I've become interested in problems with the U.S. Constitution. We (humanity) have now had a few centuries of experience with writing constitutions since this great experiment, and I was wondering what people think could have been done better. For instance, I think most would agree that direct election of senators should have been in from the beginning, though it is easy to understand why it was not.
I'll place a few limits:
1. No modern political nuttery, so please no talks of an anti-abortion clause and we'll just leave the Second Amendment shelved for now.
2. Bear in mind the age we're talking about. Making the Revolutionary U.S. go Marxist is simply not going to happen. Likewise, outlawing slavery, instituting social security, government-mandated healthcare, and universal suffrage are essentially ASB.
Some preliminary questions:
1. Should a definite right to privacy have been included, instead of being hinted at piecemeal? Would the founding fathers have thought of this, and would they support it?
2. This one borders on modern political nuttery, but I think it just falls short since I have yet to encounter a rational human who would oppose it- should a definition of 'personhood' been included? No, I'm not talking about abortion, I'm talking about making it clear that only human beings are 'people' and can thus participate in government. Would the founding fathers have wanted this if they had thought of it? (I have my doubts about Hamilton.) After all, most of them wanted to try to avoid the development of political parties, let alone corporate money in politics. Could the way corporatism has grown have been anticipated?
3. Could gerrymandering have been anticipated, and dealt with?
4. Could any term lengths have been better? (I've seen a lot of arguments for lengthening some of them.)
5. Similarly, how about term limits?
6. A big one that is likely to cause debate- how about mandating a balanced budget? Obviously, the U.S. was born into debt. So, like every modern proposal, there would be exceptions for war or national emergency. Is this something the founding fathers would have supported? (Again, I worry about Hamilton.)
7. The electoral college? Again, I understand why it exists historically, but could direct elections have been in the original constitution?
8. Alternate voting schemes? Instant run-off is probably a bit beyond the technology of the times, but do any others come to mind?