Sunday, June 13, 2010

The Bottleneck is Always at the Top

Why does bureaucracy cover the world? Because bureaucracy is the most efficient form of organization ever devised. Max Weber first pointed out the defining traits of a bureaucracy calling it the ideal type of organization because it’s rational, efficient and practical. Before his definition this form of organization was called common sense.
As with most things in life the foundational elements of bureaucracy, the things which make it good, can also make it bad. Division of labor which allows the best adapted to concentrate on appropriate tasks producing efficiency also produces people who can only do one thing. Layers of authority make it clear who’s in command also deprives those below a role in decisions and facilitates the concealment of mistakes. Written rules and regulations which allow everyone to know what’s expected also stifles individual initiative and imagination. Impersonality which reduces personal bias also makes people feel like faceless numbers and fosters feelings of alienation. Employment based on technical qualifications discourages favoritism and also discourages ambition. Maintenance of position as the primary occupation of office holder, which produces continuity also breeds stagnation. Promotion based on seniority institutionalizes stability, but it also brings those who can survive in the system to the top instead of innovators. All of which equals the bottleneck is always at the top.
The Leviathan of national government has grown far beyond anything our founders would’ve envisioned. Spreading across the landscape inserting tentacles into everything from who does what to who gets what. Americans stand before the drones making up the business end of the federal bureaucracy hat in hand waiting for service. We’re in the midst of a transaction wherein we’re expected to trade in our freedom for cradle-to-grave security and individual liberty for bureaucratic regimentation. The problem is that when our Progressive collectivist leaders herded us toward giving them total control of our lives the American people have risen up in Tea Parties, Town Halls and State governments declaring, “We the People will not go quietly into that dark night!”
The more the President flexes his media-enhanced, teleprompter-controlled, highly-reverberated communication skills the more people don’t want what he’s selling. Using procedure and manipulation the same 50+ 1 strategy candidate Obama said should not be used to pass health care was used to pass health care while the rest of the agenda stands waiting in the wings. With an overwhelming majority in Congress and enough votes to make the Progressive’s evolution/revolution happen, watch as the total transformation of America metastasizes before the people get a chance to speak in November.
What a travesty! First the best Congress money can buy passes bills without reading them. Now we’re bluntly told we don’t get to know what’s in them until they pass them. It is hard to imagine such arrogance. After taking control of GM, Chrysler and the largest insurance company the Progressives reformed America’s medical system into who knows what and are now moving on to and the financial sector. What will they bail-out (take over) next? The unions? The fossil press? This is no spur of the moment off the cuff solution to immediate problems. This is not just a case of an imperial president passing collectivist legislation against the wishes of the electorate. This is the culmination of a long march by the Progressives. They’ve pretended to be one thing or another: liberals, unions, advocacy groups, or whatever it took to slip past the voters. And let’s face it, they’ve been much more dedicated and disciplined than those who want a nation based on free enterprise and individualism.
From Teddy Roosevelt to Barak Obama we’ve had one Trojan horse after another: one more Federal mandate, one more dependency creating entitlement, and each one a step closer to total government control. Luckily the American spirit of individualism and tradition of liberty hasn’t been completely cowed by 100 years of the Progressive’s evolution/revolution. Not only are the Tea Party and the Town Hall Patriots continuing to stand up for liberty many states are lining up to resist these naked power grabs. Congress refuses to have open debates on the implementation of legislation designed to fundamentally transform America. The Pelosi-Reid Congress following their leader have instituted what in effect is a one-party government seeking no input from the minority party and ignoring the outcry of citizens. They’ve bludgeoned their collectivist bills through to the President’s desk, but when he signed them he signed the marching orders for a legion of awakened voters who will troop to the polls and guide the way home to the America we’ve known and loved. The night may be dark, the way may be long, but if we keep the faith and keep the peace we shall overcome.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Sunday, June 6, 2010

