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On This Constitution Day, Is There Any Hope For Our Founding Document?
It’s Constitution Day! My husband is off giving a paid speech at a midwestern university. It turns out the Feds require some sort of recognition of the day in higher education. I’m happy enough that our family can profit by this, but distressed about the bureaucratic overreach that demands it. He first wrote an interesting speech detailing the parallels between our own contemporary circumstances and the decline of the Roman Empire, but when the organizers emailed the program, it turned out he was supposed to talk about his latest book, The Rise and Decline of American Religious Freedom. Doh. I guess the other speech is destined for a magazine or SSRN or something.
Anyway, I’m curious to hear what you all see as the future of our wonderful Constitution. It has been nearly buried by the bureaucratic state, overweening judiciary, and imperial president. We the People seem to have been lost in the shuffle.
Do you think there is any way to reinstate the Constitution as our guiding American document and give the power back to We the People? I will admit that the undelivered speech was not very optimistic. When he related it to me a few weeks ago in a practice run, I told him that he could not end his speech on such a negative note — though his law professor colleagues told him it was too optimistic.
Ricochetti, I ask you to give me some hope. How can we escape the bureaucratic landslide that is burying all that is best about our nation? Tell me there is hope for the Constitution on this day set aside to celebrate it.
Published in General
Well yes–deists at least have some humility, unlike progressives, who like to think they are the all-wise masters of the universe.
Yeah, for sure. He didn’t like Catholics…
That’s a thought–instead of a constitutional convention, some serious work to define terms in a limited way. I do think technology has made everything incredibly complicated though. Much as we love it, it allows all kinds of stuff to happen that was never possible in the founders day, clear up till the very recent past. Humans have not yet learned to manage their creativity very well, because we like to think that if we can do it, we should. And modern ethics are pretty sorry, especially when coming from those who have turned their noses up at religion. Those people are scary.
I’m an optimistic person at heart and I think you are right that if we could start down the road and see the success, it might be possible to continue down the road. I do think we must soon come up against the reality of the huge debt, which might prove to be a good thing if it shrinks government.
We don’t need a “constitutional convention.”
We had a constitutional convention in 1787 and it produced a magnificent document. Unless the goal is to abandon our constitution, we don’t need a convention to write a new one.
We need to amend the Constitution, however, but that’s accomplished within the Constitution (specifically, at Article V).
The Framers anticipated the problem we face—a power hungry, out-of-control federal government oppressing individual liberty and undermining our ostensibly sovereign state governments. They didn’t anticipate this would come about through informal Constitutional amendments imposed by mutually reinforcing judicial interpretations, executive regulations, and national legislation. However, that collusion among federal officials could be the source of oppression was fully comprehended by the Framers.
The Framers also understood that for those abusing power reform is never adopted; it’s imposed. Washington will never reform itself. So the Framers’ Constitution ensured the sovereign people have a mechanism for overcoming Washington, D.C. This mechanism results in formal amendments which always trump informal amendments.
So, we need what’s referred to in Article V as “a Convention for proposing Amendments,” but is commonly known as a “convention of states” or an “Article V convention.”
Some of us are working hard right now to bring about an Article V convention. But we can’t do this without you; please join us here: Convention of States Project.
That’s what I meant.
Sounds like a good idea. Also, Charles Murray has good ideas for beating back the regulatory state in By the People.
Milt Rosenberg interviewed CM about this new book on 7 July and it is presumably still available among Ricochet’s podcasts. [:-) You’re right, it deserves a serious read (which is true of everything CM writes, of course!).
My sense was CM is advocating a kind of guerrilla “lawfare” against the bureaucracy. I think we need structural change instead. What makes the Convention of States effort so important is that it will result in fundamentally changing the rules of the game. We will impose fiscal restraints on the federal government, reduce its power and jurisdiction (by spelling out what the Commerce clause means, for example), and implement term limits on federal officials. We can’t end federal tyranny unless we amend the Constitution.