Joel S. Hirschhorn
Mar 23, 2007, 01:15
What is this thing
called democracy? So easy to talk about, so difficult to make real.
Pure democracy is
not what our Founders gave us. Who would want a simple majority to control the
minority? Instead, America was given a representative democracy within a
constitutional republic where laws that protect all people trump majority rule.
Standing between majority-won elections and government power are elected representatives:
writing, overseeing and implementing laws. But when you can no longer trust the
elected representatives what happens to American democracy? It becomes an
We have arrived at a
delusional democracy. Delusional because Americans overwhelmingly cannot admit
the painful truth that their limited democracy no longer works for the good of
most citizens. Instead, through corruption and dishonesty, our representative
democracy has morphed into a plutocracy that serves the wealthy, power elites
and corporate masters that control the political system and through that the
The Framers of the
Constitution had deep concerns about the long-term viability of the government
structure they created. Some think that the checks and balances among the three
branches of the federal government preserve its integrity. Really? The money
that controls the legislative branch also controls the executive branch, and
both of those control the judicial branch. Even worse, it has become clearer to
increasing numbers of Americans that many parts of the Constitution -- the
supreme law of the land -- have been directly or more deviously disobeyed or
distorted. Constitutional rule is a myth.
We have a Congress
that gives its constitutional power to declare war to the president and refuses
to impeach him for his many violations of laws. We have a president that openly
signs laws but says he will not honor them. We have a Supreme Court that
decides who becomes president rather than the voters and often amends the
Constitution unconstitutionally. We have elections that are not to be trusted.
We have a government using free trade globalization hogwash to sell out the
middle class. We have rising economic inequality that is creating a two-class
society: the wealthy Upper Class and the Lower Class for everyone else.
Overlaid on this
delusional system is the myth that having just two major political parties
somehow is right and necessary for our representative democracy. In reality,
partisan differences are just another layer of corruption, dishonesty and
deceit. Artificial political competition distracts. Big money from the wealthy
and corporate and other special interests controls both parties, producing
mutually assured corruption. They are two faces of the same coin, two heads of
the same monster, two puppets controlled by the same masters. Of course the
two-party system provides stability. It has stabilized a criminally corrupt
competition supports a delusional democracy based on a set of delusional checks
and balances. The whole system that once worked has become a sham.
Did the Framers
anticipate that their system could become such a travesty? They did.
So, in addition to
the better known parts of the Constitution, they imbedded what might be called
a legal loophole -- a kind of escape clause, just in case things went terribly
wrong. They have.
The public is
largely ignorant of Article V�s option for a convention, when asked for by
two-thirds of the states, to propose amendments to the Constitution. Worse,
nearly all people with political power have opposed using it. Even worse,
despite Article V explicitly saying that Congress �shall� call such a
convention when a sufficient number of states have asked for one -- and that is
the ONLY specified constitutional requirement -- for over 200 years Congress
has willfully disobeyed the constitution and NOT granted a convention. In fact,
Congress never had the integrity and constitutional respect to even set up a
system of any kind to collect state requests for an Article V convention.
Still, we know from the hard work of many that there have been well over 500
such state requests.
People with power in
the present corrupt political system fear an Article V convention. Operating
independently of Congress and the White House, it might reduce their power and
ignite widespread public interest in deep reforms. One trick of the power
elites has been to fool people that an Article V convention would inevitably
become �runaway� and threaten all that Americans hold dear -- especially their
freedom. Nonsense. A convention can only propose amendments that, just like
proposals made by Congress, must be ratified by three-quarters of the states.
Most absurd are the anti-convention right-wingers who profess total allegiance
to the Constitution, except for Article V. John T. Noonan, Jr., observed in
1985: �RESPECT, indeed reverence, for the Constitution is a proper attitude for
conservatives to cultivate. Is it respectful to the Constitution to maintain that
of the two methods of amendment specified by Article V one is too dangerous to
be put to use?�
Exactly why did the
Framers give us the option of an Article V convention? Listen to the wise words
of one of the nation�s foremost legal scholars. Professor Paul Bator wrote this
�I think the Article
V convention represents a profound political protection for us, as a people,
against the tyranny of central government. And whatever we say about Article V,
I think it is very, very wrong, just because we may disagree with the content
of any particular constitutional amendment that is now being proposed, to
interpret Article V in such a way as to clip its wings as a protection for the
liberties of the people. That is why I think it is profoundly important,
particularly for constitutional scholars, to be hospitable toward the concern
that Article V represents, which is that there be a way out for the states and
the people if a willful and intransigent central authority governs us in a way
we find unacceptable.�
We definitely need a
way out. Two of our best presidents explicitly supported using the Article V
convention option -- Abraham Lincoln and Dwight Eisenhower.
Have any recent
presidential candidates expressed support for an Article V convention, even
mavericks like Dennis Kucinich, Ron Paul, Mike Gravel, and Pat Buchanan? They
have not. Have any third parties demanded an Article V convention? They have
not. Have any mainstream media exposed Congress� failure to obey the
Constitution�s Article V? They have not. Has the Supreme Court or any elected
official that swore to obey the Constitution faulted Congress for disobeying
the Constitution? They have not.
If you are not a
rich and powerful American, ask yourself: Has your government become so untrustworthy,
dysfunctional and unacceptable that you should demand what our Constitution
gives you a right to -- an Article V convention?
said �a little rebellion, now and then, is a good thing, and as necessary in
the political world as storms are in the physical.� Have many Americans
concluded that rebellion has become necessary? They have not.
But some of us want
to pursue political rebellion, not by using violence and not hoping against
reality that necessary reforms will come from within the two-party controlled
political system. No, we want to use what the Constitution grants us. We have
created Friends of the Article V Convention to inform the public about this
constitutional option and also to prod the states to demand a convention and
the Congress to finally obey the Constitution and give us one. Check the group
out at www.foavc.org to learn much more, and
seriously consider becoming a member.
What do they say
about insanity? Repeating what has not worked in the past? As in the past, no
Democrats, no Republicans and no elections will give us what we truly need.
Whatever risks an Article V convention pose, they are worth taking. Every
rebellion is waged because the benefits sought outweigh the risks taken.
Jefferson and the other Founders knew that. Not fixing the government they gave
us dishonors them and all the Americans that have died and sacrificed for their
country. And it makes our lives miserable and penalizes future generations. Has
time run out for restoring American democracy? It has not.Joel
S. Hirschhorn�s new book is �Delusional
Democracy -- Fixing the Republic Without Overthrowing the
current political writings have been greatly influenced by working as a senior
staffer for the U.S. Congress and for the National Governors Association. He
advocates a Second American Revolution, beginning with an Article V Convention
to propose constitutional amendments. He can be reached through www.delusionaldemocracy.com.
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