I Got Some Transparency for You Right Here

President Obama promised the most transparent administration in history. He pledged all bills would be posted online for five days before he signed them. Turns out that only applied to NON-emergency bills, and everything is an emergency in our swiftly transforming America. As Rom Emanuel, President Obama's closest adviser says, "never let a serious crisis go to waste.”
The first bill he signed into law was the Lilly Ledbetter Fair Pay Act, which must have been an emergency since it didn’t qualify for the five day guarantee. We had to pass the pork-laden stimulus bill before the Best-Congress-Money-Can-Buy could even read it, let alone post it online, otherwise unemployment might reach the unacceptable 8% range; though most of the provisions wouldn’t kick in for months or years, but that was an emergency. Another bill too big to read is America's Affordable Health Choices Act, which fails to insure the uninsured and doesn’t slow the rising rates, which are the two things it was supposedly designed to accomplish. And even though most of the provisions won’t overwhelm us until after the next presidential election it was an emergency. Adding insult to injury, after saying “There has never been a more open process,” Nancy Pelosi crafted the health care take-over behind doors closed so tight they’ve been called an iron curtain. Eventually she had the nerve to say “we have to pass the bill so that you can find out what is in it…”
The American tradition was built upon the idea of limited and dispersed powers, and under the Constitution neither the people, nor the states, nor the federal government was given absolute power or complete sovereignty. Behind the veil of silence, mockery and misstatements, and continuing a trend that has gone on through the reigns of many imperial presidents, the Obama administration is accumulating more power than any previous administration in American History.
Now the usual suspects are calling for the censorship of the media under the guise of protecting us all from hate speech. After years of congressional blockade in the 1990s and presidential vetoes in the 21st century current Progressive CABAL has resurrected Ted Kennedy’s Hate Crimes law which now hangs like a shroud on the body politic. These types of laws have been used in Europe and Canada to criminalize opinion and squelch any who don’t repeat the catch phrases, which pass for free speech in the Progressive’s mental gulag.
Mark Lloyd Diversity Czar at the FCC seeks to gain greater control of broadcasting with the aim of curtailing the daily drip-drip of conservative commentary by the likes of Rush Limbaugh and Sean Hannity. In cyber space Net Neutrality is nothing but the patently unfair Fairness Doctrine for the Internet. Political correctness has taken its toll of the spoken word. We no longer know what to call anyone in this day of hyphenated-America and fractionalized interest groups when what is politically correct changes with the winds of doctrine. The fairness police choke freedom out of speech using peer pressure while the administration tries to malign and marginalize the only network that isn’t acting as a fax service for their press releases. This isn’t exactly what I envisioned when I heard that pledge to be the most transparent administration in history. It’s more like the smoke and mirrors that passes for representative government in a one party state like Chicago.
Our Progressive leaders are transparent in one thing: their contempt for the desires of the people. Even though he gave speech after speech trying to explain why we needed to reform our medical system to death the president said people were only against it because they didn’t understand it. Now with the coming financial reform act combined with the previous take-over of auto and insurance brings a larger percentage of the American economy under government control than at any other time as poll after poll show the popular sentiment solidly against these acts, but the bills were rammed through anyway. Obama the candidate denounced the Bush Administration as the most secretive in history. The Obama Administration is now denying more Freedom of Information Act requests at a rate 50% above the previous administration. I know we see through a glass darkly, but if this opaque obfuscation is transparency I’d hate to see secrecy. Perhaps secrecy is what you call announcing in advance when and where the next offensive is coming in the shooting wars across the sea.
Those who believe the Constitution is a Living Document they can self-amend at will continue to chip away at the traditional definitions of what it means to be free. In the New-Speak of the transformed America racial quotas aren’t racial discrimination, the take-over of industries are done to save free enterprise and being in charge means it’s always someone else’s fault. If those of us who want to remain free don’t use our remaining freedom to protect our freedom soon it may not be politically correct to even remind people that once we were free.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Sunday, May 16, 2010

