Forward - The Case To Rewrite The U.S. Constitution

It is absolutely critical to acknowledge the fact that I write these thoughts under the full protection of the freedoms granted me in the current U.S. Constitution including the right to speak freely and challenge the very foundation of our government.  As a U.S. citizen it is incumbent upon me to protect our constitution as written, a responsibility I happily accept.  However, that responsibility does not limit my right to challenge it. 

Further, nothing contained herein is in any way intended to disrespect the millions of men and women who have served, fought or died to protect what can credibly be called the most meaningful document in history in terms of protecting personal rights and providing for a government by the people and for the people.  Nor is it intended to disrespect our founding fathers who acted with as much integrity and divine intent as could be expected of any human beings dealing with the issues they faced at the time.  Nor is intended to disrespect those duly elected or appointed officials at any level of government who have faithfully served in public office to deal with the myriad of issues involved in running our country in a constitutionally compliant manner while trying to balance the burden of modernity.    

I must be clear in my view that America, under our current constitution, has done far more good in the world than harm.  America’s role as a worldwide beacon of freedom and model for humane and civil governance cannot be overstated.  We have shed our blood to make the point in countless wars and to liberate people from the tyranny our constitution protects us from.  I am not now, nor will I ever be and apologist for America.  I love America.

However, writing this in 2020, the U.S. is now fracturing at the seams.  The country is horribly divided with a civil war seemingly more possible than at any point in over a century.  Distrust of the government has never been higher among all cross sections of Americans.  In fact, the majority of Americans, for sometimes wildly different reasons, have significant doubts, if not total lack of belief that the country works for them.  Whether it be doubting the integrity of elections, feeling economically disadvantaged, being fearful about the direction of the country or feeling treated differently under the law (whether that be tax laws or drug laws), many if not most Americans are coming to terms with what are now glaring imperfections in the basic structure and operation of our country.  This division is the most obvious reason for rewriting the Constitution, but there are many others. 

My view is there is only one way to make sustainable change such that the country survives and preserves the basic tenets that sustained America as the beacon of freedom it has been for most of the last 250 years. Said simply, it is to start at the foundation.  Yes, rewriting our Constitution.

I take on the subject of rewriting the U.S. Constitution with great humility, mindful that for many, the notion of convening a new constitutional congress and rewriting our most sacred national document is total and complete heresy. Afterall, we have been taught since childhood that the U.S. Constitution represents man’s greatest achievement in self-governance and preservation of personal freedoms.  There is no doubt that many hold the U.S. Constitution in equal esteem with the Bible both in terms of the divinity of its creators and the sanctity of its content.  For over two centuries, America has rightfully been viewed as the beacon of free and democratic government run by the people and for the people.  And indeed, over that period, the U.S. Constitution was at the very heart of the viral spread of democracy around the world. 

It should also be noted that the idea of rewriting our constitution is in no way meant to suggest that the document is bad or dysfunctional in its entirety.  Quite the opposite.  In fact, any serious conversation on the subject must start with the aspects of the current Constitution that must be preserved.

So, if a significant amount of the intent or language of the current constitution should be preserved, why then do we need to rewrite it?  As you will see throughout the book, there are three main issues around our current constitution that we can no longer ignore or effectively resolve through amendment and must now address via a rewrite of the document.

First is its general relevance to modernity.  Ratified in 1788, it might surprise some to learn that America is operating under the oldest constitution of any country in the world.  That in and of itself will be eyebrow raising for many.  Others will immediately say, “that just proves how perfect and timeless the document is”.   Regardless of your reaction, it is simply factual to say that the framers of the U.S. Constitution had never seen an electric light bulb, automobile, train, airplane, telephone, antibiotic, motion picture, television, radio, computer, bitcoin, stock market, skyscraper, or scores of other things that are now part of our everyday life.  Further, they could not have imagined the hyper connectivity and platform for commerce, communications and free speech that the internet would become.  When considered in whole, it is hard to imagine that our framers would even recognize or know how to operate in the world we live in today, any more than we would recognize theirs.  To this end, we will examine how their world impacted their choices and how those choice might be different if they lived today.

Secondly are the people who wrote it and how the issues that influenced them are different than the issues that matter to us today.  Again, without emotion or bias, just dealing with facts, our constitution was written by white, mostly wealthy, presumably straight men.  There was neither a woman nor person of color represented in the constitutional congress …let alone someone of known or open alternative sexual orientation.  So as a group, they looked nothing like the diverse America we live in today.  A full 50% of the 55 delegates to the constitutional convention either then currently or previously owned slaves.  As a result, it is impossible to assume that they ever imagined true liberty and freedom for everyone. And interestingly, none of them were born in this country.  As a result, what would become American “culture” could not have possibly been contemplated by them in second half of the 18th century.

Thirdly are the structural defects in our current Constitution that fail to protect our most basic rights and fail to guarantee a stable democracy.  In particular we will look at how the Bill of Rights creates circular dissonance and creates conflicts between the various rights it was designed to protect.  In addition, we will examine the notion of democracy and the ways the Constitution failed to give us the very things were taught about in school and hold so sacred.  In particular we will look at how state rights and federal power interact in ways that are often dysfunctional.  We will also examine how elections are run and the flaws in how we elect a President and other representatives. And we will examine the horribly undemocratic way laws are created and imposed upon US citizens.

Instead of dealing with these issues sequentially, we will deal with all three to varying degrees in article.  As you can already tell, all three issues are highly interrelated.  Indeed, the cultural, political, economic and technological environment of the day, the subsequent concerns and intent of the framers, and the intense negotiations around the final language all interacted to produce the document we have been running the country under for the last 240 years.  The goal of these discussions is to examine how relevant many of those things are today.  It operates from the basic premise of  “What if we were forming the country from scratch today…knowing all we know…being who we are…learning all we have learned…what Constitution would we write under those circumstances?”

The book will use a combination of history, examination of various laws and constitutional rulings and critical thinking to build the case that a rewrite of the constitution is necessary for the country to go forward and continue the process of forming a more perfect union.

Despite my strong desire to do so, my commentary will stop short of offering a draft a new Constitution.  The reason for this is avoid bias in my criticism.   I do not want to be seen as someone who seeks to redefine the country around my personal views.  Instead, I hope to be a voice that builds the case that the hard work of redefining the country, work that can only be done by a diverse cross section of great American minds, must in fact be done.  In my view, to avoid this hard work will ultimately mean the end of the country as we know it.  And while I do not spend anytime proving this point, I feel most clear thinkers would agree that the collapse of the United States would be a social and economic disaster of unimaginable global scale. 

I hope you will keep an open mind and realize that my goal is not to discredit any of the concepts we hold dear.  My goal is not to weaken America or disrespect our freedoms.  My goal is the exact opposite.  It is to start a conversation whereby we investigate the possibility of using thoughtful reinvention so that we can not only better fortify and protect our inalienable rights and to refine our approach to government to make a more perfect union that reflects who we are today…not who we were in 1788. And finally, to build a country that will continue to be the model of freedom and self-governance for people everywhere in the world for another 250 years.

Please know, I am just an ordinary American.  I spent my professional life in the software business.  At 57, I am now semi-retired and working towards being a full-time author, scratch golfer and performing musician.  I am a father of two wonderful adult children who I hope will thrive in this country as I have.  I am not a lawyer, nor Constitutional scholar.  I am just an ordinary American who wants our country to thrive into the next millennium.

Every effort has been made to keep these articles free from political bias.  My hope is people of all political persuasions will be able to at least indulge these ideas, even if they are not ready to support them.  And if people are offended...they are equally offended regardless of their political leanings.