Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Putting an end to Constitution worship
Yale Daily News ^ | 9/22/05 | JEFF MANKOFF

Posted on 09/23/2005 10:22:35 AM PDT by kiriath_jearim

GUEST COLUMN | JEFF MANKOFF

Published Thursday, September 22, 2005

Putting an end to Constitution worship

This past Saturday was something called "Constitution Day," though, except for some obnoxious fliers around campus put up by the Orwellian-sounding Committee for Freedom, you can be forgiven for not knowing that.

Constitution Day is a new quasi-holiday foisted upon us by Congress at the behest of Sen. Robert Byrd to force schools receiving public money -- including Yale -- to set aside time on the anniversary of the document's adoption in 1787 to teach about the Constitution.

This holiday is another ridiculous example of the "sanctimonious reverence," as Thomas Jefferson termed it, in which many Americans hold the Constitution and the Declaration of Independence. Both documents no doubt played important roles in the American colonies' struggle to free themselves from British rule and establish a new nation. Recognizing them as crucial pieces of American history is one thing, but worshiping them like sacred texts goes too far.

The Constitution in particular needs to be stripped of much of the mystic awe surrounding it, since it continues to shape American political life, yet suffers from serious flaws. Many of these flaws could be corrected by wise legislation, if only legislators, and the public, were not so deeply attached to the Constitution that they cringe before any attempt to substantively alter it.

The Constitution, while laying the foundation for the creation of a great American nation, was also very much a product of its time. Though it has mostly aged well, the Constitution has also given us a rigid 18th-century political system not always well suited to the modern world. Even with its amendments, the document is fraught with problems too rarely acknowledged by politicians or the public.

As Yale political scientist Robert Dahl has pointed out, the Constitution is grossly undemocratic. Since Wyoming, with fewer than 500,000 inhabitants, has the same clout in the Senate as California, with almost 34 million, each Wyomingite counts 68 times as much as each Californian. The Constitution is also responsible for burdening us with the Electoral College, a body designed to purposely undermine popular sovereignty. The 2000 election, when Al Gore outpolled George Bush but was denied the presidency by the Electoral College (with an assist by the Supreme Court), is the most recent example of 18th-century oligarchy trampling 21st-century democracy.

Besides being undemocratic, the Constitution is also, in places, just poorly written. Take the Second Amendment, which mentions the need for a well-regulated militia and conferring the right to bear arms. Because of the Framers' unclear wording, no one has been able to establish definitively whether this right belongs only to the militia or to individuals. The easiest and fairest solution would be to just rewrite the Second Amendment, but because the Constitution has taken on the aura of sanctity in our political culture, there is little likelihood of that happening.

Adhering to the Framers' "original intent," as many conservatives would have us do, is a recipe for oligarchy (which was, after all, what the Framers wanted). Creating the Electoral College and denying the vote to women, blacks and poor people were both part of the Framers' desire to keep power in the hands of people like themselves (and I have a sneaking suspicion many "strict constructionalists" would prefer things that way). The main alternative -- seeing the Constitution as a "living document" subject to constant reinterpretation -- is also anti-democratic, since it allows the judiciary to usurp power from the elected legislative branch. The Constitution needs changing, but it should not be up to the courts to change it.

Some of the Constitution's worst features have, it is true, been corrected by amendment -- though in the case of ending slavery and giving blacks the vote, the price was civil war. The Framers deliberately made changing the Constitution difficult, but at the price of a rigidity that has made the U.S. political system ossified and anachronistic. Jefferson argued that each generation should modify the Constitution to fit its own times, since "each generation has the same right of self-government [as] the past one." Jefferson's modest regard of the Constitution as an edifice in need of constant repair is a much better way of think of our nation's most important document than the sanctimony that has given us "Constitution Day."

[Jeff Mankoff is a sixth-year Ph.D. student in the History Department.]