What Is Sovereignty and Who Has It

Sovereignty is accepted as absolute uncontested authority. This definition of the concept of sovereignty emerged along with the nation-state. The nation-state hasn’t always existed. Everyone tends to see the circumstances of their own times as the static normality of history. And contrary to the endless lectures of History teachers tied to politically correct text books and standardized tests, History is not static it’s dynamic, it changes every day. The concept of the nation-state emerged in the sixteenth century evolving from countries as the private property of monarchs, and however hard to envision the nation-state will someday be replaced by something else.
If that’s what sovereignty is who has it? In England it’s vested in Parliament. In China it’s vested in the Central Committee of the Communist Party. But in America sovereignty isn’t vested in any one place, which means there really isn’t any. No sovereignty? How can that be? Since sovereignty is an absolute, it either exists or it doesn’t and it’s a misapplied concept when striving to understand the American government.
This does not mean that the United States is not a sovereign nation. The Federal Government represents the United Sates on the world stage. To the other countries of the world the Federal Government is the sovereign power with which they must deal. However, domestically we face a different situation. In some areas the Federal Government is sovereign, in some areas the States are sovereign, and in some areas the people are sovereign. Since sovereignty by definition is an absolutist concept and not one of degrees, either something is sovereign or it is not. In the United States there is no one legitimate source or center of sovereignty. The revolutionary theory the Framers advanced into practice is that several centers of power prevents the formation of an authority vortex swallowing all legitimate authority and paralyzing decision making, thus establishing the world’s first viable system of disassociated sovereignty.
Under the Articles of Confederation, which preceded the Constitution as the foundational document and framework of organization of the United States, stated categorically in Article II, “Each state retains its sovereignty, freedom, and independence.” Nowhere in the Constitution is this retention of inherent sovereignty surrendered. The so-called sovereignty clause found in Article Six of the Constitution obviously gives precedence to the laws and treaties made by the Federal government it does not however expressly say anywhere in the document that the States surrendered or forfeited their inherent sovereignty. If it had it never would’ve been ratified. As expressly stated in the 10th Amendment neither the States nor the people surrendered their sovereignty to the Federal Government they delegated it. There is a difference between these two actions. To surrender is to give entirely and irrevocably to another while delegation is a temporary action based upon continued agreement between the parties involved.
Another strong argument can be made that since all governments are the products of a social contract between those who govern and those governed sovereignty ultimately resides in the people and governments are therefore merely agents of the people’s will. According to this line of thought all governments wield delegated powers and can have no more power in and of themselves than the moon has light without the sun.
Amendment is the only legitimate process for change under the Constitution. If the design calls for a decentralized diffused sovereignty in an asymmetrical system how was change achieved from that to the current system of highly centralized power and control? Was it by amendment or practice? Is it possible for an illegitimate practice to become a legitimate tradition? Is it possible for an illegitimate tradition to set a legitimate precedent?
All of these historically based academic discussions aside and for all intents and purposes the argument about who is sovereign was forever settled by Abraham Lincoln. When the South attempted to succeed, an action not prohibited by the Constitution they were beat back into submission to the Federal Government. Debate over. Question answered. The Federal Government is supreme. However, though this is the reality of our circumstance since the Civil War this is a reality imposed through the use of military force not to be confounded with the original condition based upon the voluntary agreement between the people, the states and the national government in Constitution.
For years this question of who is sovereign has see-sawed back and forth. Today the Progressives and their two headed government party seek to make the exaltation of the central government permanent. If this stands unchallenged America has devolved from the defused model established under the Constitution to a centralized version reminiscent of its original absolutist definition. If this new normal is enshrined as reality it will become increasingly obvious as States strive to assert their rights and people seek to preserve their freedom. For if the central government is now absolutely sovereign it will eventually crush all rivals. If the people are sovereign in time they’ll find their voice, reassert their power, re-establish the federal system, and return to the social contract as ratified in the Constitution.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Monday, May 10, 2010

