Let me begin by saying that I have great deference for the Constitution. A bunch of guys in a random room, or multiple rooms, wrote a document that is so conceptual in its crafting and limits that it has allowed the greatest nation ever to spawn from it’s seed. And I chose my words very carefully, because The U.S. Constitution didn’t make the United States. It ALLOWED its people to create it. A seemingly chaotic experiment gone exceptionally right. Even now, because it was written conceptually instead of practically, it is still applicable despite the EXPONENTIAL advance in technology shaping human interactions. Even anticipating a changing world, the document allows itself to be amended (which it was quickly by James Madison’s suggestions). Ten amendments that may have more directly shaped our society than the original document. Ten amendments that reinforced and recognized, but did not claim to have spawned, important liberties that allowed for a “free” society. Simply put: the Constitution is important because it limits government and empowers citizens more than the other way around.
Simply put: the Constitution is important because it limits government and empowers citizens more than the other way around.
I firmly believe that, either by stroke of luck or genius, the Constitution itself is more responsible than any of the laws it enabled Congress to pass. Luckily enough some wise people got together and GOT SHIT DONE. Americans have had to create our own destiny. It was not the pen to paper that abolished the terrible, stain of slavery. It was the blood spilled and sweat poured by people of all ethnic and national backgrounds willing to die for man to be free. It was not the pen to paper that solidified the Civil Rights Act ending the ungodly aberration of segregating man from his kin, but the marches and protests of people again willing to sacrifice their lives for good.
Luckily enough some wise people got together at a convention in Philadelphia and GOT SHIT DONE.
I’ve digressed a bit, but I admit I wanted to pay deference to some ideas in 1787 that I think have worked pretty freaking well. So what’s the FATAL FLAW I referred to in the title?
The Constitution was crafted with the belief that men desire power. Specifically in 1787, the founders assumed that every person who would govern would seek to execute his will as much as possible. Hence they divided the federal government into co-equal branches, thinking that each branch would be tempered by the others’ insatiable will to create policy. The problem is that, as Congress (which is clearly intended to be “the boss”) grew, the representatives have gained more incentive to keep their jobs and salaries than to ravenously draft policy and laws. When the most important branch of “checks and balances” tries to blend into the foliage of the Capitol Building, the other branches with their centralized power are free, and even FORCED, to execute legislation. The concept of the “wisdom of the crowd” of Congress has become a fallacy that creates a mechanism for these important legislators to lay low and collect their salaries rather than effect controversial policy.
The problem is that, as Congress grew, the representatives have gained more incentive to keep their jobs and salaries than to ravenously draft policy and laws.
The government works best when people are passionately fighting for their policy goals. Some people reference turmoil in administrations as a sign that things aren’t going well. I couldn’t disagree more. I want my representatives yelling at each other all day, every day. I want CSPAN to be the most exciting channel on the TV because a convention of people works best when each fights passionately to express his or her opinion. But instead of real arguments, we get to watch a distorted combination of kabuki theater and pro wrestling that convinces us American citizens to keep sending in the money to our favorite performer.
Instead of real arguments, we get to watch a distorted combination of kabuki theater and pro wrestling that convinces us American citizens to keep sending in the money to our favorite performer.
I even talked privately to a congressman who had served multiple terms who told me he’d love to draft legislation for term limits for Congressman, but he “just didn’t have the pull for his first few years to do it.” The next year he ran for Governor… so I guess that term limit legislation wasn’t that high of a priority for him? It’s NOT RIGHT. I do NOT ACCEPT the excuse that it took someone 8 years to pitch an important piece of legislation!
Don’t believe me? We don’t have to delve very fair into history to showcase the ineptitude of our lawmakers. For two years Republicans who ran on the promises of “repealing and replacing Obamacare” and “building a border wall” controlled all the legislative bodies of the federal government. They achieved neither. Instead they waited until the last minute to create a spectacle to ensure their necessary re-election for their next terms. I DO NOT ACCEPT that it takes TWO YEARS to write a paper my college professor would expect in a week. It seems antithetical, but the government is inept because its members are NOT power hungry.
It seems antithetical, but the government is inept because its members are NOT power hungry.
Similarly the Democrats controlled both houses and the presidency from 2008-2010. Yet they were unable to draft important legislation to them, including a Dream Act. Instead President Obama had to issue a probably illegal executive order (DACA) to solve the problem of illegal immigrant childhood arrivals who had only known America despite having been born in another country. It’s no surprise that the major, consistent policy changes come from the President (who can only serve two terms anyway) and the Supreme Court (whose members are lifetime appointments).
This is not the way an effective republic should work. There’s no reason these important bills have to be 1000 page documents that are harder to read and retain than a phone book. I don’t accept that Congress has to play nice. I say we start with term limits, and we’ll see if that gets us some ravenous legislators dropping the elbow from the top rope like Randy “Macho Man” Savage. TERM LIMITS. OHHH YEAHHHH!