Monday, June 27, 2022

So, How's That Constitution Thing Working Out for You?


The 55 representatives - all of them male, all white and all privileged members of their society - who attended  the Constitutional Convention of 1789 drafted the United States Constitution to define the parameters of a new form of government for a new form of nation. 


The preamble to the Constitution reads:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

So, how’s that working out now, 233 years after the representatives to the Constitutional Convention slapped each other on the back and went home? Let's see ...

“Form a More Perfect Union.” We survived the Civil War more or less intact, but the union today is being torn apart by political passions inflamed by the power-mad and the religion-blinded. At a time when the nation faces huge problems and perils at home and abroad, Congress is paralyzed by the ability of an angry minority party to heap sand in the legislative gears and prevent action on all but the most mundane of issues. The Blue and Gray states of antebellum America have given way to the Blue and Red states of modern America. 

“Establish Justice.” We have a larger proportion of our population in prison than any other nation. The degree and quality of justice one can expect is directly proportional to one’s ability to hire the largest number of the most expensive, most aggressive, most experienced, and least principled attorneys. If you are black, brown, or poor, good luck. And whether or not you agree with the freedoms once granted by the Roe v. Wade and Planned Parenthood v. Casey decisions, consider that a strongly conservative Supreme Court has just ignored 50 years of precedent and - for the first time - actually removed a freedom we thought was guaranteed under the Constitution. And as if that weren't enough, consider that Justice Clarence Thomas went out of his way to write that the Supreme Court “should reconsider all of this Court’s substantive due process precedents, including Griswold [which removed legal barriers to contraception], Lawrence [which guaranteed the right of privacy in sexual intimacy between consenting adults], and Obergefell [which required states to allow same-sex marriages and recognize those from other states]” - three cases dealing with Americans’ fundamental rights to privacy, due process and equal protection under the law. If you don't think justice can go backward, you're not paying attention.

“Insure Domestic Tranquility.” You might believe that the storming of the US Capitol by a crazed mob of Der Furor's supporters on January 6th, 2021, was a one-time thing, but I wouldn’t bet on it. When a large portion of the population is fired up by a monomaniac former president and his acolytes, Fox News, OAN, and Newsmax, and believes its political opposition is nothing more than satan-worshiping pedophiles hell-bent on destroying the nation, domestic tranquility is probably not insured.

“Provide for the Common Defence.” We have a hugely powerful military to protect us from external threats. Within our borders, however, we remain under threat from each other, exacerbated by a constitutional amendment that has made us the most heavily-armed citizens in the world, and animated by a belief that personal defense trumps all other rights and responsibilities. When angry militias are training in the wilderness, storming the Capitol, and continuing to openly advocate violence against the government, providing for the common defense takes on a different meaning.

“Promote the General Welfare.” Unless the general welfare runs contrary to the interests of big business and the wealthy, that is. Many Republicans favor doing away with what they disparagingly call the “administrative state” that ensures your welfare ... that you have safe drugs, wholesome food, reliable products, a stable (more or less) economy, safe working spaces, drinkable water, and breathable air. Good luck with all those if federal agencies lose the regulatory authorities that keep you safe and healthy.

“Secure the Blessings of Liberty.” Many people nowadays interpret “liberty” as meaning “my personal liberty," rather than "our shared liberty.” The Declaration of Independence speaks of “life, liberty, and the pursuit of happiness” as "unalienable rights," but your right to those things has become secondary to the perceived rights of those who want to do whatever they want, wherever they want, whenever they want, to anyone they choose. Our rights aren't unalienable after all ... just ask Clarence Thomas.

As a brand new Air Force Second Lieutenant in June of 1973, I swore this oath:

“I, Bilbo, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

I swore my oath to the Constitution ... not to any individual. I swore my oath to an idea and a set of fundamental principles, not to a president, king, or dictator, and not to a pope, an imam, a rabbi, or a patriarch.

Our poor, battered Constitution has served us pretty well for the last 233 years, but it's showing its weaknesses - not the least of which is how easily it can be subverted by those bold and wicked enough to openly subvert it. The weaknesses of the Constitution are, I believe, caused by the fact that its framers were honorable men who did not foresee the willingness of evil men (and women) to undermine the government for which the founding generation had fought and died.  

So, how's the Constitution working out for you? If you're smart, you won't take its words of freedom and justice for granted. You'll get out between now and November and look for candidates who are truly interested in upholding the grand words of the Preamble to the Constitution, who will work for all Americans, not just those of the preferred color (white), sex (male), or religion ("Christian"*). 

Vote as if your country's future depended on it. Because it does.

Have a good day. More thoughts coming.

Bilbo

* It should be noted that most present-day "Christians" have only a nodding relationship with the actual teachings of Christ.

3 comments:

Annsterw said...

100%!!! I am looking forward to the November Pennsylvania races!! I will be first in line to vote like my rights depend on it!

Mike said...

Found in The Works of Thomas Jefferson, 12 vols.

In a letter written to James Madison from Paris just after the French Revolution had broken out, Thomas Jefferson (1743-1826) argues that any Constitution expires after 19 years and must be renewed if it is not to become “an act of force and not of right”:

The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water… (But) between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independant nation to another… On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation… Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of right.

https://oll.libertyfund.org/quote/thomas-jefferson-on-whether-the-american-constitution-is-binding-on-those-who-were-not-born-at-the-time-it-was-signed-and-agreed-to-1789

Dave Peterson said...

Question: There has been a push for quite a while to call a new Constitutional Convention. I get the occasional scare-tactic letter claiming that "only SEVEN states" still have to pass resolutions, and a Convention will be called. If that were to happen, what do you think would happen?