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A republic, if we can keep it
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A republic, if we can keep it This post is a refresher for those who forgot, and an eye-opener for those who do not know, why we Americans have the Constitution we now have. In the wake of the United States declaring independence from Great Britain on July 4, 1776, the Second Continental Congress had to set up a new governing structure. The new scheme of union was greatly influenced by Benjamin Franklin's observations of the Iroquois ( Haudenosaunee ) Confederacy, the oldest participatory democracy on the Earth. On July 12, they began drafting the Articles of Confederation and Perpetual Union. The final articles were sent to the states for ratification in November 1777, and were not fully ratified by all 13 states until March 1781. The Articles of Confederation had severe flaws, among them that all states had to approve amendments, the federal government (the Congress of the Confederation) had no agencies nor enforcement power (especially in matters such as taxation, commerce and foreign policy), could not force the states to honor the military pensions granted by General Washington for the Revolutionary War veterans, and could not resolve disputes between the states. (These same flaws would be enacted by the southern Rebels when seceding from the Union in 1861 by creating their Confederacy along the same basic structure of the Articles of Confederation. And this ultimately led to its defeat four short years and about 620,000 dead American citizens later, victims of their ungodly Civil War.) Thus, to strengthen the fledgling United States, was a Constitutional Convention convened in Philadelphia in May 1787. From wikiPedia: "Although the states' representatives to the Constitutional Convention in Philadelphia were only authorized to amend the Articles, the representatives held secret, closed-door sessions and wrote a new constitution. (...) The general goal of the authors was to get close to a republic as defined by the philosophers of the Age of Enlightenment, while trying to address the many difficulties of the interstate relationships. " Over the next four months, the delegates worked out a more balanced system of governance. If you want to learn all the details of the deliberations and arguments, grab a copy of the book The Federalist Papers or others that reprint the various columns. Why a republic? Direct democracy in a country the size of the then-United States was impossible. Therefore, a democratic republic, or indirect democracy was chosen, whereby the people would elect Representatives to the lower house of Congress (apportionment by population, which until 1865 also counted slaves as 3/5 of a person for taxation) and each of the state legislatures would appoint two Senators to the upper house of Congress (equal representation by state). (The method for choosing Senators was changed to election by the people by the 17th Amendment in 1913, and we still feel the repercussions of it, in that 32 state legislatures are controlled by Republicans, and that would have given them at least 64 Senate seats under the original rules. Eight others are split between parties, so add perhaps another four. That's 68. That would have given a veto override and filibuster-proof majority to the GOP and eliminated much of the gridlock we have endured the past eight years. Time perhaps for a 28th Amendment?  )Why an Electoral College? The delegates were concerned about the Romans' penchant for popularly electing famous generals with no capability to lead civilians, and wanted it to be more than a popularity contest. ("The tyranny of the popular vote" as the discussions called it.) Also, they were concerned about less-populous states being dictated to or bullied by the larger ones. Thus, each state would choose electors corresponding to their numbers of Representatives and Senators to elect the President and Vice President. (The 23rd Amendment in 1961 gave the District of Columbia's citizens the right to vote in federal elections and the minimum number of electors (three) as if it were a state.). That is how, five times under our Constitution, the candidate with the most popular votes lost the Electoral College tally; the most recent two being in 2000 and 2016. Three Ring Circus. Three co-equal branches of government, with checks and balances on each other: A formally defined bicameral Congress (Legislative Branch) to make laws ("I'm Just A Bill"), a formally defined President to approve and execute the laws, and serve as Commander-in-Chief of the Armed Forces (Executive Branch), and a formally defined Supreme Court to interpret the laws (Judicial Branch). 75% threshold. Only three-fourths of the states were required to ratify (approve) the Constitution, and amendments to it, whether submitted by Congress or a people's convention. This eliminated the gridlock of the Articles of Confederation which required unanimous approval by all the states. Clarity. Greater clarification of roles and responsibilities (i.e. provide for the common defense and promote the general welfare). "A more perfect Union". The assembled delegates knew full well about human nature, and that no perfect system of governance could ever be created by man. That is why they added a Preamble to the text of the young nation's second constitution reminding citizens that "We the People" do ordain and establish this constitution "in order to form a more perfect Union". The Constitution was certified ratified by at least 75% of the states in June 1788, and took effect on March 4, 1789. Of course, not all states were pleased with not enumerating certain rights and restrictions in the document itself, so their ratification of the Constitution was contingent on a package of amendments being submitted to the states to make further clarifications. Virginia Rep. James Madison submitted a package of 17 proposed amendments in the House in June 1789, which was revised and consolidated into 12, approved by both houses, and sent to the states for ratification that September. Articles 3 through 12 were ratified in December 1791 as the first 10 Amendments, and subsequently known as the "Bill of Rights". The first two articles of the final package found themselves delayed, because of new states joining the Union, and increasing the number of states required to reach the 75% threshold. Article 2, regarding pay raises for Congress not taking effect until after the next election of Representatives was finally certified as ratified in May 1992 as the 27th Amendment. The last remaining article, Article 1, deals with changing the apportionment formula for the House. 27 states are still required to ratify this Congressional Apportion Amendment before it, too, becomes effective. And since Congress established no time limit for ratification in those days, it may yet be ratified. When Benjamin Franklin left the final session of the convention in September 1787, a Philadelphia woman asked him: "What kind of government have you given us, Dr. Franklin?" "A republic Madam, if you can keep it." Keeping the republic is a challenge for ALL citizens. Those saying "Not my President" about anyone duly elected whom they did not vote for is a mark of a very faction-minded person. President George Washington warned about the dangers of factions in his farewell address of 1796: "I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another." ---------------------------------------------------------------- Does this not sound like what has been going on since 2000? We would be wise to pay heed to his advice now, IMHO. |
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