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Tag Archives: United States Constitution

second-amendment-cartoon-by-john-cole

It comes as no surprise that following the tragic mass shooting at the Sandy Hook elementary school last month that some gun advocates would rather fight than switch, or at  least mollify their position on perceived absolutes about the 2nd amendment.  Following the lead of the NRA’s Wayne LaPierre I read this response to a letter-to-the-editor post I submitted last month

It looks like some people are having trouble with reading comprehension. The words, “shall not be infringed,” mean not messed with ever, to infinity and beyond.    – John Harazda 

The absurdity that man-made laws are unalterable “to infinity and beyond” appears lost on Mr. Harazda.  Also lost in this concept is the belief that new technology and future societal conditions were incorporated into the original statement.  And lastly, can an infringement occur if you’re allowed one form of firearm that essentially meets the standard of the amendment while being denied ownership of other types of guns?

I understand how hard it is for some people to really study the history they claim to know so much about but a cursory review of events around the time the Constitution was being contemplated reveals that such a rigid notion of the 2nd amendment is hardly credible.

Like many others in 18th century America, William Rawe an American lawyer in Philadelphia, who in 1791 was appointed as United States district attorney in Pennsylvania, supported the right for people other than the aristocracy to own guns and viewed the second clause of the Second Amendment as a general prohibition preventing governments to  “disarm the people.”

However, Rawe’s did warn that “this right [to bear arms] ought not…be abused to the disturbance of the public peace” and observed, paraphrasing British jurist Sir Edward Coke, that “[a]n assemblage of persons with arms, for unlawful purpose, is an indictable offence, …”  This clearly sets the stage for allowing conditions by which the government can “infringe” on who shall possess guns.

Alleging it’s the people’s right, as Jefferson remarked, to refresh “the tree of liberty … from time to time with the blood of patriots & tyrants” may sound good to disgruntled fanatics who failed to remove President Obama through our legal processes, but it is not something that can be historically justified as Rawe’s comments attest to and as George Washington’s successful attempt in August of 1794 to put down the Whiskey Rebellion substantiated.

It should be duly noted too that the Jefferson quote about the “tree of liberty” referenced Shay’s Rebellion, which occurred while the Articles of Confederation were still the law of the land.  Jefferson was safely ensconced in Paris at the time, serving as our ambassador to France, away from any threat of violence at home.  His sense of rebellion was likely more enamored than his fellow citizens as he reflected on the huge victory such actions had for the American colonists several years earlier over the great British empire.

This rebellion was not the result of government tyrants but instead was aimed at civil authorities pressured by the merchant class to cut off credit to poorer farmers and demand instead hard currency for debts owed them.   This form of crony capitalism is still with us today in ever larger contexts yet there are those who would mislead the public as they strive to reduce our representative government to a size that could be drowned in a bath tub, making room for a plutocracy that some wealthy types vigorously support.

koch brothers plutocracy

People who like to avail themselves of the “original intent” view of what the Constitution means often cite those sources that lend credibility to their claims of private ownership.   But in forming the wording to the 2nd amendment it might be note worthy from an original intent mind-set that some of our earliest political leaders viewed arming its citizens as part of a “well-regulated militia” – not separately and privately as noted in the Journal of the Senate, p. 63 in 1789

A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms shall be compelled to render military service in person.   SOURCE  

In just these brief historical insights we can see that there are strong indications that the words “shall not be infringed” meant something other than what we are led to believe by the anti-government crowd today.  Those people who would have us provide more deadly weapons to all citizens rather than imposing a few sane restrictions regarding types of firearms and who is eligible and qualified to possess such destructive fire power.

If we are to presume that the words in the 2nd amendment “shall not be infringed” are to be taken without qualification, then one could legitimately argue that anyone shall not be denied the right to possess such firearms, including children, mentally ill people and of course criminals.   Yet even back then it was clear that some infringements on who was to own a weapon and of what nature were spelled out.

On May 8, 1792, Congress passed “[a]n act more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States” requiring:

[E]ach and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia…[and] every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutred [sic] and provided, when called out to exercise, or into service, except, that when called out on company days to exercise only, he may appear without a knapsack.    SOURCE

Notice in the parts of this statement that I emphasized how only white male citizens were eligible to be a part of a “well-regulated militia” – not women, slaves or non-citizens – and that the weapon and types of ammunition were specific.   This of course made sense back then because though the words of the 2nd amendment about their right to bear arms shall not be infringed, they were cognizant of the fact that not any and everyone qualified under this definition and that there were limitations to what was expected under this right.  This also should put to rest the silly notion by some defenders of “original intent” that simply because the Constitution doesn’t say it doesn’t mean it’s exempt.

So it seems to me that if these sensible men could infringe on certain people’s right back then as they saw fit, we ought to be allowed to do the same today.  The right to own a weapon to feel secure in your home today is not at risk of being taken away as some of the fringe element would have us believe.  Nor is the right to own a suitable firearm for such security purposes or the right to own a hunting rifle.

Beyond this however is the manufactured belief, fostered by the for-profit gun industry and their handmaidens at the National Rifle Association (NRA), that an infringement of the 2nd amendment means more than the essential components spelled out by the founding fathers.   The notion that each individual could have their own destructive arsenal lacks any credibility in the historical record.

