Podcast Summary: "Amending the Constitution with Russ Feingold"

Here's Where It Gets Interesting hosted by Sharon McMahon features a compelling conversation with former U.S. Senator Russ Feingold in the episode titled "Amending the Constitution with Russ Feingold," released on July 28, 2025. This episode delves deep into the intricacies of the U.S. Constitution, exploring the amendment process, the current challenges facing American democracy, and potential pathways to strengthen the nation's foundational legal framework.

Introduction to Russ Feingold and His Work

Sharon McMahon welcomes Russ Feingold, a three-term Senator from Wisconsin, to discuss his new book, The Constitution in Jeopardy. Feingold provides a comprehensive background, highlighting his extensive political career and current role as president of the American Constitution Society. He emphasizes his commitment to defending democracy and the rule of law against emerging threats, particularly from far-right movements.

Notable Quote:

"Most of my career, I was an elected official legislator... and now I am the president of the American Constitution Society, an organization that's trying to stand up for democracy and the rule of law."
— Russ Feingold ([04:26])

Understanding the Constitutional Amendment Process

Feingold elucidates the two primary methods for amending the U.S. Constitution as outlined in Article V. The first, widely recognized, involves Congress proposing amendments that must be ratified by a three-fourths majority of the states. To date, this method has yielded 27 amendments.

The second, less commonly known pathway, allows for a Constitutional Convention to be called by two-thirds of the state legislatures. Feingold expresses concern over this method due to the lack of predefined rules, raising fears of a "runaway convention" that could dramatically alter the Constitution.

Notable Quote:

"The Framers intended no limit at all on what might come up at that convention. So that's one of the questions and one of the dangers."
— Russ Feingold ([06:04])

Risks of a Constitutional Convention

The discussion shifts to the potential dangers of invoking a Constitutional Convention. Feingold warns that without established guidelines, such a convention could be dominated by a small, extremist faction seeking to overhaul the Constitution in ways detrimental to the nation's democratic fabric.

Sharon concurs, expressing concerns about the selection of delegates, particularly criticizing the reliance on state legislatures, which she argues are often gerrymandered and unrepresentative of the populace's true will.

Notable Quote:

"There's no way for people in a room in Philadelphia in 1787 to be like, someday algorithms will do the following things... multiple ways to change the Constitution."
— Sharon McMahon ([06:04])

Proposed Constitutional Amendments

Feingold outlines several key areas where he believes the Constitution needs updating:

1. Electoral College: He criticizes the current system for allowing presidents to be elected without a majority of the popular vote, advocating for a shift to a popular vote mechanism.

2. Voting Rights: Feingold emphasizes the absence of an explicit right to vote in the Constitution and the necessity to safeguard it against any attempts at suppression.

3. Environmental Protections: Highlighting global trends, he argues for enshrining a right to a clean environment within the Constitution.

Notable Quote:

"Almost every modern country, they've got some kind of a right to a clean environment and we don't have that kind of a provision in our Constitution."
— Russ Feingold ([19:06])

Current Election System Flaws

The conversation critiques the existing electoral system, focusing on the disproportionate influence of money and the detrimental impact of prolonged and costly campaigns. Feingold shares personal reflections on how the intense scrutiny and financial demands of modern politics deter qualified individuals from seeking office.

Notable Quote:

"It scares away really, really good people from running for office... it entirely demoralizes the average citizen."
— Sharon McMahon ([24:13])

Campaign Finance and Citizens United

Sharon brings up the landmark Citizens United v. FEC decision, which equated corporate spending with free speech, allowing unprecedented financial influence in politics. Feingold vehemently opposes this ruling, describing it as a "total end run and abuse of the First Amendment." He traces the deterioration of campaign finance laws back to this decision, underscoring the resultant flood of hidden money corrupting the political process.

Notable Quote:

"The idea that somehow corporations are the same as people when it comes to political speech is a total end run and abuse of the First Amendment."
— Russ Feingold ([28:00])

Solutions to Strengthen Democracy

Feingold advocates for several measures to mitigate these challenges:

1. Public Financing of Campaigns: Ensuring that electoral campaigns are funded by the public to reduce reliance on wealthy donors.

2. Stronger Enforcement of Existing Laws: Reinforcing laws that prevent undue coordination between corporations and politicians.

3. Reforming the Amendment Process: Lowering the threshold for proposing amendments and incorporating popular votes in the ratification process to reflect the true will of the people.

Notable Quote:

"There are ways through public financing. There are ways through enforcement of laws."
— Russ Feingold ([29:51])

Innovative Approaches to Delegation

The episode explores creative methods for selecting delegates to a potential Constitutional Convention. Sharon suggests statewide popular votes and even random selection akin to jury duty to ensure a diverse and representative group of Americans, minimizing the risk of extremist domination.

Feingold agrees, citing international examples where non-politician delegates participated in constitutional reforms, thereby enhancing credibility and public trust.

Notable Quote:

"Delegates were just like you described. They were not seen as politicians, but as people that were going to do this."
— Russ Feingold ([36:45])

Citizen Engagement and Advocacy

Sharon and Feingold emphasize the critical role of ordinary citizens in advocating for constitutional reforms. Feingold advises actively engaging with elected officials, urging them to prioritize bipartisan cooperation and constitutional integrity over partisan agendas.

Notable Quote:

"Citizen actions demanding cooperation and bipartisanship... we've got to get back to that."
— Russ Feingold ([43:40])

Final Thoughts and Call to Action

The episode concludes with a mutual agreement on the necessity of national dialogue and action to preserve and strengthen American democracy. Feingold encourages listeners to educate themselves—particularly through his book—and to participate actively in the political process to ensure meaningful and representative constitutional changes.

Notable Quote:

"These are conversations we should be having... we the people get to decide what the right ideas are."
— Sharon McMahon ([42:38])

Conclusion

This episode of Here's Where It Gets Interesting serves as an insightful exploration of the U.S. Constitution’s vulnerabilities and the urgent need for thoughtful amendments. Through Russ Feingold’s expertise and passionate advocacy, listeners gain a deeper understanding of the constitutional amendment process, the impact of political financing, and actionable steps to foster a more equitable and functional democracy.

For a more in-depth analysis and proposed solutions, reading Russ Feingold’s book, "The Constitution in Jeopardy," is highly recommended.