January 19, 2026
Democracy patch notes, anyone?
Is the Constitution Broken
Broken or just ignored? Internet roasts power grabs and Congress
TLDR: A public debate asked if the Constitution is broken, with one scholar calling it undemocratic and another saying it evolves and still beats the alternatives. Commenters split between blaming hypocrisy, Congress’s failure to do its job, and insisting the Constitution is fine if we actually enforce it.
Two legal heavyweights just debated whether the U.S. Constitution is “broken,” and the internet showed up with popcorn and pitchforks. Aziz Rana says the system hardwires minority rule—think the Senate and Electoral College—and supercharges modern power grabs. Noah Feldman counters with a cool “it’s flawed, but still the best option,” and reminds everyone the Constitution can evolve, pointing to the birth of modern free speech a century ago.
The comments? Pure fireworks. One camp is yelling, “Hypocrisy!” with gedy blasting folks who “bleat about executive overreach… then smirk with glee” when their side wins. Vessenes throws a bipartisan grenade: “It’s 100% both sides,” noting no president gives up power once they get it. Meanwhile, jameskilton plants a flag: “No, the Constitution is fine”— it’s our failure to enforce it that’s the problem.
Policy nerds chimed in too, with stackskipton blaming Congress for dodging its job and letting fights spill into the courts and the White House. They even name-drop “Chevron,” a court rule about how much leeway government agencies get—to the thread, it’s just another symptom of Congress passing vague laws and letting chaos ensue. And the meme of the night? One cryptic comment: “(2025)”—instantly adopted as the doomsday countdown for whatever constitutional cliffhanger comes next. Drama, receipts, and jokes—and no one’s backing down.
Key Points
- •Legal scholars framed the Trump administration’s executive actions as a constitutional “stress test,” prompting legal challenges, including from Harvard.
- •A national poll reported two-thirds of Americans worried about a constitutional crisis, while about nine in ten still view the Constitution favorably.
- •Aziz Rana argued the Constitution is “broken,” citing its state-centered design that shapes federal institutions and hinders majority rule and amendments.
- •Rana said these structural features impede realization of civil rights and liberties despite large majorities or supermajorities.
- •Noah Feldman countered that the Constitution, though undemocratic in parts, is the best practical alternative and can evolve, illustrated by Holmes’s 1919 free speech jurisprudence.