More strikes against democracy and our Constitution being our self-evident truth
“In a functioning liberal democracy, Trump would be seen
right now as a once-in-a-century kind of monster, his despicable assault on our
democracy a turning point for the GOP in coming to its senses. He would be a pariah far beyond what Nixon
was in 1974 – untouchable, toxic, despised.
His grotesque and corrosive lies about the election are disqualified on
their face. But our liberal democracy is
extinct after four years of Trump. We
are in a tribal war now, in which our democratic institutions are mere tools
for the conduct of hostilities.” Andrew
Sullivan, AndrewSullivan@substack.com
(printed in The Week magazine 1-7-22).
Mr. Sullivan missed the fact that “our democratic
institutions” have always been “mere tools for the conduct of” corporate
business, the rich tweaking the system, and the military-industrial complex
getting what cannot bring us real security. The masses of “we the people” are either too
comfortable, distracted, or ignorant about citizen power to use it for making
our nation (and the world) ‘a more perfect union'.
Only about half of us show up to vote each election. And most votes are based on emotions
stimulated by one or two concerns. Emotions exacerbated by the cognitive
dissonance linked to tribal instincts. A
deep dive without bias into vital issues facing humanity are rare. I’m guessing fewer than 2% of us actually ‘petition’
grievances directly with their elected officials those six hundred plus days
between elections. Protests, actually
petitions, and riots have not worked.
Being in inspired by a better vision for humanity's healthy and sustainable
future must be done in face-to-face meetings with constituents using loving persistence...not
anger or hate-filled rants as deserving as they may be.
Yet we are shocked and in despair that things are not
working as we want. Too often what we
want is not what we or our children and grandchildren need. We fear “losing our democracy” forgetting that
Hitler was elected to his first position of power. Even when
a vast majority get what they want there is no guarantee the fundamental human
rights of any minority wouldn’t be abused.
Or their families terrorized by death threats or slaughtered. And that’s even likely without a democracy.
What we really need and should desire above all other forms of government is
the Rule of Law.
The Rule of Law is a phrase we frequently hear, but few can list
its fundamental elements as well as Supreme Court Justice Antonio Scalia. Over 20 years ago in a C-span interview before
an international audience, he was asked “what makes the Rule of law effective?” He replied it requires three basic elements. First, the laws need to be made and enforced
by a democratic process. But that’s not enough. [which should be a painful
self-evident truth to anyone now paying close attention to the withering of our
increasingly imperfect union], Second, the laws need to be applied equally to everyone. Third, the laws need to be protective of people’s
inalienable rights.
Note that our Constitution only provides us with a legal
framework for making laws. The Supreme
Court, most lesser courts, or the Department of Justice interpret laws based on
it within the framework of federalism or national sovereignty. Not the concept of “justice for all” as every
American has pledged repeatedly before our flag.
True American patriotism would be based on the fundamental
principles expressed in our nation’s profound founding document, the Declaration of
Independence. What Abraham Lincoln once
wrote, was our “Apple of Gold”. He labeled
the Constitution as it ‘frame of silver’. A true American
patriot would see (and behave) as if ‘America’ were an ideal. Not a varying collection of independent states
increasingly divided internally and increasingly less likely to form a more
perfect union.
If we did this, we could truly inspire others in the world
to do the same. Instead of converting
more and more to violent extremists willing, and increasingly able, to undermine
our nation’s freedom and security. And
better able to protect the sustainability of our collective environmental infrastructure
which every human, economy, democracy, kleptocracy, dictatorship depends on to
survive and thrive.
The evolution of weaponry, viral variants, conspiracy theories,
and terrorism requires the adaptation of government systems and structures in order to avoid
accelerating chaos and inevitable extinction.
It will require a comprehensive plan and effort to achieve the
17 Sustainable Development Goals before its 2030 deadline. Perfecting democracy will NOT get us
there. Only the perfecting of the Rule
of Law globally can. Thomas Paine in
his pamphlet “Common Sense” stated “Here then is the origin and rise of
government; namely, a mode rendered necessary by the inability of moral virtue
to govern the world; here too is the design and end of government, viz. freedom
and security. And however our eyes may
be dazzled with show, or our ears deceived by sound; however prejudice may warp
our wills, or interest darken our understanding, the simple voice of nature and
of reason will say, it is right...I draw my idea of the form of government from
a principle in nature, which no art can overturn, viz. that the more simple
anything is, the less liable it is to be disordered, and the easier repaired when
discorded; and with this maxim in view.”
He wrote these words about the “constitution of England”.
I believe If he were alive today he would be saying the same
about ours now.