Modern-Warfare-3-Weapons-List

By allowing easy access to such weapons through loop holes in the existing gun laws and tying the hands of law enforcement with a hyperbolic version of what the original intent of the 2nd amendment represented,  our civilized society has been falsely led to believe that if our representative government restricts some guns and their enhanced capabilities to kill more people quicker, that we are somehow canceling out, en toto, the 2nd amendment of the Constitution.  A scare tactic that has persisted too long and as a result has led to the innocent deaths of men, women and children whose own sense of freedom was cut short by those obsessed with gun ownership in this country.

Strident 2nd amendment advocates should also take note of ultra-conservative Supreme Court justice Anton Scalia’s words in the landmark court ruling of District of Columbia v Heller where he reminded people that where the “the right of the people to keep and bear Arms, shall not be infringed”, neither is it unlimited.  “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

The 2nd amendment and the current issues surrounding it, in light of the explosion in assault weapons ownership and mass shootings around the country, can hardly be dispensed with such simple-minded retorts like Mr. Harazda’s above.  Such shallow and self-serving perceptions are humorously played out in this Chris Rock video.

And for the record, those gun advocates who like to give Jefferson’s “blood of patriots and tyrants” quote primacy, here’s another thought of his that has equal credibility and could well prove to be a lot less violent.

Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day.  - Thomas Jefferson in a letter to E.I. DuPont (24 April 1816).   

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The Right’s Second Amendment Lies


“Don’t Tread on Me”  fanatics attempt to tread on commentator’s 1st amendment rights.

freedom of speech muffled

Perhaps one of the most cogent and succinct statements ever made that defines a free society was the one that’s been attributed to Voltaire, the French Enlightenment writer and philosopher but actually originated much later through a biographer of his

I do not agree with what you have to say, but I’ll defend to the death your right to say it. 

It’s true that some people can say some harsh things in public that get under our skin and there are those statements that could lead some mentally imbalanced people to act on them, sometimes with deadly results.   But the right of free speech is guaranteed in our Constitution and when statements are made that are not to our liking we need to keep in mind that we are also guilty of offending other’s view with our beliefs.  How many of us have had to tolerate the drivel from right-wing pundits like Rush Limbaugh, Glenn Beck  and Ann Coulter?  It’s an inherent characteristic of a democracy.

Yet somehow this always seems to go over the heads of extremists within some religious and social groups.  The ideals that make America appealing to many around the world however are not always played out in reality here.  This isn’t something new either.  Even Alexis de Tocqueville, a great admirer of the American people eventually made this observation in one of his best known treatises early in the 19th century

I know of no country in which there is so little true independence of mind and real freedom of discussion as in America   – “Democracy In America” by Alexis de Tocqueville, 1831     SOURCE  

Things haven’t changed all that much after 175 years.  Today’s version of intolerance exists in great abundance amongst those who tolerate no criticism of their narrowly perceived views of God, guns, attaining wealth and the flag.  Step outside the restrictive definition they impose on everyone and your castigated as un-American, an atheist, a traitor and heretic.

If the Inquisition, the Salem Witch tribunals and full-throated McCarthyism were still operating today, these would be the people in leadership roles handing down sentences of death or ostracizing those who they deem unworthy.  If lynchings and tar and feathering were still practiced in society today these extremists would be inciting mobs and leading the angry crowds down the street.

Case in point.  Piers Morgan the British host of his own CNN program Piers Morgan Tonight, has upset some of those extremist by calling for tighter restrictions on guns in this country following the Newtown, Conn. massacre and calling a gun advocate guest on his program “incredibly stupid”.    In response to this, someone in my home state of  Texas (why is this not a shocker) initiated a petition calling on the U.S. government to deport the British citizen on the grounds that his view on guns is a “hostile attack against the U.S. Constitution” in regards to 2nd amendment.

Some have ludicrously claimed that unless Mr. Morgan is a U.S. citizen that he has no rights under our Constitution.  Though perhaps technically correct, it is the spirit of the law that is denounced here and thus a fallacious response.  Are such people unaware that Mr. Morgan’s homeland, Great Britain, is the origin of much that’s incorporated into our Constitution?

Freedom then, too often espoused by those on the right, simply narrows down to tight restrictive measures only they feel comfortable with.  There is no difference from this state of mind than there is with the Taliban ethos in Afghanistan and Pakistan or the measures iron-fisted despots like Pol Pot, Joseph Stalin and Adolph Hitler used to subdue any threat to their interpretation of who and what was vital for the society they envisioned for themselves and a few others.

extremists

The law we have established through our courts and legal system is the only protection we have at this time from the low-brows who file nefarious petitions or generate legislation to eliminate “undesirables” from their purist ideals.  Without these restraints it is conceivable that we could live under a rule where freedom would be nothing more than a word that conceals a hate and contempt for “those people” who don’t share the complete set of values imposed by extremists.

Already we are seeing forces around the country that alter the laws to invade the privacy of a woman’s choice to end an unwanted pregnancy or where brown-skinned people are subject to deportation if they don’t have the right documents on them when stopped to confirm their citizenship.  Thicker and higher walls are being erected to assuage the growing fears of those who see terrorists around every corner.

The reaction to Piers Morgan’s gun control comments is yet one more example of how efforts will be attempted by some to quash such freedoms of speech and limit our exposure to the diversity that makes up our world.  I worry that this state of mind gets way too much attention and creates a greater risk of becoming more assimilated into the public consciousness.