Government Funded Front Groups

How many Progressive groups are in reality government supported entities masquerading as public interest lobbies? How many government agencies act as Progressive lobbies? Marx said “The last capitalist we hang shall be the one who sold us the rope.” Is our hard-earned tax money being used to fulfill the words of the Progressive’s secular messiah? Another old saying goes, “The acorn doesn’t fall too far from the tree.” If the tree is the Progressive clique that’s captured America the acorn is the government money used by various Progressive fronts, both public and private to advocate for more money from the treasury to buy more power. Or is that more rope?
The Association of Community Organizations for Reform Now (ACORN) says it’s collapsing without government funding . Perhaps it never was a broad-based grassroots social action organization. Instead it’s an off-the-books government funded agency dedicated to electing Democrats and pushing an agenda of Progressive economics through covert action.
Fannie and Freddie two reckless mortgage monsters and the fuse that lit the subprime bomb spent more than 170 million dollars influencing the Best Congress Money Can Buy during the decade preceding the crash. They both made the list of the top 20 lobbying organizations buying their way to success. Incidentally, during the same period they were also government backed and packed with hacks including President Obama’s chief of staff, Rahm Emmanuel. The leadership of both reads like a country club for retirees from Congress who looted the enterprises along the way. Before the crash, McCain and other Republicans including President Bush tried to warn Congress that the policies of these reckless lenders were dangerous. The Leviathans of Lending were defended by the same perpetually re-elected aristocrats that received the most money from them and who are the same arrogant Lords of the Legislature and their Glorious Leader who today lead the charge to clean up the mess they caused.
Planned Parenthood, one of America’s leading abortion providers is also the recipient of hundreds of millions of taxpayer donations every year. Planned Parenthood also vigorously supports Democrats including the current occupant of the Oval Office. A source of money and votes so potent the Illuminati of the Government Party feel it necessary to pay homage during every election cycle saluting the abortion flag and taking the pledge of loyalty.
The Service Employees International Union (SEIU) is the government Union whose president boasts “We spent a fortune to elect Barack Obama – $60.7 million to be exact – and we’re proud of it.” Apparently they’ve reaped windfall profits from their investment. They’re the nation’s fastest growing union which isn’t surprising since under the Progressives the government is the only sector of the economy that’s growing. In fact, the number of government union members is now larger than private sector union members. In our corporatist government model unions are part of the power elite. They put money in and get jobs and union dues out.
Richard Posner, judge for the 7th Circuit US Court of Appeals pointed out the purpose of unions “The goal of unions is to redistribute wealth from the owners and managers of firms and from workers willing to work for very low wages, to the unionized workers and the union’s officers. … Unions, in other words, are worker cartels. … There is also a long history of union corruption. And some union activity is extortionate: the union and the employer tacitly agree that as long as the employer gives the workers a wage increase slightly above the union dues, the union will leave the employer alone.”
However, in President Obama’s fundamentally transformed America, the government union bosses don’t use wealth from private firms they redistribute taxpayer money. What do these servants of the working man do with the money they get from American taxpayers? Do they use it to fund the pensions of their members? No, that pension fund is upside down while the pension fund for SEIU officials is funded at more than 100%. Besides feathering their own nests what could be more important than taking care of the people who actually do the work? Apparently, it’s lobbying for larger government needing more workers thus growing SEIU. Who said perpetual motion was impossible?
If the incestuous relationship between the government and its in-house union isn’t bad enough the Progressive apparatus captured several government agencies which act as conduits for their lobbying activities.
The National Endowment for the Arts (NEA) uses federal money to fund not only chocolate covered obscenities they also fund art designed to promote the agenda of President Obama an activity which in other countries we call propaganda. National Public Radio (NPR) using government funds and well chosen words to frame debates and shape opinion has long espoused the Progressive line from abortion to the man-made global warming hoax and the import-a-voter approach to immigration.
Where are those who believe in limited government? Why do they allow Progressives to create these government funded interest groups? The government has become an interest group and they’re working for their interest not ours.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Monday, April 26, 2010

