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Founding Fathers

This Land Is Our Land

June 7, 2019 by Peg 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.

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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

An Imbalanced Three-Legged Stool

October 5, 2018 by Peg 1 Comment

Why are so many people on all sides so angry about the United States Supreme Court life-time appointment? The answer may be in the question: it is an appointment and it is for life.

The true genius of the Founding Fathers was they understood power corrupts and since human beings constantly seek power it must be diffused into three branches of government. What they did not anticipate was that the Supreme Court, the Judicial Branch, would slyly usurp the power of the Executive and Legislative branches, starting with Chief Justice John Marshall and the case of Marbury versus Madison in 1803 in which the Supreme Court declared it had the power to review and invalidate or validate decisions of the other Branches.

This power of review established an inequality among the three Branches that has grown to a crisis. Where the Judicial leg of the stool has neither power of the purse nor the gun, this power of review protrudes causing an imbalance. This is exacerbated by the appointment of the justices and the manner in which the appointments are made. They are appointed for life by one person, the President, with the “advice and consent” of the Senate, i.e., one hundred more people.

Whereas the public has the right to vote for the President and each member of Congress, the public is shut out of choosing the extraordinarily powerful people in the Judicial Branch. This causes great concern for contesting groups when such personal issues as health care, police powers, control of one’s body, and distribution of tax monies may work their way from the legislative and executive bodies to the courts. For it is more true today than ever that as the visiting French philosopher and tourist Alexis de Tocqueville declared in 1835: in America, eventually every political question becomes a judicial one.

With the President, every four years we can make a change. With members of the House of Representatives, every two years the entire House can be changed and with the Senate, if we wish, in six years we can choose someone else. That is the crux of why people are so desperate to influence the choice of a Supreme Court Justice, i.e., it is not a choice made by them and it is for life.

It seems to me a rational solution is to change how we select our federal judges. Of course, I think all judges at all levels should be elected in a modified non-partisan election, but today we are just addressing the federal food fight that embarrasses and endangers us all. I suggest we put any future Supreme Court replacement on the ballot and limit their term. Of course, this will require amending the Constitution, but the Constitution has been amended many times before. Power to the People, not the politicians, is worth considering and worth the trouble it will take to make the change.

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Filed Under: America, Democracy, Gavel Gamut, Judicial, Law Tagged With: Alexis de Tocqueville, amend the Constitution, Chief Justice John Marshall, elect all judges in a modified non-partisan election, eventually every political question becomes a judicial one, executive branch, Founding Fathers, imbalanced three-legged stool, James M. Redwine, Jim Redwine, judicial branch, legislative branch, life-time appointment of federal judges, Marbury versus Madison, power to review and invalidate or validate decisions of executive or legislative branches of government, Power to the People not the politicians, Supreme Court Justice, three branches of government, United States Supreme Court

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