Use It or Lose It

Most people, whether they are religious or not, believe in a power outside themselves that influences our existence and over which we have no or at best limited control. Call that power what you will, we understand that it is beyond any one individual’s needs, or desires, or imagination. 

Our founders knew this and sought to create a governmental power greater than one individual person, a power which we as a people might control. They strove to establish a model for governance that took everyone’s needs into account while giving us structure to accomplish it. They did not succeed.

They were imperfect, as are we all, and thus their creation was imperfect. But it shone with light, enough light to guide a people toward a new way of looking at and organizing government. It was a grand experiment that men of learning and toiling alike felt in their souls to be the best way they could imagine to “form a more perfect union”.

‘The people must rule’ was their mantra. But they knew when individual people themselves chose what they should do, for their benefit only, as individuals, there would be anarchy. After intense discussion they fashioned a heretofore unknown system, the American Democratic Republic. It featured representatives from a number of sovereign states, working together under a federal umbrella of common purpose.

Federally, its foundation was three distinct branches of government. Each branch tempered the power of the other branches and each had exclusive power over certain procedures, creating a system of checks and balances. No one branch would dominate. Returning to their original premise, they gave the people the ultimate power of choosing those of us who would represent the people in that government. They gave all citizens the right and responsibility of voting for those representatives.

State governments had a significant amount of freedom to govern in whatever fashion their voters chose. They retained control over many of their governmental functions. The people also democratically elected their state representatives as well as local and regional government officials, each having their own jurisdictions. 

To put this agreement in writing, after intense deliberation they forged a document, a Constitution, which codified federal law as the ultimate arbiter of how power should be wielded in these united states to provide both liberty and protection to the people of the union. It also addressed which aspects of government the states retained. This document, the Constitution, is the definitive law of the land to this day. Americans in power, and those they serve, accept this Constitution as the benchmark against which all American law is measured. When the elected representatives of the people’s power are sworn in they take a vow to protect and defend that Constitution.

The Constitution has held up as our organizing document for nearly 250 years. It is the true source of the unique American way of life, of both our freedoms and our limitations. It is the real thing all Americans should revere, not symbols or institutions. Symbols, like our flag and institutions like our military help us remember what is good about America, but the constitution itself is what we are to uphold and treasure. Our freedoms originate in the Constitution, not in the flag or the national anthem. These symbols simply remind us of how to honor our unique American experiment. There is no one way to honor the Constitution. That right to choose is protected by the words of the first amendment.

Americans are called, as are their representatives, to honor and respect the Constitution. The symbols of America, the flag, the national anthem, and the pledge of allegiance, exist to focus our hearts and minds on the promise enshrined in the Constitution. The institution of the military, protectors of the people’s power, do so to uphold America against all enemies, both foreign and domestic, as is directed by the Constitution. There is no one way to honor those who volunteer to protect American interests around the globe. This right is also constitutionally protected.

It is our founding document, our Constitution, which deserves our reverence. The symbols, the flag and anthem, as well as the uniforms of our cherished military protectors, are to be honored only in so much as they reflect the people’s power as written in the Constitution. They are not the people’s power itself. They are not America. The Constitution is America. The people are America. Those other things are symbols, signs and signals that point us alway, to the real idea of the rule of the people. They are institutions, means created in the Constitution to serve the people. They are worthy of our respect but nowhere in the Constitution is that respect demanded. We give it freely through our liberty. The symbols’ and institutions’ value is given to them by the Constitution and not the other way around.

The founders’ means of balancing power was unique in its wisdom. There were formed three branches of government, each separate but equal contributors. The Legislative branch, Congress, is elected to represent the people, measured by population, the House of Representatives, and also by the equal representation of each sovereign state, the Senate. Its purpose is to create laws based on the designs of the Constitution. The Executive branch is headed by the President, who is elected and appoints an administration of leaders for the primary departments of government, his Cabinet. This branch’s vitally and necessary function is to execute those laws. The Judicial branch consists of the federal legal system, federal judges, appellate judges, and the Supreme Court. They act act as arbiters of the law. They determine a law’s relevance to the Constitution. They are not elected but appointed by the President, who is given advice by and with the consent of the Senate. It is the Senate that holds this specific power because of its equal representation from each united state. The purpose of the court is to determine if the laws created and passed by Congress and signed into law by the President follow the Constitution’s edicts.

The judiciary is specifically designed to not be elected, so as not to be subjected to the whims and desires of politics. We elect the President and Senate to appoint judges for us. The founders were insistent that the court not be politicized. The reason for the Court’s impartiality is significant. The Judicial branch exists as a check on the people. Even the people’s power must be balanced and regulated. The people or their representatives can sometimes make laws that do not clearly follow the Constitution, out of neglect or by design. The Supreme Court protects us from this “tyranny of the majority” through impartially adjudicating conflicts between a law and the Constitution. This requires impartial justices. 

For most of our history an unwritten law was honored by our elected officials that justices should be chosen and appointed only through an appraisal of their suitability for this incredible honor and responsibility. Their knowledge of the law and their non partisan dedication to the Constitution were to be the only considerations used to select them for nomination. Over time this honor has deteriorated. A flaw exists in the process of appointing judges, in particular Supreme Court justices, and is now being exploited more than ever.

Justices are meant to be non partisan, impartial, using only the Constitution as their guide, and not a political ideology. Presidents, who nominate Federal judges and Supreme Court justices for appointment, slowly began to appoint them using the criterion that a justice must practice a political philosophy in line with the president who nominated them.