Does Equality Mean We Are All The Same

In the Declaration of Independence a new thing entered the world, a country founded upon the idea of equality. The Old World consisted of societies built upon hereditary class and entrenched privilege. Beginning with words that still burn within the breast of Patriots, this great document proclaims two types of equality.
Based upon the first clause, “We hold these truths to be self-evident, that all men are created equal,” the first type is equality before the law. We all stand before the bar of justice on the same footing. There aren’t different laws for different classes. The definition of murder is the same for the homeless person, the mechanic and the billionaire. This equality, a natural part of our creation proclaims that neither classes nor other artificial divisions will ever be recognized in law or enshrined through legislation.
Based upon the second clause, “that they are endowed by their Creator with certain unalienable rights that among these are Life, Liberty and the pursuit of Happiness,” the second type is equality of opportunity. Everyone is entitled to their life and the fruits of it. Each of us has an equal right to the liberty of action, the freedom to choose our life’s path and to make our own decisions. And each of us has the right to pursue happiness. In almost all other lists such as this from the period, many of them written into state constitutions by the same people who wrote the Declaration, this is the right to own property and the happiness here is assumed to mean the right to use our own talents and the things they gain for us for our own benefit as long as we do not injure nor hinder others.
These rights and the equality they express were later protected by the Constitution. Congress shall not confer titles of nobility. Congress shall not pass bills of attainder convicting groups or individuals without a trial. Through the use of these and other negatives the Framers sought to secure Americans the possession of the equality proclaimed by the Declaration. The Bill of Rights went even further in declaring what Congress could not do in the attempt to guarantee the continued exercise of the equality granted by our Creator. The mechanism the Framers used to keep freedom alive was limiting government for they knew governments gain power by subtracting freedom from individuals.
However, it needs to be noted that the limitations placed upon government as a means of securing the equal rights of citizens in no way states that there should be a leveling of all people or that there will not continue to be distinctions and differences among them. This was never stated and never intended for the belief in or vision of a population with standardized talents, inclinations and goals does not match reality. There are as many different sets of these as there are people. In each individual, life should be open to choice. The only boundaries being that we do no harm nor proscribe the choice of others. This is the level playing field of creation, a pure equality of opportunity to be harvested in proportion to the Creator’s gift of talents and our investment of time and effort.
As long as the role of government is limited, and as long people are free to operate within the informal social arrangements of a non-regimented, non-stratified society there’s no tension between equality of opportunity and liberty. This quest for equality of outcome has become a social goal adopted as a reason for destroying society as it is in the name of society as a small cadre of radicals thinks it should be. In the aftermath of economic or societal collapse, revolutionaries, or in the case of the American Progressives “Evolutionaries,” will seek to erect in the place of popular government a bureaucratic tyranny devoted to leveling all to the lowest common denominator. Except of course for the levelers themselves who rise by deciding who gets what, and it’s the deciders who always seem to get the most. For, some perceive that equality of all is not the same as the equality of some, or as the ruling pigs in George Orwell’s novel, Animal Farm declare, “All animals are equal, but some animals are more equal than others.” This reflects the subversion of equality of opportunity into equality of outcome or as it’s termed by Progressives equal opportunity.
To build this monument to mediocrity the philosophers of progressivism subtly change the meaning of equality. Instead of the opportunity for all to succeed it becomes the certainty of everyone getting a trophy for showing up, a diploma for attendance or a check for not working. Built upon the premise that if all are created equal all should end up equal thus denying the goal of equality the chance to go as far and as fast as talent and hard work can lead.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Monday, April 12, 2010

