states (i.e. Congress cannot regulate an activity in only one state, or regulate it differently in one state than in another)

11. Reduce the age to serve in elected federal office (i.e. President/Vice President, House of Representatives, Senate) to the voting age (i.e. 18)

Looking forward to some interesting replies,

Gavin