It doesn’t take much for some articulate, charismatic figure to motivate people who are looking for a scapegoat to blame for their set of problems.  We dodged a bullet in this last election preventing the small-minded people from convincing enough of us of things that exists only in their sick fantasies.  But history has shown that eventually a society reaches a level that makes them more susceptible to the twisted emotions of pathological “saviors”.  How long will it be before the persistence of those who incite enough hatred and contempt for perceived enemies separate us from that culture that our laws to date have prevented?

home of the brave

 


By and large, language is a tool to conceal the truth - George Carlin

 

 

The amplified political hyperbole that is increasing as the end of the political season winds its way towards the November elections leaves little to the imagination and with hardly any substance for critical thinking.  This art form, that has been mastered by the Republicans for the last three decades, has taught Democrats that they too must incorporate emotional language and over-the-top rhetoric to persuade voters to choose a side.

The claims by extremes on both sides of the political divide that generate bitter feelings become verbal daggers that injure and rupture the civil dialogue that struggles to get some footing in a conversation that should be helping us move forward as a nation in the 21st century.   But who and what motivates this form of communication, to what extent and to what end?

George Carlin sums it up pretty well

 

Carlin makes two cogent points that all of us need to assimilate into our thinking as we decide how we will vote later this year.

  1. “Politicians are put there to give you the idea that you have freedom of choice.  You don’t”
  2. What the “real owners” of this country (wealthy, corporate special interests) don’t want is “a population of citizens capable of critical thinking …”

Both political Parties appeal to the average American but both have too many deep ties to wealthy special interests.  Yet one more than the other has gone out of its way to serve this wealthy special interests above and beyond what seems sane.  Anyone who reads my blog regularly knows this comment is aimed at the GOP, the Party that’s lost their traditional ties with the values and ideas of Lincoln and Teddy Roosevelt and climbed on board the gravy train of the Koch Brothers, Goldman-Sachs, Rupert Murdoch, Exxon-Mobil and Richard Mellon Scaife.  Men and financial institutions who serve their profits and investors over the needs of a public left to fend for themselves when economic hard times hit us.  These are the people who foster the notion that “trickle down” economics really works and who put their vast wealth behind people and organizations who aid them in spreading this message.

Be very cautious then of those who use language that unflinchingly supports corporate special interests in the guise of being “free market” champions while denouncing government as an evil that needs to be shrunk to a size that can be drowned in a bath tub.  Claims by some of an out of control government are more likely to be fostered by those who would create a smoke screen to avert attention from those who themselves benefit greatly from government largess, such as the oil, coal and natural gas industries and many top financial institutions.

Honest application of free market principles along with reasonable restraints and some government oversight is the best combination to ensure greed will be kept in check and opportunity limited only by the people’s lack of energy and drive.  For those who would praise the business model as one by which we should all be governed, keep in mind that besides the fact that many businesses fail, such models do not seek to create a broad consensus but one that benefits and enhances the fortunes of just a few -  their owners and their investors.  Consumers only have a voice after the fact when enough of them come together as a force to prevent corporations from practices detrimental to their health and well-being, making the business model a reactive one rather than a proactive force.

 

Our Constitution does not, contrary to fanatical points of view, countenance unrestrained free markets, nor did the father of capitalism, Adam Smith.  There is no guiding “invisible hand” of the markets that can constrain the insatiable greed of those who monopolize our natural resources and the elected officials who do their bidding.

It is true that capitalistic doctrines do not guarantee that all of us will share wealth equally but it does hold that when the rules are applied honestly and within a reasonable competitive framework, there will be equality of opportunity for all who strive to earn a measure of wealth that sustains them and their family.

Many of those who claim to want to “take our country back” have made a pact with the self-serving interests of Ayn Rand-style, laissez-faire free marketers such as the astro-turf front groups Americans for Prosperity and Freedom Works that are heavily funded by Koch Industries.  They have allowed themselves to be enticed to relive an era that may have been simpler in so many ways but forget that it was a time when women  were considered second class citizens, blacks were still in bondage almost exclusively and only white, male property owners could vote.  They use the Constitution as a bludgeon to beat down those people who would argue that it is a living document.  Not as something that was etched in granite, but intended to “form a more perfect union” over time, implying that as the dynamics of our economy and culture changed, the flexibility of the law would adapt to the necessary changes to move forward in the future.

When you’re finished changing, you’re finished – Ben Franklin

 

The Constitution of the U.S. is worded in a broad defining language so as not to inhibit our future growth.  To presume that what it doesn’t specifically say can be interpreted as a statement that disallows a rationale look at issues unforeseen by the men of that time is to imply that the framers were troglodytes rather than the Renaissance men of vision they were  All of us need to be on alert from being lulled into an anti-government state of mind by people who promote the self-interest of a few over the general welfare of all people.

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Military enlistees affirm that they will defend the U.S. Constitution

Mitch Green over at New Economic Perspective recently composed a letter regarding the OccupyWallStreet movement that instantly grabbed my attention as a former military person.

As the occupy movement continues to grow in defiance of the heavy-handed police action determined to squelch it, a natural question emerges: What point will the military be summoned to contain the cascade of popular dissent?  And if our nation’s finest are brought into this struggle to stand between the vested authority of the state and the ranks of those who petition them for a redress of grievance, what may we expect the outcome to be?    SOURCE

We are currently witnessing in Egypt what Green’s word’s are implying can happen here.  Egyptian troops that helped the freedom movement in spring this year remove strongman Hasni Mubarek is now positioning itself between those citizens and the power structure that replaced Mubarak.  It seems clear that what’s going on over in Egypt is simply nothing more than the after effects of a political coup that used the legitimate concerns of the people to accomplish their ends.  One man is removed but the power structure that effected the heavy handed repression from the start remains in place.