We Must Know Who We Are to Decide What We Will Be

Forget about the debate the government parties and the geriatric media want us to have, “Are you a Republican or a Democrat?” The debate we need to have concerns what we were meant to be, not who they tell us we should be. Instead we should discuss issues of substance such as, “Are we a Republic or a Democracy?” for this will lead us to the truth. In today’s polarized political atmosphere conservatives shout “Republic!” while progressives scream, “Democracy!” In truth, neither term fully describes the boldest experiment to provide individual freedom and release human potential in the history of mankind. There is a third term needed if we are to grasp the qualities which makes us who we are.
The United States was birthed in the fire of revolution against the denial of personal freedom and the expropriation of resources by an authoritarian government. The first attempt to balance the rights of the people, the prerogatives of their local states and the need for a centralized structure to face other nations on the world stage, the Articles of Confederation proved inadequate. Then the Framers crafted a constitution establishing a democratic federal republic. All three terms democratic, federal, and republic are needed to express the unique nature of the American Experiment. Not one of them conveys the strength of the three and therefore cannot stand alone. Together they outline the form of government and the manner in which it shall be chosen, yet even these loaded terms leave unstated the inner essence of the last best hope of humanity. For it is the separation of powers, private property rights and the checks and balances built into the system that has safe guarded liberty and unleashed the potential of the American people.
The fact that instead of a reasoned debate about who we are, where we came from, and how we got here we stand on opposite sides of barricades shouting slogans at each other highlights the need for all of us to educate ourselves in the history of the principles and values upon which our country was founded. The current public educational process is a government mandated system which forces teaching to a test that’s forgotten as soon as it’s passed. The teaching of American History has been presented as a boring jumble of names and dates for a few semesters in 12 years since before any of us were born. It’s time for anyone who wants to understand what’s going on in our rapidly evolving political landscape to dig in and educate ourselves. We cannot allow those who want to subvert the home of the brave and the land of the free either to the right or the left to sway us with slogans and catch phrases. We have to know enough to know when we’re being conned by ideologues with a hidden agenda.
Ideologues reduce all things to the dimensions of their own thoughts. They oversimplify and overload words with meaning effectively blocking the channels of communication. They turn complex political, social and economic principles into cat-calls, catch-phrases and campaign slogans designed to move masses to emotional responses not individuals to reasoned reactions. It was the ideologue Karl Marx who reduced history to a conflict between capital and labor, charged all problems to the inequalities of capitalism, projected a continually deteriorating situation and then pointed to communism as the only answer.
We must resist the temptation to reduce our American experiment to an ideology. We cannot allow this bait-and-switch tactic to lead us to the mirage of a collectivist utopia. We need to understand this would deny and distort the constitutionally limited government we inherited. Ideologies start with a conception of mankind as made-up of interchangeable parts projects universally comprehensive answers and ends with enforced uniformity in society. In contrast America has facilitated diversity, individualism and a variety of life paths.
So, “Are we a Republic or a Democracy?” First of all, we need to understand these are not equivalent or interchangeable terms. Today both republic and democracy have become loaded with ideological baggage as in the Democratic Peoples Republic, or Social Democracy. To be specific: republic describes a form of government wherein representatives stand in place of others to deliberate, decide and lead. Democracy means from the people. But there is the third term that must be reckoned with if we’re to understand America: federal. Federal means a form of government in which a union of states recognizes a central authority while retaining certain residual powers of government. Putting this all together, the United States of America was designed to be a federation of states with a republican form of government chosen through a democratic process.
Those who declare we’re a democracy want majority rule while striving to build a majority of people dependent on the government tax, tax, tax, spend, spend, spend, elect, elect, elect. Those who say we’re a republic have problems with the direction taken by the representatives whose very existence proclaims this to be a republic. This is where the third word fully impacts the other two. The federal nature of the American experiment declares to all that this is an elected representative government of limited power and separated authority. We are not a centrally-planned unitary government based on mob-rule. If we will learn who we are perhaps then we will see clearly who we will be.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net

