More strikes against democracy and our Constitution

 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.