SACRED COWS
The raging debate over gun control – and therewith about the
second amendment to the constitution – is compelling me to ask the question:
"Could it be possible that the constitution - which was
designed by its authors (James Madison more than anyone else) to provide us
with a prudent, balanced republican form of government consisting of three
separate branches and with a citizens’ bill of rights – has gradually been turned
against us in some of its provisions? Turned against as a result of changing
times and conditions that could not have been imagined more than 200 years ago
and as a result of interpretations of provisions of the constitution by the
judiciary branch, particularly the Supreme Court."
What raises that suspicion in my mind?
1.
For starters
the gun-control debate. The opponents of gun-control all throw the second
amendment, “the right to bear arms” at the policy makers who want to protect
the public at large from the unbridled proliferation of the most sophisticated
weaponry and the courts have been very reluctant to allow reasonable
limitations on the second amendment right. This reality, combined with a
fiercely combative attitude from a large part of the US population, frustrates
just about any attempt to keep guns out of the hands of those who cannot be
trusted with them and keep military or gangster type weapons out of the hands
of everyone except trained professionals who are sworn to protect us.
2.
The
stranglehold money has on politics. Corporations’ right to lobby members of
Congress and fund their election campaigns is being protected by the Supreme
Court’s interpretation of the freedom of speech afforded us under the first
amendment to the constitution. The framers of the constitution wrote their
document to institutionalize the best form of government they could come up
with. The veracity and effectiveness of our government would be greatly
enhanced if we managed to keep money out of the governance process. We would be
much better off if elections would be exclusively funded with public funds and
if public office holders would be highly compensated, but forbidden to accept
any money from other sources.
3.
The
corrupting content of media. The Supreme Court’s deference to the first
amendment keeps us from shielding ourselves from all kinds of propaganda,
misinformation, brainwashing and dumbing down. The framers of the constitution and their
contemporaries were only exposed to the verbal and written word. They had no
inkling of the intrusiveness of large screen TV images, retina tablet displays
or smart phone instant imaging. Even radio broadcasts were still a century
away. What public good is being served –other than excessive deference to a law
that was established more than two centuries ago in a completely different
world – with advertisements of pharmaceuticals that nobody but medical doctors
should decide if we need them or not? Or with advertisements for ambulance
chasers? Or with the dissemination of video games with violent content? What
public good is being served with seemingly interminable political ads that are
under no test or obligation of veracity?
4.
The undue
influence of pressure groups. Again under protection of the first
amendment, pressure groups like AARP, the NRA, Labor Unions and the US Chamber
of Commerce have excessive influence on the election process and the behavior
of our elected officials once they are in office. These pressure groups
frequently take political positions without ever checking back with their
constituents to see if and to what extent these positions are fully supported. Much
less are they concerned with the greater public good. Maybe the real problem is
that too many of our Congressional representatives lack the courage of their
own convictions and just bend to the pressure of the interest groups that
helped them into office; but we better recognize that our elected officials are
not immune from human frailty and greed. The constitution should not stand in
the way of eliminating undue influence.
5.
The curse
of too many elections. The President of the United States should be elected
for one term – I suggest six years – and not be eligible for re-election. The
frequency of elections, particularly for the Presidency and the House of
Representatives, exacerbates the polarization of the voting public; it keeps
those who should govern in a near permanent election mode; it is very costly in
financial terms, making it harder to keep the money influence out of politics;
it does not allow an office holder to complete an agenda. The process would
also be greatly enhanced if – by law – election campaigns were limited to
running for no more than three months. It would save large amounts of money and
keep politicians focused on their job with much less interruption.
If the constitution stands in the way of addressing these
five hurdles to a better functioning of our government – a government for and
by the people – then it is time to amend the constitution. It is not so sacred
that it cannot be changed. The framers of the constitution realized the need
for adaptation over time, which is why they provided in Article V for the way
in which the constitution may be amended. After, in 1791, the Bill of Rights
was incorporated in the first ten amendments to the constitution, it was
further ratified to be amended seventeen more times, the last time in 1992.
We are a nation of laws and should by all means keep it that
way. But that does not mean that we should not amend or scratch laws – parts of
the constitution included - that no longer serve a public good that has been democratically
expressed in our time. The task of keeping our laws “up to date” falls on the
legislative branch. It is too sacred to be left to the judiciary.
(Frans Jager
is Principal of Castnet Corp. (www.castnetcorp.net) a Business Consultant for the Green
Industry and an Executive Coach. He frequently writes about the Green Industry
and other matters of general importance. He can be reached at castnetcorp@gmail.com)
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