In this country each person who serves our military signs an oath that puts them between perceived adversaries and their nation.

I, (NAME), do solemnly swear (or affirm) 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; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

As a former Marine I remember that oath but there was little consideration to the part then that referred to “domestic enemies”.  There was a war being waged halfway around the world in Vietnam at the time and our focus lay there as we spoke those words.

Yet today, we guard against internal threats perhaps more than we do foreign ones.  Home grown terrorist who are legitimate citizens spring up to support a radical foreign religious cause that aims to hurt innocent people.  Many within private militias around the country often exaggerate the threat of government and plot to oppose what they see as a police state mentality at every turn.  These internal enemies arm themselves with weapons that kill and do indeed reflect “domestic enemies” that men and women in uniform have sworn to fight in defense of their country.

But what of these citizens who pose a threat not to the general public but to the power structure on Wall Street and their allies in government?  These citizens carry no weapons but the words that speak to a relevant truth which affects us all.  There are those in the corporate media that would portray the OWS movement as nothing more than anarchist out to destroy capitalism.

When one really reads what the movement is actually saying however it becomes clear that these people are not out to destroy capitalism but defend it against a small elite that use it for its purposes to the detriment of the vast majority of working Americans; many who have seen their dreams of home ownership and economic opportunity slowly diminish while 1% of the income earners in this country continue to increase their gains.    Many of them do this by expending much of their vast wealth to buy sources of media and politicians while establishing and funding astroturf organizations as a pretense that there concerns are really nothing more than the “will of the people”

So what can we expect of our military when it inevitably comes to that point where they are “summoned to contain the cascade of popular dissent”?  Will they defend the principles of the 1st amendment as we saw with many vets in New York earlier this month?   It’s one thing to take this stand however as a vet, no longer under the direct authority of the military, and those service men and women who are currently serving.  Green’s comments about this makes one feel uneasy.

Just as a training collar keeps a dog in check, a highly militarized police force responds mercilessly, sharply, and without hesitation with an array of chemical warfare and thuggish brutality.  And where they fail, divisions of soldiers stand ready to deliver a serious and painful lesson to all who demonstrate their unwillingness to wait for democracy.

Oaths have significance for those who take them and there perhaps is no greater oath that says you will lay your life down for your country in its defense.  But perhaps this is the key component that many active service members need to take into account if it ever comes to them being faced with fellow citizens who themselves are trying to save this country from what they fear is a plutocracy.

First and foremost in the oath’s affirmations is the vow to “defend the Constitution of the United States”.  The 1st amendment of that Constitution allows citizens the right … to peaceably … assemble, and to petition the Government for a redress of grievances. It is expected of coursed that such actions should be within certain parameters and non-violent.

When the representatives to the constitutional convention met in May of 1787 they were very mindful of the violent rebellion that bears the name of the one who initiated it less than a year earlier; a former continental army soldier named Daniel Shay.  Shay’s Rebellion was a reaction to the failure of the new government to compensate those who fought in the revolution with many of them losing their homes and personal possessions as a result.

The original oath of enlistment under the new Constitution was worded differently then than it is today regarding the part that asks that those who serve will “support and defend the Constitution of the United States against all enemies, foreign and domestic.   This 18th century version (changed later in 1960 to its current reading) simply said “I, ____ do solemnly swear or affirm (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, against all their enemies or opposers whatsoever…”.  The pre-Constitutional wording  of the oath of enlistment had even less implication of defending “against all enemies, foreign and domestic.”  It simply read that all enlistees would “conform, in all instances, to such rules and regulations, as are, or shall be, established for the government of the said Army.”  Shay’s Rebellion made it clear that the new government may indeed need to protect itself against “enemies” within our own borders.   But one could argue that it was defending the interest of the propertied class as well as trying to preserve the newly formed central government.

Peaceful protest at Kent State that criticized Nixon’s decision to invade Cambodia back in 1970 turned violent when some amongst the protesters torched public and private property

This bit of insight on the oath is important for those active military who may have to decide whether or not they would be violating their oath if they decided they could not follow the commands of their superiors, including the Commander-in-Chief, when called to put down the actions of a peaceful demonstration by OWS protesters.  This insight also should make it clear that OWS protesters must do everything in their power to make sure their protest remain non-violent and within the parameters suggested in the 1st amendment.

The excuses used thus far by police departments to clear such encampments at Zucotti Park in Manhattan as well as numerous other OWS encampments in major cities around the country encompass the notion that these camps generate health issues and harbor “rabble rousers” who have destroyed property.  There is no clear evidence from a thorough investigation that has nailed this view yet.  But clearly the use of tear gas and billy clubs by police on protesters, that videos have shown posed no physical threat to the police, demonstrate that there is a mentality here that cares less about these protesters’ constitutional rights than it does about physical tactics to comply with orders from those in the upper echelons of local governments that issued them.  We need to look clearly at those who issue such orders and try to determine not only their real motives but their ties, if any, with those who are being targeted by OWS protesters – the one-percenters.

