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  • Writer's picturePhilip Drucker

Communique "Constitution Don't Fail Me Now" 6-9-2021

I start with a simple concept. It is not the US Constitution that is failing us, it is We, the People who by refusing to follow and comply with its broad, simple yet effective laws of good governance in a free society, that fails the Constitution.

Although written in 1787 and for its current infirmaries due to its age, and yes, there are many issues that need our attention, the Framers understood that it is a two-way street between the People and their representatives both of whom agree to defend the Constitution at all costs as it is the best way to insure our fundamental right to pursue our individual happiness while allowing for the joint and ongoing obligation between individuals and government, to form a more perfect union.

This may come as a shock to some of you, but the Founding Fathers were anything but infallible. Without the benefit of a working model to emulate, the Founders had little hard evidence that a nation of individuals could come together, committed to government by representation of the majority, to form anything even approaching a co-operative union of citizens and their government, at all.

They were the progeny of the Age of Enlightenment and believed that given the opportunity to do so, individuals could as a society and nation agree on what mutually beneficial goals should be established in the interest of the common weal, along with identifying those actions, often attributable to those having fallen to the siren songs of power and greed, invariably taken in detriment to and often in outward defiance of the will and rights of a people born into a democratic republic and hence, free from undue government sponsored infringement.

To this end the Original Framers gave us their best, often while drenched in beer, version of an owner’s manual embodying the ideals, rules and methods for good governance between parties committed to one person, one vote democracy by election and representation. You know, a Republic, if we can keep it.

Unfortunately, as good as their intent was, the Founders could not have anticipated the series of events leading us after little more than a generation, or perhaps two, the United States of America and in large part our inability as a nation to effectively deal with the divisive issue of slavery and broke our now very far from perfect union into two separate sovereigns, and eventually into a civil war.

When all the blood, dust, and dual ideology finally settled, and there was but one America, sort of, it resulted in the addition of three Constitutional amendments. Read in their totality, the 13th, 14th and 15th Amendments combine to prevent our nation, or any single State from ignoring their obligations to the people.

This, in recognition and affirmation that a nation who claims their national identity includes freedom for all, cannot truly be said to be made of free men, and soon thereafter, women, regardless of their race, creed and color, unless the seminal right to equal access to the ballot box be expanded and preserved as one of the greatest of gifts in search of equal justice and equality for all.

Yet even today, often shadowy individuals and clandestine groups continue to let’s say skew our elections often requiring intervention and assistance from local, state and the federal government and, in some cases, succeed.

Are corporations “persons” under the law and if so, do they have a right separate from their masters/owners’ rights to free speech including unbridled campaign donations? Thereby making money “speech” for purposes of an entity that has no mouth, that cannot write for they have no hands, and as it has no eyes cannot read?

In Shelby v. Holder, the US Supreme Court put at serious risk the entire campaign and election process by neutering the preventative pre-clearance measures of questionable restrictive election laws contained in the Voting Rights Act of 1965 (VRA).

Shortly thereafter, in fact the very next day the States formerly subject to section 4 of the VRA began and continue up and until the present to file restrictive voter ID laws, in reality a hidden poll tax, in a thinly veiled effort to promote the security of their elections, that are clear to any person who has a mouth, hands, eyes, ears, nose and most importantly a functioning brain, aimed at the suppression of minority voters.

Today, with the introduction of the “Big Lie” into mainstream politics as “truth” the situation has only gotten worse with even the pretense of racial neutrality violently torn away with the scab of racism now openly on display by the January 6, “stop the steal” insurrection at the Capitol Building.

How did we get here? In large part by ignoring the Constitution. Last time I looked, there was no clause protecting a bunch of thugs mistaking themselves for patriots to storm, loot, destroy property or terrorize our Congress in the Constitution. I must have missed that one. My bad.

For its part, as the supreme law of the land though not strictly a penal code, includes a description of treason, and allows for the enactment of Federal laws regarding conspiracy, insurrection and sedition with appropriate punishments provided. You know, the things we don’t as a society want you to do? In largest part the protection of individual rights and I would suggest the very reason for the Constitution.

We have seen open season on our 1st Amendment Rights to protest to the degree in Florida, anti-mob legislation gives the immunity to citizens who ram their vehicles into protestors for their civil liability with I assure you a criminal get out of jail free card for the same kind of violence just around the corner.

Why, throw in a massive misreading of the 2nd Amendment starting with ignoring the part about well-regulated militias and ending with there is no such thing as an absolute right under the Constitution, and there you have it.

In conclusion, the US Constitution, like its predecessor Magna Carta, is an attempt at limiting the power of a monarch, even anointed by divine intervention at that, by written document. Therefore, it’s a piece of paper. Don’t blame it if you are not going to follow it.

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