Comment Re:Fundamental rights belong to everyone (Score 1) 23
evought, you are too nice and too smart for this to get heated. And if I seemed angry it wasn't at you. I get heated all by myself.
You've given me some things to think about and a reason to read a little more background, for which I am grateful. And I agree about Blackstone and Paine, but it's amazing how misused those fundamental authors can be. I see their writing cherry-picked over like a bowl of M&Ms, with people looking for partisan justification. And I do it too. The spirit of the Enlightenment was inspired, but as with most things, the devil was in the details. My favorite parts of the debates are when the delegates start throwing Montesquieu quotes at each other like a liberal Catholic priest and a evangelical preacher having an argument using only Biblical quotes. When you knew the real argument was about stuff that was a lot more mundane, like money, power, and how to come up with a document that would reverse some of the more democratic impulses of the Articles of Confederacy. Because at the end of the day, it seems to me like the point of the exercise was to keep the aristocracy in place (or at least a kind of oligarchy) while coating it with enough democratic language so that need be, they could convince farmers to put down their implements, leave their families and fight and die for a government over which they had little say. Like firebrand Jeremiah Cornelius likes to say, the Constitution was a counter-revolutionary document. I see it the same way.
It doesn't make the Constitution any less wonderful in my eyes, it only makes it more human. Some wealthy white men wanted to cement their place at the head of the table and they wanted to brandish the words of the Enlightenment to make it so. Fortunately for the surviving Enlightenment thinkers, there was no Internet so they didn't really get a chance to see the results in their full glory. Though a few seem to have had a few difficult moments when during the time visiting the colonies they would get a glimpse of black men and women in chains being sold as chattel. The amazing and quite special part - for me- is that ordinary Americans continue to agree to be bound by this document. It shows much more how great is the desire of this people to live in a peaceful and organized civil society than it does the magic power of the Founding Fathers. They're desire to stay whole as a people. To me, it's proof of the notion of a "living document", because it's been twisted and turned to adapt to times so drastically that if it wasn't living, it surely would have crumbled to dust long ago. The Constitution itself should have been, like Jefferson suggested, redone before the end of the 18th century. And probably half a dozen times since then. It endures not because of it's innate qualities, but rather because of the innate qualities of the people who agree to be bound by it (as opposed to the ones who take an oath to it. Most of them don't seem to give a damn.). Even when (or maybe especially when) things are at their worst, they turn to a mythical notion -an ideal - of the document in order to try to find their way back. Not back to a notion of the Founders, but back to living their lives peacefully without getting torn to bits. The Constitution is used to argue imposition and discrimination as often as it's used to argue liberty and equal protection. Same document in both cases. It not only lives, it seems to be chameleon in nature.
As someone who most people would call a "liberal" (though I'm not really so much that), I have a pretty high opinion of the American people. Even the ones who got here since this morning. When I say, honestly, that I love my country, I think of them more than I think of our institutions or founding documents. Traveling elsewhere has only made that love stronger.
Say, evought, you ever come to Chicago, I'll sport you to the beverage of your choice. I'm glad to have had this encounter and glad it lasted long enough to be friendly. It doesn't happen often enough with me, so I hope some of your civility rubs off. And it's not just this concoction my wife made tonight of over-ripe plums pureed with bourbon and honey. I swear. Now I will retire to my back porch where I will practice my chromatic harmonica until it's time to walk the dog.
"Honey, is there any more of this plum stuff?"