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Tuesday, September 30, 2014

A New Constitution?

At Salon, Andrew Burstein calls for replacing the Constitution.
Though they haven’t articulated it as such, Americans want a new constitution that actually does what the original Constitution was supposed to do: serve the public good.

So, what would that document ideally look like?

It would surely reject outright the decadent, cowardly impulse to fashion a body of laws with special perks designed to prop up the few and wealthy while more or less throwing crumbs to the poor and powerless. Its overall function would be to improve the quality of life across the country, in places big and small. Let’s put it in all caps, and maybe stick it in the Preamble: TO CALL ITSELF A REPRESENTATIVE DEMOCRACY, A NATION MUST BE REASONABLE AND EQUITABLE IN THE DIVISION OF POWER.
James Madison had a different take.  In Federalist 10, he explicitly said that government should protect "different and unequal faculties of acquiring property."
The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.