• Skip to primary navigation
  • Skip to main content

James M. Redwine

  • Books
  • Columns
  • Events
  • About

Constitutional Convention

This Land Is Our Land

June 7, 2019 by Jim Leave a Comment

Woody Guthrie (Woodrow Wilson Guthrie 1912-1967) came of age in the Dust Bowl during the Great Depression. When one hears Woody sing about the America of those times Guthrie’s personal experiences and perceptions should be considered. In that context, his song’s ironic lyrics that point out America might not have been made for everybody speak to those Americans left out by our Founding Fathers, who were all well-to-do white men.

James Madison (1751-1836) is called the Father of the United States Constitution for good reason. He conceived of and drafted most of the Constitution including its first ten amendments, the Bill of Rights. Madison and the rest of the fifty-five well-to-do white men who attended the Constitutional Convention in Philadelphia, Pennsylvania from May 25 to September 17, 1787 met in secret. The public and the media were excluded and the delegates were sworn to secrecy.

Madison and his fellow Virginian, George Mason (1725-1792), were of like mind in believing average citizens were not equipped to govern themselves and, therefore, a Constitution needed to provide for a government to consist of capable representatives who could provide for the common good. Such groups as women, Negroes and Native Americans were not to have a say in determining their own destiny. Over the years since 1787 we have slowly and gradually addressed some of the Founders’ omissions.

Slavery was abolished almost one hundred years late by the XIIIth Amendment and women were given the right to vote by the XVIIIIth Amendment in 1920. Young men who could be drafted to fight for their country at age eighteen but could not vote until age twenty-one, were fully enfranchised in 1971 by the XXVIth Amendment.

America from the Spanish Conquistadors of the 16th century until this very day has struggled with what were, are and ought to be the ideals of our country’s government. Competing interest groups such as religious sects, LGBTQ citizens, immigrants, political parties, social and cultural associations, news media and countless others exert pressures and vie for recognition and inclusion in our American dream of equality and equal opportunity. In short, America calls itself a melting pot, but it is often more of a bubbling cauldron of competing aspirations.

As we near our mutual birthday on July 04, we may wish to re-examine the base upon which our national dreams were founded and candidly evaluate our progress. Of course, it is only human that in a country of over three hundred million people we will always have disagreements on what directions to go and the best methods for getting there. And we should, also, probably both recognize the genius of our Founders and remember they were simply humans too.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Filed Under: America, Democracy, Events, Gavel Gamut, Patriotism, Slavery, Women's Rights Tagged With: America, American dream of equality and equal opportunity, Bill of Rights, Constitutional Convention, Dust Bowl, Founding Fathers, George Mason, Great depression, immigrants, James M. Redwine, James Madison, Jim Redwine, July 4, LGBTQ citizens, Native Americans, Negroes, political parties, religious sects, slavery, social and cultural associations, Spanish Conquistadors, women, Woody Guthrie, XIII Amendment, XVIIII Amendment, XXVI Amendment

The Constitutional Convention and Cable News

September 29, 2017 by Jim 1 Comment

The Constitutional Convention was held in Philadelphia in 1787. The delegates kept the proceedings secret to avoid, “licentious publications of their proceedings.” James Madison, the Father of the Constitution, stated that no Constitution would have ever been adopted if the debates had been public. Remarkably, for four months the secrecy was maintained.

Can you imagine the motives CNN, FOX and MSNBC would have projected upon George Washington, et. al.? No delegate would have escaped the allegations of lying or even treason to the Revolution.

But inside the Convention the fifty-five delegates, half of whom were lawyers, debated the most volatile issues of the day. Slavery, whether we would have one-man-one-vote or an electoral college, large states versus small states, foreign attachments, the establishment of courts, provision for national defense and many others. How did they do it?

Of course, I do not know. However, I am pretty sure no one was called a liar for stating his views and no one was ascribed venal motives. Most likely George Washington as the presiding officer of the Convention made sure each delegate had an opportunity to present his views and everyone else had an opportunity to respond.

Maybe it is because I am a judge and once practiced law but it seems likely to me the Constitutional Convention proceeded much as a court case. First an issue would be brought up, States’ Rights for example, then each delegate who wished to would state his position. Then, after extensive but civilized debate a vote would be taken.

This time honored approach to resolving controversies has served the legal system and America well for over two hundred years. First define the issues for resolution, a criminal trial for example, then allow each side to fully present their views without threats or name-calling.

I humbly suggest this same respectful approach will work in every conversation from government to individuals. Shouting down or using force to prevent those one disagrees with from speaking will not result in the kind of result we achieved in 1787.

As I was writing this column I received an email and an attachment from my friend Jerry Wade of New Harmony, Indiana who used to live in New York City and who still subscribes to the New York Times.

Jerry must have been really bored recently because he has obviously been following my column about our country’s increasingly uncivil discourse. Jerry sent me an article by Bret Stephens that appeared as an opinion editorial in The Times. It contained an excellent analysis of the current climate surrounding “Freedom of Speech”, a.k.a., “If you don’t agree with me, you must be crazy!”

