The Posterity Project: Developing a Method for Long-Term Political Reform

22 Pages Posted: 18 Sep 2013

See all articles by Edward B. Foley

Edward B. Foley

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: September 16, 2013

Abstract

Akhil Amar, at the end of AMERICA'S UNWRITTEN CONSTITUTION (2012), mentions the idea of postponing for a long while the date on which newly adopted constitutional reforms become effective. The rationale for this idea, as Amar explains, is to impose a Rawlsian "veil of ignorance" on the adopters of the constitutional reforms, so that they have less ability to act strategically on behalf of their own descendants. This essay develops how Amar's idea might best be operationalized. In doing so, it proposes the creation of a nonpartisan Posterity College, with each state sending the same number of members as the state has in the Electoral College. The nation's two immediate past presidents from different political parties (now Clinton and Bush) would serve as the bipartisan co-chairs of this Posterity College. The essay discusses the procedures that this Posterity College would use for its deliberations, how its members would be appointed, some of the potential reforms it might consider, and how its proposals would become part of the Constitution but taking effect only long afterwards.

Keywords: amendment, reform, veil of ignorance, Rawls, Amar, Electoral College, constitutional change, nonpartisan, bipartisan

Suggested Citation

Foley, Edward B., The Posterity Project: Developing a Method for Long-Term Political Reform (September 16, 2013). Oklahoma Law Review, Vol. 66, No. 1, 2013, Ohio State Public Law Working Paper No. 225, Available at SSRN: https://ssrn.com/abstract=2326423 or http://dx.doi.org/10.2139/ssrn.2326423

Edward B. Foley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-292-4288 (Phone)

HOME PAGE: http://https://moritzlaw.osu.edu/faculty/edward-b-foley/

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