A non-violent protest by peace activist protesting the Vietnam war being confronted by military police back in the early 1970’s

If in fact the protesters are non-violent and amenable to reasonable request by authorities to avoid impinging on the rights of property owners, there is a good case to be made here that tactics that utilize physical force by police or military are in fact a violation of the 1st amendment.  Thus, if active duty military are called up to assist local police officials in caroling the protesters by such means, each man and woman in uniform, it seems, would be hard-pressed to feel obligated to follow such orders.

We must encourage our men and women who serve to defend our rights as American citizens to be on the guard that they do not become pawns for a wealthy power bloc that will try to portray these protesters as enemies of the state from what they really are – citizens exercising their constitutional rights.  Honor your oath where those would do harm and damage to others but make a clear distinction between them and those who simply have grievances against a very small percentage of people who circumvent our laws and exploit elected offices in this country to enhance their own positions.

 

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The GOP’s Oath to the One-Percent


Because some things remain constant, they can serve the self-interests of people in positions of power and wealth to the disadvantage of the very people who are unable to change.

I have as of late been caught up, so to speak, in the pages of history.  Having just about finished my read of Richard Beeman’s great historical account of the men and events that surrounded the 1787 Constitutional Convention,  “Plain, Honest Men: The Making of the American Constitution”, followed by a review of Ken Burn’s 9 episode Civil War documentaries through my Netflix account, I have discovered a common thread that exist throughout this 230 plus year period.

There has been little changed in the ideologies of those referred to as the Antifederalist of the late 18th century period, those dissenters who supported secession in the mid 19th century, and that mindset carried forward into the 20th century as the civil rights opponents fought against social justice for the poor, elderly, women and minorities, especially blacks in this country.  The sentiments of such people then can be soundly heard even today in those mix of people in right-wing fringe groups, where most seem to coalesce around the modern day Tea Party.

It’s a voice that originally arose out of the need to break from the shackles of suppression from the very real wealthy and powerful autocratic rulers of a bygone era most often referred to as kings, emperors and czars.  These forms of governance arose over man’s long evolutionary expanse from small cave dwellers to vast ancient cultures.   Always a part of this evolution was the strong urge to protect one’s self-interests.

In the beginning small groups always gravitated around the individual who showed the greatest combination of strength, wisdom and courage and the weakest among them were supported by all.  But as civilization expanded and societies developed beyond the small clans of earlier times, the concept of a strongman ruler took off in a direction that tended to forget the needs of the weakest elements in society but always retained a strong sense of self-interests

The strongman ruler concept became intertwined with the religious views of a culture and thus became a positioned supposedly ordained by God himself.  But increasingly over time men began to think outside this box and with the writings of great social thinkers like Hobbs, Rousseau, Burke, Mills and Hegel, notions of democracies and republican forms of government were explored in the hopes that those common people who had always been subject to the whims of monarchies and tyrants could in fact have greater control over their own lives.

For so long ingrained in the minds of people and the writings regarding autocratic rule,  personal freedom was something that few fathomed possible.  But once achieved it persisted heavily in some to the point that any notion of “authority” was viewed as bad or potentially evil.  This was the mindset of most of the men who met at Independence Hall in Philadelphia that summer of 1787.

They came together, many thought, to tweak the Articles of Confederation that would allow the separate states to act more in unison on some issues like trade and defense.  Others though, like James Madison of Virginia, James Wilson of Pennsylvania and even Charles Pickney of South Carolina came to form a more centralized authority.  There was great virtue in the need to form a “more perfect union” of states but to many, like Luther Martin of Maryland and Elbridge Gerry of Massachusetts, there was that ingrained fear that certain liberties would be lost and lead to a slippery slope back into the abyss of one man rule.

Though many in the South saw the need to centralize authority they did so only after they had gained exemption for their use of slaves and the provision that export taxes would not be levied on the cotton, rice  and tobacco products that were economic staples for this region.  Their self-interests were in control of any higher notion of free and equal status for all people and much of what was offered to create this government from all the delegates centered primarily around property and wealth, especially that of those who already had much of it.

So determined were those states to preserve slavery and the equal determination of some in the Northern states to abolish it that had their not been some sets of compromises to tap dance around this critical issue, the document that is the law of the land today for us may well have never come about.  By kicking this can down the road however, feelings would mount so strongly on both sides that Southern plantation owners, and by default, almost all white people in the South would feel threatened by  Northern abolitionists.  So strong was this fear that it overflowed into a demonization of all people in Northern states.  To most any white Southerner then all “Yankees” were to be despised,  not just as agents of anti-slavery movements but as everything personified that would take from them their liberties and their very way of life.

 

It was this latter feeling about personal freedoms being lost again that became inculcated and eventually became expressed in forms of animosity that often exceeded rationale thought.  It was to become a hot button so sensitive that just the mere mention of it would rile people to action that often ended with property destruction or death for some.

James Wilson, one of the Convention delegates from Pennsylvania, felt this wrath in 1779 from local militiamen because he dared defend some of those people who were viewed as “royalists”.  A crowd attacked his home and killed an associate who was there to help with his defense.  According to the account of the incident by Richard Beeman,  “a melee of confusion, gunfire and bloodshed [ensued] that only ended when the president of the state government, Joseph Reed, appeared at the head of the  city’s elite militia unit, … and moved in to quell the riot.”  In the end 4 militiamen died and 14 others were wounded, including some of those who came to Wilson’s aid.

