Monday, July 14, 2008

Why Constitutions Matter


In the Declaration of Independence, Constitution, and Bill of Rights the word "democracy" does not appear a single time in the text. This is not because such learned men had never heard of the concept, but because they knew all about democracy and wanted to avoid it as much as possible. The biggest shortcoming of democracy is the "tyranny of the majority" where minority viewpoints were oppressed.

Today we live in a country under the tyranny of the slim majority. We all face an uncertain future where what we are free to do today may be illegal tomorrow. If 51% of people are in favor of something, the other 49% of people are screwed.
If Republicans win, Democrats are screwed. If Democrats win, Republicans are screwed. Washington politics have become a high stakes power struggle and special interests battle to the death to "win it all or lose everything."

When the independent states came together to write a constitution, they foresaw this exact situation. The constitutional delegates feared handing the keys of power to another dictator, after suffering a long, bloody war to achieve freedom.

The framers knew that people would never agree on most issues. The constitution itself was barely agreed to. The solution, in essence, was to agree to disagree, and not fight about it. For that reason they created a federal government with strictly limited powers and enumerated duties, leaving a majority of decisions to the states and the people.

A federal government, unrestrained by the constitution can do anything it pleases. The Legislature can write any law. The Judiciary can create laws by ruling on cases. The Executive can ignore or interpret the law in any way through the use of signing statements and executive decree. President Reagan joked when he said, "I have just signed legislation outlawing Russia forever. The bombing begins in five minutes." But, sadly, that is exactly the nation we live in today. If you can get majority support, you can bomb anything.

A constitution that can mean anything means nothing. What we have in the US now is not a constitutional republic but mob rule. Our nation is becoming more and more polarized, antagonistic, and disenfranchised with their representation. This is the result of a "winner takes all" form of politics.

Such a path can only lead to the failure of the union, and the end of the greatest attempt by a people to live free in the history of mankind. No one can know what will rise from the ashes but if 10,000 years of human history is any guide, it won't be a free nation.

No comments: