Amendment Deadlock Fuels Executive Rule

Updated: 2026.09.10 1M ago 5 sources
Because Article V demands supermajorities that are unattainable in a polarized era, formal constitutional change has stalled. Both parties increasingly route major policy shifts through executive orders and Supreme Court rulings instead of amendments, sidelining voters in foundational decisions. — If durable reform is funneled through courts and the presidency, democratic legitimacy weakens and the risk of executive overreach and institutional backlash grows.

Sources

The Expansion of Executive Power
2026.09.10 82% relevant
The newsletter’s lead item documents how presidents since 9/11 have repeatedly invoked emergency powers for crises (2008 financial crisis, Covid, tariffs), supporting the broader claim that political stalemate in legislatures and constitutional amendment paralysis pushes policy-making into the executive branch.
The Emergency Presidency at Twenty-Five
Michael W. McConnell 2026.09.09 85% relevant
The article documents how a one‑time national emergency (Proclamation 7463) became a perpetual legal and political baseline as successive presidents extended emergency powers, thereby concentrating authority in the executive; this maps directly to the existing idea that when formal constitutional change (amendment) stalls, political adaptation shifts power into executive prerogatives.
Supreme Court Opinion Roundup (with Ilya Shapiro)
Ilya Shapiro, Rafael A. Mangual 2026.04.23 66% relevant
Hosts discuss the scope of executive power and the role of independent agencies, and anticipate how Court composition and retirements could shift doctrine — tying into the existing pattern that legislative gridlock pushes policy making into executive and administrative channels contested before the Court.
How the U.S. Constitution protects liberty from the powerful’s dark impulses
Cass Sunstein 2026.03.05 75% relevant
The article emphasizes constitutional checks (separation of powers) as barriers to the 'dark impulses' of powerful actors; that connects to the existing idea that when constitutional amendment pathways stall, pressure shifts to executives who expand authority — both diagnose institutional failure modes that produce concentrated executive power.
Why America’s veneration of the Constitution may ultimately break it
Tim Brinkhof 2025.10.10 100% relevant
Jill Lepore’s interview claims that since the New Deal, and especially today, Democrats and Republicans bypass Article V and reshape government via executive action and Supreme Court rulings.
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