TOPICS: Constitution/Conservatism; Culture/Society; Philosophy
KEYWORDS: constitution; constitutionday; leftistgarbage
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 121-128 next last

1 posted on 09/23/2005 10:22:35 AM PDT by kiriath_jearim
[ Post Reply | Private Reply | View Replies]

To: kiriath_jearim
Jeff Mankoff is a sixth-year Ph.D. student in the History Department.

He has a sixth-year, third-grader's grasp on the history, as well as the legal, political, and societal underpinnings of our nation.

Seriously, he must eat lead paint chips with his lunch each day.

2 posted on 09/23/2005 10:27:54 AM PDT by dead (I've got my eye out for Mullah Omar.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

--As Yale political scientist Robert Dahl has pointed out, the Constitution is grossly undemocratic. Since Wyoming, with fewer than 500,000 inhabitants, has the same clout in the Senate as California, with almost 34 million, each Wyomingite counts 68 times as much as each Californian.--

That's because we're a republic, not a democracy, you moron.

There's a reason we're called the united STATES of America, not the united PEOPLE of America.


3 posted on 09/23/2005 10:28:02 AM PDT by flashbunny (Do you believe in the Constitution only until it keeps the government from doing what you want?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

Oh, the horrors of learning about the Constitution at Yale.
The admission that "it has aged well" speaks volumes in itself.


4 posted on 09/23/2005 10:28:21 AM PDT by caisson71
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

Future star of the Democratic Party in the making!


5 posted on 09/23/2005 10:28:59 AM PDT by A.Hun ("I am free because I know that I alone am morally responsible for everything I do" Heinlein)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
Jeff Mankoff is a sixth-year Ph.D. student in the History Department.

Yea, yea, yea...if only we could strip the constitution of those quaint notions of individual freedom, keeping and bearing arms, etc...then folks like this nitwit could enlighten us all and be free to develop another socialist utopia on earth.

As if folks of his ilk aren't already making far too much progress towards that misbegotten end anyway.

This huy, IMHO, and his Phd are just more of that "Piled Higher and Deeper" definition.

6 posted on 09/23/2005 10:29:14 AM PDT by Jeff Head (www.dragonsfuryseries.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

That new constitution every week thing has sure worked well for France.

(Subtext of this lefty's article is that what we need is, "a constitution that we can easily shape to our ever leftward leaning progressive notions of what's acceptable or desirable, such as abortion, gay marriage etc. What Mr. Lefty PHD doesn't understand is a constitution with the rigdidity of a piece of warm play dough, could just as easily take away everything he probably holds dear, such as wealth redistribution, abortion on demand etc.)



























7 posted on 09/23/2005 10:31:15 AM PDT by NavVet (“Benedict Arnold was wounded in battle fighting for America, but no one remembers him for that.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
As Yale political scientist Robert Dahl has pointed out, the Constitution is grossly undemocratic. Since Wyoming, with fewer than 500,000 inhabitants, has the same clout in the Senate as California, with almost 34 million, each Wyomingite counts 68 times as much as each Californian. The Constitution is also responsible for burdening us with the Electoral College, a body designed to purposely undermine popular sovereignty. The 2000 election, when Al Gore outpolled George Bush but was denied the presidency by the Electoral College (with an assist by the Supreme Court), is the most recent example of 18th-century oligarchy trampling 21st-century democracy.

Holy crap. Nice to see what kind of PhDs the history program is turning out.

The balancing body is called the House of Representatives. Learn about it.

The Electoral College is a further check and balance against the inbreeding of the intellectual elite in their small caves called "Major Cities". Learn about it.

And by the way, Mr. Mankoff, you represent the oligarchy-- so to call this a victory is kinda misleading.

8 posted on 09/23/2005 10:31:26 AM PDT by Egon (By the way, I took the liberty of fertilizing your caviar.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
Take the Second Amendment, which mentions the need for a well-regulated militia and conferring the right to bear arms.

