Posted by
elko-mike on Saturday, September 12, 2009 5:23:47 PM
The idea of a living Constitution is more annoying than almost any political thought. The essence of the argument is that times change and society is very different than what it was at the time the Constitution was written. Since times and society change the rules specified in the Constitution must change also. Baloney.
The Constitution is a contract between the government and its citizens. A party can't just change the terms and conditions as they wish. There is a process for changing contractual agreements. In the Constitution, Article V, the Founders provided two means for changing that agreement. I would hope that all of us who revere the Constitution can agree that when it is time to change the document we should do so with the means provided in that document.
The Republican form of government, created by the Founding Fathers, was designed around the characteristics of people and that is timeless. Their objective was to create a system of government that constrained the tendency of some men to limit the freedom of others. That system is timeless because of its structure and because it was constructed with human limitations in mind. The wholesale, ad hoc, and illigitmate changes, using expansive legal constructions, are not what the Founders had in mind.
I was reminded of this idea while watching Glen Beck talk about the Tea Party goers today (9-12-09). He was passionate, as always, and was talking about how we had to dispatch good people to take the government back. We had to rely on the goodness of people to set it right. While it is true that people in the main are good, the framers did not want to rely on the goodness of man as they knew that not all men are good. Rather they wanted to create a system of government that kept man's proclivity to acquire power in check. Glen's appeal was misplaced. If we are going to take our government back we need to fix the systemic problems that have crept into our government since its founding.
Let me provide one example of the problem. In crafting a Federal Government stronger than the one defined in the Articles of Confederation the Founding Fathers struggled with the power of states as individual entities. If each state had an equal vote in the Federal Government then the smaller states had power greater than their population. If each state's vote was in accordance with its population then the states with the greatest population would dominate the Federal Government. In the Connecticut Compromise the Founding Fathers decided to create a bicameral (two chambers of Congress) legislature. Seats in the House of Representatives were allocated in accordance with a state's population and each state was granted two seats in the Senate.
In this arrangement the people's representatives are in the House and the state's representatives are in the Senate. This concept of the Founding Fathers carefully balanced the concerns of the people with the concerns of their states. It also served as a check on the power of the Federal Government.
The 17th Amendment shifted the balance of power towards the Federal Government by changing the way that Senators are elected. Originally they were elected by a State's legislative branch, which meant they were beholding to the state government for their employment. The 17th Amendment provided for a direct election, by the people, of the Senators. At this time Senators, as with House members are elected by the people.
This alteration of the balance of power between states and the Federal Government is one of the reasons the Federal government's power has grown. Senators, as with House members, now bring goodies home to their constituents to aid them in their re-election. Senator Byrd from W. VA. has bragged that he was that state's first billion dollar industry.
Returning to Beck's error, what we as Americans need to fight for is a return to a system of government that holds in check the tendency of people to accumulate power. Rather than look for people who are basically good -- nothing wrong with that -- Americans need to work to repeal the 17th Amendment and restore one of the checks and balances that was originally in our system of government.