I will share a small portion of Stephens’ article with you.

“We disagree about racial issues, bathroom policy, health care laws and, of course, the 45th president. We express our disagreements in radio and cable rants in ways that are increasingly virulent; street and campus protests that are increasingly violent; and personal conversations that are increasingly embittering.”

Stephens does suggest a solution:

“… [T]o disagree well you must first understand well. You have to read deeply, listen carefully, watch closely. You need to grant your adversary moral respect; give him the intellectual benefit of doubt; have sympathy for his motives and participate empathically with his line of reasoning. And you need to allow for the possibility that you might yet be persuaded of what he has to say.”

In other words, to have productive intellectual discourse we have to first concentrate on being civil.

 

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Filed Under: America, Democracy, Gavel Gamut, Judicial, Language, Law, News Media, Slavery Tagged With: civilized debate, CNN, Constitutional Convention, electoral college, establishment of courts, Father of the Constitution, fifty-five delegates, foreign attachments, FOX, George Washington, issue for resolution, James M. Redwine, James Madison, Jim Redwine, large state versus small state, lawyers, legal system, licentious publications, MSNBC, one-man-one-vote, Philadelphia, present views without threat or name-calling, provision for national defense, Revolution, slavery, States' Rights

Feet of Clay

August 25, 2017 by Jim Leave a Comment

Picture by Peg Redwine

William Shakespeare had Marc Antony preach these words at Julius Caesar’s funeral:

“The evil that men do lives after them; the good is oft interred with their bones.”

Act III, Scene 2

Antony went on to list Caesar’s accomplishments in addition to his being ambitious. There was some good, some bad. Perhaps the citizens of Rome should have erected a partial statue of Caesar honoring just the good parts.

This could be a solution to our current controversy over monuments to historic figures. A committee could be composed of people who admire the works of a now dead leader and those who find the figure’s behavior flawed. A few examples might be helpful.

George Washington survived Valley Forge, presided over the Constitutional Convention and refused the opportunity to be named an emperor. On the other hand he owned hundreds of slaves and helped enshrine slavery into our legal system. The Committee might consider cutting the Washington Monument in half.

Thomas Jefferson was responsible for the Bill of Rights that guaranteed individual liberty but only to twenty-one year old white males. He also owned slaves and had children by one of them. Today such an employer/subject relationship would result in severe censure. Perhaps the Committee might recommend the Jefferson Memorial be closed every other week.

As we search for unblemished heroes to honor we could consider Abraham Lincoln who issued the Emancipation Proclamation. However, he at first averred slavery would be preferable to the disintegration of the Union and the Proclamation did not free all slaves just those in the states of the Confederacy. The Committee could maybe have a disclaimer added as a placard around his statue’s neck.

Andrew Jackson committed adultery, captured Seminole Indians under a flag of truce and as president created The Trail of Tears. On the other hand, he was a courageous and victorious military leader. A short bronze bust could replace his heroic sized statue.

As for Mount Rushmore the Committee would have to remove at least 3 of the 4 figures. Of course, Teddy Roosevelt had a penchant for shooting animals which might upset the ASPCA; so all 4 might have to be erased.

Right here in Posey County, Indiana we have a dilemma about what to do with our most famous citizen. Alvin Peterson Hovey was once Posey Circuit Court Judge, a Civil War general for the Union and our only governor. Unfortunately, he also was instrumental in helping to cover up the murders of seven Black men in October 1878. One of those Black men was shot and stuffed into a hollow tree on a farm owned by Hovey. Will the Committee have to remove the glowing patina from Hovey’s bronze in the Indiana State House?

One might look to Jesus as the paragon of virtue but even he got angry and threw the moneychangers out of the temple. He, also, voiced his hope that the cup of his great travail might pass from him. On the other hand, apparently no one knows what Jesus looked like unless one believes the Shroud of Turin is a clue. I guess the Committee would not be able to find any statues of Jesus to modify.

It appears that history has not provided us with any perfect examples to honor. Maybe the Committee will have to suggest that all statues be modified by substituting feet of clay.

Picture by Peg Redwine

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Filed Under: America, Circuit Court, Democracy, Females/Pick on Peg, Gavel Gamut, Judicial, Law, Males, Posey County, Slavery, War Tagged With: Abraham Lincoln, abuse of women, Alvin Peterson Hovey, Andrew Jackson, ASPCA, Bill of Rights, Civil War general, Constitutional Convention, Emancipation Proclamation, emperor, feet of clay, flag of truce, George Washington, governor of Indiana, Indiana State House, James M. Redwine, Jefferson Memorial, Jesus, Jim Redwine, Julius Caesar, Marc Antony, moneychangers, monuments, Mount Rushmore, murders of seven Black men in October 1878, paragon of virtue, Posey Circuit Court Judge, Posey County Indiana, Rome, Seminole Indians, Shroud of Turin, slavery, statues, Teddy Roosevelt, the evil that men do lives after them; the good is oft interred with their bones, The Trail of Tears, Thomas Jefferson, Union, Valley Forge, Washington Monument, William Shakespeare

© 2020 James M. Redwine

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.