It depends on what the meaning of "right" is.
9 posted on 09/23/2005 10:32:01 AM PDT by uncitizen
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
The Constitution in particular needs to be stripped of much of the mystic awe surrounding it, since it continues to shape American political life, yet suffers from serious flaws. Many of these flaws (in the Constitution) could be corrected by wise legislation, if only legislators, and the public, were not so deeply attached to the Constitution that they cringe before any attempt to substantively alter it.

Wow!

And he has the nerve to call "Constitution worshipers" sanctimonious?

10 posted on 09/23/2005 10:32:05 AM PDT by E. Pluribus Unum (Islam Factoid:After forcing young girls to watch his men execute their fathers, Muhammad raped them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
This guy has a PhD? The second amendment is as clear as day when one takes the time to read the contemporary literature that came along with it. Ditto the rest of the Constitution. Has this moron no knowledge of the "Great Compromise"? Every single word in our Constitution was heavily contemplated prior to ending up in the final draft.

People need to start looking past the end of their noses when they review history. .

11 posted on 09/23/2005 10:32:21 AM PDT by yooling (I don't have anything nice to say...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
and conferring the right to bear arms.

This writer is suffering very much from the socialist agenda.
The Constitution does not grant the people any rights. It is the document where "we the people" grant the Federal Government its rights.
Several very important "rights" are called out in that the Constitution requires the Federal government to protect them, or in cases, forbids the Federal government from infringing on them, but it does not grant the people anything.

GE
12 posted on 09/23/2005 10:32:33 AM PDT by GrandEagle
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

He has a Doctorate in history and he thinks the USA is a democracy?


13 posted on 09/23/2005 10:32:44 AM PDT by rattrap
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

The Constitution was clearly a product of its time, and of compromise. One of its basic functions was to limit government power.

The author of this article clearly does not understand this, and he thinks that it is undesirable. He seems to worship at the altar of "Democracy".

There is a clear means of altering the Constitution by means of amendment. In view of the overwhelming success of the Constitution in creating the wealthiest, most powerful and most free country in the world, it is up to those who wish to alter the basic contract of our country to make that case that such change is necessary and desirable.

IMHO, the author failed miserably in making any such case.


14 posted on 09/23/2005 10:32:55 AM PDT by marktwain
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

God forbid college kids might have to learn about the bedstone of this nation.


15 posted on 09/23/2005 10:33:08 AM PDT by jb6 (The Atheist/Pagan mind, a quandary wrapped in egoism and served with a side order of self importance)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

Well that's just plain sad.


16 posted on 09/23/2005 10:33:09 AM PDT by cripplecreek (Never a minigun handy when you need one.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim
Another idiot with an axe to grind about the Senate and the Electoral College. It's the left's inability to recognize the genius of that system that will ultimately doom attempts to combine states into a nati,on like the EU, to failure.
17 posted on 09/23/2005 10:34:49 AM PDT by Question_Assumptions
[ Post Reply | Private Reply | To 1 | View Replies]

To: flashbunny
That's because we're a republic, not a democracy, you moron.

LOL... Man, these people are stupid! And Yale will reward this dork with a doctorate.

18 posted on 09/23/2005 10:35:05 AM PDT by My2Cents (The political battles of our day are battles over morality, between the haves and the have nots.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: kiriath_jearim
Ah, yes. A sixth year PHD student. I'm sure his extensive experience in the real world gives him sufficient background to critique a document that gives him the right to be as arrogant and assuming of intellectual superiority as he is.

Another pissant exposes himself. Do you think another six years of acadamecia will cure it? I think not.

19 posted on 09/23/2005 10:35:28 AM PDT by Adrastus (If you don't like my attitude, talk to some one else.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kiriath_jearim

Yale - your tax $$ at work. YGTBSM.


20 posted on 09/23/2005 10:35:37 AM PDT by tgusa (USN A-6 pilot)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 121-128 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson