The Amendment That Ascertains
Power to This Independence Day
Dispensing all pomp and circumstance, national birthdays have a way of turning into numbing occasions for grandstanding patriotism and overindulgent gluttony. It’s no different in the U.S., even as Independence Day marks a moment of rebellion and self-sacrifice.
That being said, flags and (non-military) parades are ok, but it can’t hurt to focus on the constitutional side of that storied statement signed by the 13 colonies, which Congress adopted 243 years ago today, and whether it still holds sway as the highest law of the land.
As such, after almost two and a half centuries, it’s held up pretty well. As the nation went through its growing pains, it managed to extend the original liberal slant of its founding documents, even as it amended them, while also adding some truly lofty goals as far as individual rights are concerned. Yes, that can, and it seems to be already changing. Still.
The paradox about those high standards is that they’ve made the U.S. Constitution both an example of steely idealism committed to a set of amendments, and also a pragmatic tool, vulnerable to be waged against the very principles it vows to defend. Take now, for instance.
Despite having enjoyed a full century of world economic and military domination, without stealing land or doing away with its institutions, the past decades have presented serious challenges to its tradition of constitutionality and the rule of the law. Need to say more?
It brings no joy to mention this today, but with two long, unjust wars, thousands of American and foreign lives lost, billions of dollars wasted into the buildup of a scary military complex, the U.S. is more than ever perceived globally as a bully, with no respect to its own legal precepts. How did it come to that? Well, way before that rotten orange stench took over the White House’s lawns, that’s for sure.
(BOUNCED) CHECKS & IMBALANCES
The framers of the Constitution ‘did not want to rely on the promises of good motivations or good intents from the government,’ Professor of Law Jonathan Turley told the actor John Cusack in a 2013 interview. ‘They created a system where no branch had enough authority to govern alone, a system of shared and balanced powers.’
Turley blasted the Obama administration’s efforts to block prosecution of CIA operatives accused of torture during the Bush era as a flagrant infringement of international law. ‘Soon after 9/11, government officials started to talk about how the Constitution is making us weaker, how we can’t function by giving people due process.’ He was right, of course; some of them are indeed back in power.
Remember, that’s when Edward Snowden offered proof that the NSA had been spying on Americans and even foreign dignitaries for years. But as it happened with rumors (more)
* Natural Law
* Pleading the Fifth