Skip forward 75 years later and the same kind of hostility exposed itself on the floor of the U.S. Senate.  After referencing several senators who supported slavery as the issue was being debated in Congress, Norther abolitionist, Charles Sumner was attacked by Representative Preston Brooks of South Carolina, who had a history of violence, beating Sumner severely with his cain until his colleagues could pull Brooks away.  In 1861, Edmund Ruffin, an ardent advocate for states’ rights, secession and slavery, is said to have fired the first shot at Fort Sumter that started the Civil War.  He hated the yankees so deeply that when Lee surrendered 4 years later, he killed himself and left a note saying that with “my latest breath, I here repeat, & would willingly proclaim, my unmitigated hatred to Yankee rule—to all political, social and business connections with Yankees, & to the perfidious, malignant, & vile Yankee race.

Today, this hate that manifest itself often in violent action towards perceived threats to one’s way of life is aimed at liberals, gays, “godless” abortionist, illegal aliens and the federal government.  The states’ rights mentality that threatened the lives of James Wilson, Charles Sumner and Union soldiers at Fort Sumter lives today by the likes of those who shoot policemen, abortion doctors, and judges who make rulings not to their liking.  But the bigger sin lies in the fact that many who would pretend to be upset over such hostile actions are secretly supportive of such animosity

On the surface it appears that each time there was social change pushed in this nation that those who held the wealth and political power were most likely the ones who felt threatened by it and thus put their financial strength and social status on the line to fight it.  To win people over to their side the notion that states’ rights and personal liberties were being threatened would be invoked by these people.  This strong sense among many that there are those out there trying to destroy their way of life is often used by those who are merely guarding their own self-interests, especially those wealthy individuals that fear mob actions, unless of course it is turned against those who would diminish their vast fortunes.

These special interests have organized and created astroturf organizations to appeal to this base instinct of violence.  We see them motivating this reactionary force in America to cover their need to denigrate those who would impose legislation and restraints on their power moves.  They have bought out major media sources and diminished them to corporate message boards that not only flame the fires of anti-government, anti-gay, and anti-liberal ire but condition viewers to consume junk that floods our landfills and adds to the contamination of air, water and good farmland.

The images of hateful Tea Party types today, exploited by corporate self-interests, have their roots in the vitriol of many states’ rights advocates in early U.S. history.  During the process of ratifying the U.S. Constitution, former delegate to the  constitutional convention and avid anti-federalist, Martin Luther, falsely claimed that some of those founding fathers that framed the constitution were in favor of a “kingly Government”.  John Mercer, who would later become Maryland’s governor also falsely claimed that convention delegate John Langdon of New Hampshire was eager to crown George Washington “despot of America”.

This type of misinformation is alive and well today on right-wing talk shows and especially in the commentaries of many FOX News pundits.  It’s intent then as it is now is to create straw man arguments and a smoke and mirror environment to prevent a unity amongst citizens today that would hold the feet to the fire of those who continue to capitalize off of the special interests of so-called entrepreneurs.

This isn’t about the evils of the profit motive.   Profits in and of themselves are not evil.  It is about those whose industries threaten human health and well-being -  from the adverse effects of fossil fuels and bogus financial products to the control of health coverage that promotes profits over people – by spending too much of their profits to sustain their harmful ways.

Their efforts to battle those changes that seek to correct the abuses they have imposed on the general public include the tactics and fear that come from an era when such practices seemed more justified than they do today.  The new despotism however is not monarchy but corporatism and it battles it’s rival, a government “of the people” by suggesting that we all have the same self-interests and share the same risks; something we all know deep within ourselves isn’t true but which many cannot come to admit openly.


When people preface their remarks with words that essentially demean and denigrate the ones they are fixing to disparage, it’s usually a pretty good indicator that they lack an all-encompassing view of the subject matter themselves.  It further indicates that the writer is about to make us aware of how superior he or she is to the one who has incurred his or her ire.  Such is the case with conservative columnist Walter Williams’s recent attack on the what he sees as part of a “leftist agenda”.

To undermine the comments of someone and assume their take on things is from some less intelligent and informed mindset is to presume that there are absolutes that are easily perceived and capable of being clearly defined.  This is seldom the case and most surely is in Mr. Williams attack of Time Magazine’s piece by Richard Stengel, “One Document, Under Siege”.

Without going item by item on Mr. Williams assertions about what the Constitution does and doesn’t say as he attacks Stengel’s piece, I would like to point out his overall shortcomings on a single aspect of this revered document that Mr. Williams addressed in his previous column here.

My column last week addressed the compromise whereby each slave was counted as three-fifths of a person for the purposes of determining representation in the House of Representatives and Electoral College. Had slaves been counted as whole people, slaveholding states would have had much greater political power.

This is pretty much a fact based on what I have read concerning the issue.  What Mr. Williams seems to be getting his dander up about is that Stengel and others appear to be using this status given to slaves by some of the founding fathers as a derisive commentary aimed at their moral character, at least as we understand slavery today.  This may have been assumed in Mr. Williams “absolutist” take on such comments but it is far from an objective perspective.

What Richard Stengel and others are referring to when they point out that our constitution was written by less than perfect people, who were none-the-less “plain, honest men”, saw things then as their world allowed without much condemnation.  Many of those who proposed the 3/5’s allotment for slaves were themselves slave holders but were opposed to the institution of slavery.  Yet all of them held heart-felt views then about blacks that would undoubtedly be viewed as extreme racism today, even by the likes of Walter Williams.  None of these white aristocrats felt that blacks were capable of becoming the white man’s equal.

