The People's Constitutional Power to Reconstruct Our Democracy
Rising tide of authoritarianism is a constitutional crisis!
For decades, I have dedicated my life to fighting for social justice, health equity, and democratic rights across the globe.
Today, I write with a sense of urgency about a truth that many Americans have overlooked: We the People hold not only the constitutional right but also the moral duty to reconstruct our governing framework when it fails to protect democracy.
This is not a radical idea—it is a foundational principle enshrined in our Constitution and the very spirit of our nation’s founding (Ackerman, 1991; Barnett, 2016).
At the heart of this principle lies the Ninth Amendment of the Bill of Rights, a provision that is often overlooked but carries profound implications for our democracy. It states:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
This seemingly simple sentence is revolutionary. It affirms that the people retain fundamental rights beyond those explicitly listed in the Constitution, including the right to reshape their government when it no longer serves their needs (McConnell, 2018).
The Founders’ Vision: A Living Constitution
The framers of our Constitution understood that governance must evolve to meet the challenges of each generation.
The Declaration of Independence boldly asserts that it is the right of the people to “alter or abolish” any government that fails to secure their rights and to “institute new government” based on principles that ensure their safety and happiness.
James Madison, the architect of the Ninth Amendment, explicitly designed it to prevent the Bill of Rights from being used to deny other fundamental rights retained by the people—including the right to constitutional reconstruction (Madison, 1788; Warren, 1937).
This principle of popular sovereignty—the idea that ultimate political authority rests with the people—is not just a historical footnote; it is a living, breathing mandate for democratic renewal.
A Global Perspective: Lessons from Modern Democracies
In my work with global movements, I have witnessed how the principle of popular sovereignty has been embraced by modern democracies. From South Africa’s post-apartheid constitution to Iceland’s citizen-led constitutional reforms, nations around the world have demonstrated that each generation must have the power to adapt its governing framework to meet new challenges (Elster, 2012; Landemore, 2020).
These examples are not just inspiring—they are instructive. They show us that when democratic systems falter, the people have both the right and the capacity to reimagine and rebuild them.
The Crisis of Our Time: Authoritarianism on the Rise
Today, our democracy is under unprecedented threat. The 2024 V-Dem Annual Democracy Report reveals alarming declines in democratic norms and institutions globally, including in the United States. We are witnessing the systematic dismantling of voting rights, the weaponization of judicial systems, and the normalization of election denial. These are not just political issues—they are symptoms of a deeper constitutional crisis (Levinson, 2006; Sitaraman, 2019).
Our current constitutional framework, despite its revolutionary origins, is struggling to protect democracy in the face of modern autocratic threats. This is why the Ninth Amendment’s affirmation of the people’s rights is more crucial than ever.
The Ninth Amendment and Constitutional Reconstruction
The Ninth Amendment supports our right to constitutional reconstruction in four key ways:
Historical Context: The framers themselves executed the most significant constitutional reconstruction in history by replacing the Articles of Confederation with the Constitution. They understood that future generations might need similar flexibility (Whittington, 1999).
Natural Rights Philosophy: The Amendment embodies the idea that certain fundamental rights—including the right to self-governance and constitutional renewal—exist independently of written constitutions (Barnett, 2016).
Popular Sovereignty: It reinforces that ultimate political authority rests with the people, not the government they created. This includes the power to reconstruct that government when necessary (Amar, 1994).
Constitutional Evolution: The Amendment acknowledges that the people’s rights evolve with time and circumstance, including the right to adapt constitutional frameworks to meet new challenges (Ackerman, 1991).
Citizens’ Assemblies: A Modern Expression of Popular Sovereignty
One powerful way to exercise this right is through Citizens’ Assemblies. These deliberative bodies, composed of randomly selected citizens who reflect the nation’s diversity, have proven effective in addressing complex constitutional challenges while maintaining democratic legitimacy (Smith, 2021).
By convening thousands of Americans in Citizens’ Assemblies, we can harness the wisdom of the people to reimagine our constitutional framework. This is not a radical idea—it is a practical, inclusive, and democratic approach to constitutional renewal.
Unlike traditional government structures that are often driven by party politics, special interests, and corporate money, Citizens’ Assemblies put real people—ordinary citizens—at the center of decision-making.
