by Donald J. RippertCarved in stone.
America’s elite and their lap dogs within our political structure know that larceny is best accomplished within a vacuum of change. If the “little people” in a democracy ever figure out that they can force the politicians to change the laws then the elite find crony capitalism far more difficult to practice. For example, big money in politics favors the elite (who have the money). It also favors their political puppets who know they are better able to remain “politicians for life” if raising gobs of money remains more important than solving problems. So, the question of the excessive influence of money in American politics is simply answered with two words, “Citizens United.” The U.S. Supreme Court found it unconstitutional to restrict money in politics, ergo it can’t be done. But, of course, it can be done. The U.S. Constitution can be amended. Yet as Americans across the political spectrum vent their rage against the influence of George Soros and the Koch Brothers nothing is done. Why?
The Big Lie. America’s political insiders have convinced many of us that the U.S. Constitution is, effectively, inviolate. The right tells us that the Constitution is the product of divine inspiration written by human hands. The left relies on stasis and judicial manipulation of “the living Constitution” to let unelected judges perform the duties that our elected representatives stubbornly refuse to undertake. The net result of this conspiracy between America’s vested interests and its political class is a polarized nation where economic stagnation is the order of the day for an ever increasing percentage of its people. Yet no matter how fundamental our problems become, the case for fundamental change is blocked by a bizarre belief that the U.S. Constitution cannot be changed.
Erasing history. One of the more insipid approaches taken to ossify the U.S. Constitution is to rely on the ignorance of many Americans by insisting that the framers knew they had created a near perfect document and, therefore, made it very hard to change. The fact that the framers wrote the first ten amendments before the ink dried on the U.S. Constitution somehow doesn’t dispel this recounting of history. Thomas Jefferson provides an interesting perspective both from his vantage as a founding father and from the long life he led after the American Revolution. Jefferson had the chance to observe the Constitution’s effect on America for decades after its ratification. In a letter to Samuel Kercheval in 1816 Jefferson had this to say:
“But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.
And lastly, let us provide in our constitution for its revision at stated periods. What these periods should be, nature herself indicates.”
Jefferson knew the Constitution was imperfect. After 26 years of seeing the U.S. Constitution in action he was contemplating the merits of scheduled revisions.
Sic Semper Tyrannosaurus. Virginia has a much different constitutional history than the United States. The State Constitution of Virginia has been rewritten six times since it was first ratified in 1776. Not amended, not revised, rewritten. Much of what has gone into those constitutions was the predictably disgraceful and prejudiced thinking emblematic of Virginia’s political class. However, Jefferson’s home state has proven that it is willing to avoid being trapped under “the regimen of their barbarous ancestors.”
But what of today? Would Virginia’s current political class consider following the Old Dominion’s longstanding history of “out with the old and in with the new”? Thinking optimistically I suppose that would depend on whether there were enough good ideas to justify yet another rewrite. Thinking pessimistically, our state politicians are as corrupt as their peers in Washington and know full well that mandated unchanging power keeps their political lives long and their personal pockets full.
Just this once, I am going to think optimistically about our current state government.
The remainder of this series will examine why it is time that we throw out the present Virginia constitution in favor of a new one that keeps pace with the times and improves the lot of all of us governed under that constitution.
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