Application of this partisan plan relies on there being one political party which controls both the Presidency and the Senate. In this situation a Supreme Court justice, who is appointed for life, becomes not a politically neutral advocate of the law but a tool of that party, giving that party a better chance of seeing Constitutional law decisions on cases that come before the court determined from a partisan political standpoint. Their standpoint.

This politicization has slowly deteriorated the Judicial branch’s ability to check and balance the power of lawmakers and the executive from a non partisan position. One political party could ‘stack’ the court with justices who have a political bias toward interpreting the constitution. By appointing comparatively young justices, that party’s philosophy could dominate the Court’s decisions for a generation or more, even after those politicians lose the elected power of their offices. 

Perhaps the primary partisan division of judicial interpretation rests in the competing philosophies of perceiving the document as ‘living’ versus ‘dead’. A more liberal interpretation of the Constitution says the document was wisely designed to account for the inevitable changes in the evolution of society and continued advancements in technology and knowledge of the world. The document is living. The meaning of its words can change with the times. 

For example, the addition of the Bill of Rights and the opportunity for the people to amend the document gave us the power to reflect in the Constitution changes in the will of society such as ending slavery and giving women the right to vote. This more liberal philosophy also allows for new interpretations of the language of the original document as it pertains to modern times and the evolution of our citizens.  

Conversely, a more conservative bias sees the document as being strictly interpreted, literal and rigid, unchanging. These literalist constructionists see the Constitution as, in essence, dead. It can only be interpreted using what they consider to be the original intent of the founders. But who is to determine what was their original intent? That is still interpretation.

Interestingly enough we see a similar division in interpretation of religious law between conservative, fundamentalist Christians and more progressive denominations. Thankfully, it is no longer legal to stone to death an adulterer or force a widow to marry her husband’s brother. Human values change with time. Regardless, the Constitution will be interpreted according to the philosophy of Constitutional jurisprudence of a predominance of justices.

The politicization of the Supreme court is, in my estimation, the most significant factor in the slow but substantial movement of American government toward a place that looks less like a democracy and more like an authoritarian state. The grooming of vulnerable Americans by advocates for the theft of power from the people into the hands of moneyed interests, has been facilitated by their hand picked, bought and sold politicians. Mesmerized  Americans, like the frog in the boiling pot, have given away their power and freedoms, slowly, over time, almost invisibly. It has been accomplished through psychologically powerful propaganda, pandering to our most selfish interests. This deliberate erosion of our power through the efforts of these same moneyed oligarchs serves their ultimate goal, retaining their power at all costs.

It is interesting to me that as in physics the two opposing ends of the political continuum have come, in the eyes of their most radical liberal and ultra conservative factions, to the same conclusion. They posit that the country is being dominated by a somewhat secret and financially powerful cabal. The only difference being each side blames a different complex of culprits. It’s as though the strategies and tactics behind the goals of both sides are exactly the same and only the names have been changed.

In all of this it is easy for the individual common citizen to despair of having any power at all, unable to exert any influence over the decisions that critically affect their lives. But despite the machinations of those who think their vast wealth gives them license to run roughshod over the people, we still have one, and only one, power remaining to us which we can use to regain the ruling power granted to us by our founding document. That is the power of the vote. 

For any of us who think that our vote doesn’t count, or that all politicians are crooks and liars, or that both parties are the same, or that certain of our particular pet policies and issues are more important than the failing health of our democratic republic, I have this to say. Those are all illusions dreamt up in the backrooms of think tanks and the secret meetings of powerful white men designed to disillusion us and trick us into giving up our power, begrudgingly or willingly. They know our power, as given to us clearly in our sacred founding document, is the poison that can bring them, choking, to their knees, foiling their corrupt, degenerate plans for dominance. They will do anything, illegal and immoral, to diminish the real power of the American citizen that they fear. 

Our only remaining power lies in the accumulated will of our individual votes, in concert with what we know to be good for all peoples and not for only those few white men, rich in wealth but poor in spirit, desperate to hold on to their last gasp of dominance in a changing, evolving world.

Our only remaining power is in our vote. If we abrogate our responsibility to govern, a responsibility the founders intended we wield, we will deserve the dire fate we will so clearly suffer. One of my great fears is to know that many of my fellows stayed home, feeling proud of upholding their principles and not voting for either of the “corrupt corporate parties” they despise only to find out that one party IS actually worse, and has won, and is taking away their freedoms daily, one by one. Their pride lasted only until they realized the American experiment, the government they are privileged to live under, is being destroyed before their eyes, and they can do nothing to stop it. 

This fate can be diverted if only we can gather with single minded courage to ‘citizen’ and defeat those we know in our hearts to be the destroyers. It is said that the destroyers come to destroy that which is rotted and create a space in time for new ideas to flourish and new grown to thrive. That may be so. But I am not ready to give up American Democracy to rot.  To ‘citizen’ is a verb. (Thanks Aric) It means taking one’s civic responsibilities seriously. It means taking action, taking one for the the team, the team being the real idea of the America envisioned by the founders, through that still viable tool of the Constitution, our right to vote. It means doing absolutely everything we can to save our democracy, including dragging our friends, family and neighbors to the polls if we must. 

We don’t need to ’unite’. It is a sad and myopic concept. There are too many and diverse factions extant to come together singing Kumbaya. But we all have single minded purpose. We can go our separate ways and do our hard work after we have removed the cancer from the body politic; the rot that threatens us existentially. Only if we, all of us, citizen, will we fulfill that clear and true vision of our founders.

Know your power. Feel your power. Use your power.

It’s all we have.

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