Authors

Martha Minow, Harvard University

Not Born a Democracy: Constitutional Preconditions

Abstract

Beneath growing perceptions of constitutional crisis and democratic fragility in the United States lies a fundamental conundrum. Critical preconditions for effective self-government are either weak or missing in action, and our constitutional system, at least for now, stands in the way of actions to strengthen or build those preconditions. This Article focuses on three essential predicates for constitutional democracy that face jeopardy: education, reliable news, and security against lethal violence. As basic as these elements may be, repeated efforts to secure a federal constitutional right to education have failed in the courts. Because of a confluence of legal, technological, and economic problems, once vibrant newspapers and magazines in the United States are rapidly shrinking or closing. Deaths and injuries due to guns mount yearly, and courts block reform efforts to advance human safety. Why are these meaningful preconditions for self-government? Why are even earnest efforts at fortifying them blocked? And what are promising ways forward?

Comments

This essay is based on the 2025 Cutler Lecture given at William & Mary Law School.

Repository Citation

Martha Minow, Not Born a Democracy: Constitutional Preconditions, 67 Wm. & Mary L. Rev. 135 (2025), https://scholarship.law.wm.edu/wmlr/vol67/iss1/4

Publication Information

67 William & Mary Law Review 135-187 (2025)