For more information Citizens’ Assemblies, check out these resources:
DemocracyNext: Assembling an Assembly Guide
Leadership Now Project: Guide on Citizens’ Assemblies
What You Can Do to Save Democracy
Here's what you can do to help assert these constitutional rights:
Educate others about the Ninth Amendment and our right to constitutional reconstruction. Share this message with your communities and start discussions about what a modern constitution might look like.
Support organizations working to protect and expand democratic rights. The fight for constitutional reconstruction is part of a broader struggle for democratic renewal, such as Protect Democracy or for amending the Constitution check out Democracy 2076.
Join or organize local democracy reform groups focused on constitutional issues.
Grassroots movements can create the momentum needed for national transformation. Check out Better Together America for more information.
Advocate for Citizens' Assemblies at local and state levels as proving grounds for national constitutional reconstruction. Contact DemocracyNext, Unify America or Assemble the Field if you want to set up a Citizens’ Assembly in your community.
Document democratic backsliding in your community. Building a record of constitutional failures strengthens the case for Constitutional reconstruction.
Join the #unifyUSA movement (to be launched on February 17, 2025 on President’s Day) calling for Citizens’ Assemblies for Constitutional Reconstruction.
Help lead a local Citizens’ Assembly for Constitutional Reconstruction with the goal of a convening a National Peoples’ Assembly by July 4, 2026, or as soon as possible. Let’s celebrate the 250th Anniversary of the Declaration of Independence with a reboot of our democracy for the future!
A Call to Action
The rising tide of authoritarianism is not just a political crisis—it is a constitutional crisis. The Ninth Amendment is not a passive guarantee of unnamed rights; it is an active affirmation of the people’s power to reshape their government to secure liberty and democracy.
The window for action is closing fast. Future generations will ask what we did when democracy stood at the brink. Let us show them that we understood our constitutional rights and duties—and acted decisively to preserve democratic governance.
Together, we can build a more resilient democratic future. We can and must act now to exercise our Ninth Amendment right to constitutional reconstruction.
Dr. Paul Zeitz is the initiator of #unifyUSA and author of Revolutionary Optimism: 7 Steps for Living as a Love-Centered Activist.
References
Ackerman, B. (1991). We the People, Volume 1: Foundations. Harvard University Press.
Amar, A. R. (1994). "The Consent of the Governed: Constitutional Amendment Outside Article V." Columbia Law Review, 94(2), 457-508.
Barnett, R. E. (2016). "The Ninth Amendment: It Means What It Says." Texas Law Review, 85(1), 1-82.
Elster, J. (2012). "Constitution-Making and Democratic Legitimacy." Theoretical Inquiries in Law, 13(2), 307-336.
Landemore, H. (2020). Open Democracy: Reinventing Popular Rule for the Twenty-First Century. Princeton University Press.
Levinson, S. (2006). Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). Oxford University Press.
Madison, J. (1788). "Speech Introducing the Bill of Rights." In The Papers of James Madison, Vol. 12. University of Chicago Press.
McConnell, M. W. (2018). "The Ninth Amendment in Light of Text and History." New York University Journal of Law & Liberty, 12(1), 1-28.
Sitaraman, G. (2019). The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic. Knopf.
Smith, P. (2021). "Citizens' Assemblies: How to Bring the Wisdom of the People to Bear on the Climate Crisis." Nature, 589, 366-368.
Warren, C. (1937). "The New 'Liberty' Under the Fourteenth Amendment." Harvard Law Review, 39(4), 431-465.
Whittington, K. E. (1999). Constitutional Construction: Divided Powers and Constitutional Meaning. Harvard University Press.
Historical Sources
The Declaration of Independence (1776)
The Articles of Confederation (1781)
The United States Constitution (1787)
The Bill of Rights (1791)
Notes of Debates in the Federal Convention of 1787, Reported by James Madison
The Federalist Papers, particularly No. 84 (Hamilton) and No. 38 (Madison)
Democratic Crisis Reports and Analysis
Democracy Index 2024. The Economist Intelligence Unit.
Freedom in the World 2024 Report. Freedom House.
V-Dem Annual Democracy Report 2024. Varieties of Democracy Institute.
International IDEA Global State of Democracy Report 2024.