In his excellent book – Plain, Honest Men: The Making of the American Constitution – about the 1787 Consitutional Convention and the delegates who assembled there, Richard Beeman points out a factor that Walter Williams either overlooks or expediently dismisses:

“The three-fifths compromise was, fundamentally, about states individual interests, not the morality of slavery.  Those few Northerners like Gouverneur Morris, Rufus King, or Elbridge Gerry who voiced unhappiness with the idea of counting the slave population in apportioning representation did so either out of a fear that Northern interests were being sacrificed to those of the South or, as James Wilson phrased it, the ‘disgust’ that their white constituents may have felt about being considered even in the same category as slaves.  [...]  many Northern delegates were merely uncomfortable with the idea of being associated in any way with slaves.  That uneasiness was generated at least as much by a deeply seated racism as by any humanitarian concern about the plight of enslaved Africans.” (p. 214)

This is not to discredit these men whose intelligence and insights were formidable and rose above many of their contemporaries.  It is merely to point out, as Richard Stengel does quite capably, that had these men the power to see the future as it is today, they would be astonished at how far we’ve come and how puny their notions were in comparison.  This concept will apply to our best and brightest today by those who look back at us 230 years later and wonder why we held women in such low esteem and treated homosexuals as inferior, much like Madison, Washington and Jefferson did with the black people during their time.

Stengel’s argument, that William’s has lost sight of, is to remind us all that the Constitution was written at a time when the things we need to address today were not even around to consider back in 1787.  It was also written by a select group of white males who were for the most part well-educated and wealthy land owners.  Not exactly a representative sample of the general population then or now nor one by which all factors could be evenly weighed.

But Mr. Williams, in his absolute certainty about “liberal leftist comments” and their agenda to destroy his sense of American values, has refused to consider this perspective.  He misses Stengel’s argument that this great document which opened the door for personal freedoms around the world, was much more a compromise document than he seems willing to acknowledge and was meant to correct the major deficiencies of the earlier Articles of Confederation.

In it is the room to expand the rights of it’s citizens and check the abuses by self-centered interests of the states and powerful individuals, a condition that drove all the Constitutional Convention delegates, especially Mr. Williams’ favorite – James Madison – to form a more perfect union by creating a central government with broader powers than the states had allowed following their defeat of the British army.

The fact that they compromised and allotted a 3/5 human status to slaves then does not make these men monsters, considering the social and political environment of their day.  But noting that they felt superior to blacks does indicate that had we continued to hold such wrong and dated views today, we may not have become that “shining light on the hill” conservatives are eager to promote.  This attitude changed as a result of the social dynamics we faced as a nation.  A document that doesn’t recognize that need to change is not worthy of the esteem Mr. Williams feels it deserves.


To listen to many within the movement that has become the Tea Party in this country you would think that they have an inside track into the thinking of all those responsible for founding this country, especially those 55 men who sat in Liberty Hall in Philadelphia for 4 months in 1787 and composed the document that is the basis for the laws of our land today – the Constitution.

In general the Tea Party is basically right when they say that many 18th century Americans were concerned with a strong distant, centralized power and decided their rights would be better represented closer to home in state government, but their fear centered around the British Royalty they had recently won their freedom from, not an elected government.  After forming a confederation of independent states it became clear to astute men of politics then that the loosely aligned “countries” were actually weaker than if they were more united under the auspices of a central power.

Much of what we hear from Tea Partiers today about James Madison, Benjamin Franklin and George Washington reflect a pre-revolutionary attitude about states rights.  Once they had gained their independence from Great Britain however it became apparent that commerce, infrastructure and dealing with a foreign threat needed a cohesive front from all of the states and a power that would over-ride parochial concerns and interests.

A closer look at history will reveal that a degree of chaos and uncertainty plagued the new states and many of the leaders who would later call for a central, National government.

The truth is that the disputatious founders — who were revolutionaries, not choir boys — seldom agreed about anything. Never has the country produced a more brilliantly argumentative, individualistic or opinionated group of politicians. Far from being a soft-spoken epoch of genteel sages, the founding period was noisy and clamorous, rife with vitriolic polemics and partisan backbiting. Instead of bequeathing to posterity a set of universally shared opinions, engraved in marble, the founders shaped a series of fiercely fought debates that reverberate down to the present day.   SOURCE

Richard Beeman, professor of history at the University of Pennsylvania, has authored an excellent account of those summer days nearly 230 years ago when, in the words of Pennsylvania delegate Gouveneur Morris, “plain honest men” met in Philadelphia in 1787 to give us a national republican-form of government.  Beeman reveals much about the time and the people of that age, but it also provides some great profiles on most of those 55 delegates from 12 states (Rhode Island refused to participate at the Constitutional Convention) who hammered out compromises to form a document that has endured the test of time.  But endured though it has, it seems to be little understood by many today, especially by those who never tire of telling us what the founding fathers intended.

Secretary of State James Madison, who won Marb...

