On "political questions"
There is one area which interests me in particular. I am interested in the "political questions" doctrine, which seems to be one of a number of principles which render the Executive immune to law.
Most recently, the US Supreme Court has applied that doctrine to the Iraq War. Consequently, that discrete and insular minority known as US servicemen cannot raise the question of the illegality of the war in justifying their refusal to participate.
I hope some of your critique of the US Constitution will include discussion of the political questions doctrine.
This is something I certainly haven't considered so far, partly because the "political questions doctrine," assuming it still has real vitality in 2007--there is an extensive scholarly literature arguing that it has basically been dessicated since the Warren Court and its successors--is not "hard-wired" in the way that the subjects I'm primarily interested in are.
This would be an interesting issue to debate at a convention, i.e., exactly what degree of power we really wish to give to courts. The Israeli Supreme Court, particularly under its former President, Aharon Barak, basically recognized no limits on its jurisdiction. Critics argued that this meant that it intruded into areas, including the conduct of Israeli wars, that should properly be left to "political" branches. I don't have firm views on what sorts of limits we should place on courts and, even more to the point, exactly how a constitution might be drafted in order to achieve the optimal solution. Similar issues, incidentally, can be raised with regard to "standing." The Indian Supreme Court seems to give anyone in the country standing to raise any issues of constitutional controversy. Among other things, this helps to account for the sometimes decade-long delays in actually deciding cases. The US, on the other hand, has quite strict standing rules. Once more, I don't have firm views on the "right" balance between restrictive and expansive notions of standing. No doubt a subcommittee at a convention would be appointed to consider the specifics of the jurisdiction of courts, and I'd be intrigued by its ultimate conclusion.