Monday, April 5, 2010

Since Some Don’t Worry About the Constitution We Should

One of the greatest challenges in teaching History is to convey the uniqueness in its conception of something that through the passage of time has become an accepted part of everyday life. When something has been around longer than we have it’s hard to realize that it wasn’t always there. It takes a conscious effort to understand that yesterday wasn’t today only earlier and tomorrow won’t be today only later. The permanence of the now is an illusion which helps us walk as if the shifting sands of our lives are really the solid shore of the sea of time.
When Americans organize anything of importance they immediately write a construction. In most cases American organizations include a president, vice-president, and a legislative type board. From the classroom to the boardroom from Main Street to Wall Street this is just the way we do things. The idea that there needs to be a written constitution is assumed. And looking at our history this only makes sense. For hundreds of years and for generation after generation we have lived lives of peace, prosperity and power under the shade of the most remarkable secular document to have ever come from the hand of man, the Constitution of the United States.
The birth of our Constitution shines as an almost miraculous event in the story of mankind. From the beginning of time might had always made right. One strong arm after another elbowed their way to center stage. Once there eventually their descendants grown fat on the plunder of the helpless became in turn plunder for the next strong arm. Those who managed through the passage of time to become fixtures in their culture reigned as monarchs saying God gave them a divine right to continue plundering those under their sway conveniently forgetting it was the strong arm of their less noble ancestors that slaughtered their way to the top. They may have arrived in chariots, but they were chariots of steel not fire.
A few centuries before the founding of the English colonies in America the people of England began to put limits on their king. They used violence and economics to wrest the guarantees of some basic individual rights, the recognition that the king was not absolute, and that there were some checks upon his power. The Magna Charta, the Petition of Rights, and the Bill of Rights were snatched from the king’s chain-mailed fist. Through the passage of time they became the accepted rights of all Englishmen. And when our ancestors founded Virginia, the first among English colonies the charter granted by the king stated that those who came to the New World were granted all liberties, franchises and immunities as if they were abiding and born within England. The colonists believed this and acted accordingly. With loyalty to the King and Parliament they set about organizing the land. Local assemblies, republican in nature were democratically elected. And it was only when George III and his ministers seemed to have forgotten that the colonists had rights that Americans took up arms to secure those rights.
After the Revolution, when it came time to create a government the Framers turned to a written constitution. In the birth of nations this was something new. England does not have a written constitution. Ours was the first; a unique attempt to limit government in order to preserve liberty. Most constitutions in the world today model themselves after ours. And if their authors did not consciously model their written document after ours the very concept of a written constitution is of American origin.
This earth-shaking event has become mundane. This ground-breaking experience now seems so common it’s glossed over with the boring presentation of a high school history class, memorize some names and few dates, regurgitate it for a test and forget it. For the first time a people had founded a government of the people, by the people and for the people. And to ensure the tranquility and safety of the people they limited that government through the separation of power into three branches and the maintenance of a unique federal system of sovereign states united as one. This is the source and the summit of American greatness: the Constitution which established and maintained a limited government providing for life, liberty and the pursuit of happiness.
Using the ideals and moral standards of the present to interpret the past is known as Presentism. Using presentism as a lens, many citizens today believe the Constitution is a living document meant to be reinterpreted with each passing generation. Others echo the former U.S. Attorney General Alberto Gonzales point of view, “The Constitution is what the Supreme Court says it is.” Instead of changing the document through the established amendment process they believe they can change the document through court decisions, precedent and legislation.
Twenty-first century America has been called post-Christian, post-capitalist, and post-racial. I would suggest that if we continue on the path we’ve chosen the future may refer to twenty-first century America as post-constitutional. For if the leaders of the present can impose unconstitutional laws then we’ve ceased to have a government of laws and have instead a government of men. One Congressman summed up the arrogance of our leaders perfectly. When asked where in the Constitution he finds the authority to impose the burden of purchasing health care on the American people he answered, “I don’t worry about the Constitution.” Since he doesn’t we should.
Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College and History for the American Public University System. http://drrobertowens.com © 2010 Robert R. Owens dr.owens@comcast.net