Image via Wikipedia

In honor of the nation’s upcoming birthday where they declared their independence from the British monarchy on July 4th 1776, I have taken some excerpts from Beeman’s book, Plain Honest Men: The Making of the American Constitution, that will generally conflict from what we hear today of those less knowledgable about America’s early history but tend to represent their most vocal contingent.  (All bold emphases are mine)

  1. Nearly all the of the delegates at the convention were somewhat distrustful of giving “the common people” a direct say in the affairs of government.  Though citizens today vote directly for their representative, Senator and their choice for President, this is the only democratic aspect to our form of government.  We are more a Republican form of government whereas once we elect officials we essentially give them the authority to make decisions that will hopefully most closely reflect the voters’ views.
  • Elbridge Gerry of Massachusetts feared the common man’s popular passions.  He was deeply suspicious of the “democratic excesses” in the Constitution and ultimately refused to sign the document.
  • Pierce Butler of South Carolina “thought an election by the people an impractical mode” and felt “property, including slaves property, should be the basis for representation in the new government”.
  • Roger Sherman of Connecticut felt “the people at large will never be sufficiently informed to make a wise choice”.
  • Gouverneur Morris of Pennsylvania said, “Give the votes to the people who have no property and they will sell them to the rich who will be able to buy them”. (p.279)

2. Unlike the stoic images we see of James Madison, his brilliant mind was offset by chronic “suffering from a combination of poor physical health and hypochondria, and [was] painfully awkward in any form of public speech.”  (p. 24)

3. Contrary to what some Tea Party advocates insist today, Madison was convinced that the weak central government of the Confederation posed as serious a threat “to liberty and, equally important, American unity” as those threats they faced by taxation from “a distant, overbearing imperial government and the unbridled exercise of power by royal governors.”  (p. 27)

4. Madison’s efforts to form a national government evolved from his concern for how state governments “had overreacted to prior abuses of power by British and royal governors.  He felt that the states “frequently enacted ‘vicious legislation,’ too often prompted by the whims of public opinion rather than sober reflection”.  One such whim was that of fellow Virginian and patriot Patrick Henry who tried “to derail the passage of Thomas Jefferson’s Bill for Religious Freedom, a move that threatened to undermine one of Jefferson and Madison’s most cherished principles – the separation of church and state”.  (pp. 27-28)

5. The two-house legislature, the senate and lower House, was a concept derived from the British parliament where there was “an ‘upper’ and ‘lower’ chapter – an elected House of Commons and a hereditary House of Lords”.  Though Madison’s Virginia Plan “rejected the English notion of a hereditary upper chamber”, the concept was appealing to many Convention delegates because “it reflected a continuing belief in the traditional English idea of rule by a virtuous few”.  (p. 89)

6. Originally the democratic practice we exercise today by electing the President through the popular vote was not considered.  Instead the position would be selected by a “national legislature” and it wasn’t clear to all of them whether this should be “a single person or a group of people”.  Again, the founding fathers at the Convention were concerned about allowing the common people to elect “the country’s most able and thoughtful citizens” feeling that only people like themselves, “wise and knowledgable people” would be better suited to select the executive.  In the end they compromised and proposed the electoral college system we now have today where people would vote for their Presidential candidate but selected electors in each state would actually make the final determination.

7. Gouverneur Morris of Pennsylvania was one of the delegates at the convention who felt strongly about a national government.  The weaker Confederation federal government, Morris felt, “ was nothing more than a ‘mere compact resting on the good faith of the parties’ whereas a supreme, national government. would possess ‘a compleat and compulsive’ power.  ‘In all communities’ he contended, ‘there must be one supreme power and one only’.  It was essential to locate sovereign power in the national and not the state governments if America was to be a nation worthy of the name”.  (p. 101)

8. Ron Chernow, the author of “Alexander Hamilton”,says that there’s a belief among many Tea Party advocates to adhere to the judicial doctrine of originalism — i.e., that any interpretation of the Constitution must abide by the intent of those founders who crafted it.  However, we learn from a rough draft of the Constitution, written by Virginia’s Edmund Randolph, two principles were laid down “that, while they never appeared in the final report of the Committee [of Detail], seem extraordinary in their wisdom and foresight more than two centuries later”.  They were

  1. to insert essential principle only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events, and
  2. to use simple and precise language, and general propositions, according to the example of the constitutions of the several states. (For the construction of a constitution of necessarily [sic] differs from that of the law)

The first gives credence “to contemporary jurists and constitutional scholars who argue that ours is a ‘living constitution’ that must be interpreted in the light of changing times and circumstance, while the second supports the notion of those today “who argue for an ‘originalist’ interpretation of the Constitution”  (p. 270)

Thus we have clear evidence here that there is and was no absolute rendering of how the founding fathers “intended” the Constitution to be interpreted.  Clearly from Randolph’s view it was meant to be open-ended to a certain degree that would accommodate those situations in the future they assumed would have no bearing to their way of life then.  One delegate couldn’t even envision that the nation he helped found would still be around today.   Nathaniel Gorham of Massachusetts doubted that the United States of America would remain one nation beyond 150 years.

Ron Chernow tells us in his NY Times Op-ed piece that “Dutch historian Pieter Geyl once famously asserted that history was an argument without an end”.   We see this playing itself out today as those within the Tea Party continue to cherry-pick the information from a select few political leaders in our early American republic who were fearful that a nation ruled through a powerful central government would devolve into a repressive regime as they experienced under George III of England.  Reality has not caved to such fears but that doesn’t prevent them and others from suggesting that such can occur, but only of course when their political opposition have primary control of most or all of the branches of government.

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