Our Decrepit Constitution: Welcome to the Future

Our Decrepit Constitution: Welcome to the Future

The Framers were intelligent, perhaps even brilliant men. But they were not clairvoyant. They could not see into the future. They designed a government for the times they lived in, assuming that all future times would be similar.

The pace of change quickened abruptly after 1860. The Civil War accelerated the building of railroads, which in turn led to increased production from steam power. The industrial revolution brought great wealth but also brought poverty, dangerous working conditions, and child labor. The Framers could not imagine either the problems themselves, or their scale. European governments, where industry was well-established by 1860, created a safety net for victims of disclocation and unemployment. Germany passed the first unemployment and social security laws in 1889, 36 years before the U.S. passed theirs.

American thinkers have played important roles in the establishment of human rights and international institutions. Woodrow Wilson helped establish the League of Nations in 1919. The United Nations based its human rights proclamations on a speech by Franklin Delano Roosevelt, wherein he defined the four freedoms: freedom of speech, freedom of worship, freedom from want, freedom from fear. The Framers recognized the importance of the first two freedoms. They did not mention the others in their Constitution.

The United Nations wrote treaties guaranteeing the four freedoms after World War II. These treaties are known to many Americans as the Geneva Accords. The United States Congress refused to ratify many of these treaties. The current Senate refuses to ratify the Law of the Sea, a treaty that formalizes traditional laws concerning the use of the oceans and their protection. The Supreme Court does not accept many international treaties as binding on the U.S. court system. U.S. Presidents have ignored the Geneva Convention on prisoners of war and torture.

The U.S. Bill of Rights needs to be extended to protect foreign nationals from ill-conceived and dangerous military adventurism, like the wars in Iraq and Afghanistan and interventions in Nicaragua, Honduras, and Chile. The Constitution should incorporate the International Bill of Rights, so there is no question whether U.S. Courts should recognize the rights of women, children, and the poor.

Justice Scalia claims that the Supreme Court cannot ask whether a person is guilty of a crime, only whether his trial met the bare minimum standards of due process. Likewise, Scalia claims that the Court cannot look at the reality of discrimination and voter suppression, it can only consider whether Constitutional standards are being met. Scalia challenges his critics to find a right to privacy in the Bill of Rights, although the Tenth Amendment reserves any rights not mentioned in the Constitution to the States or the People. Scalia accepts the concept of implied powers because it suits him but refuses to accept the concept of implied rights because it does not.

This ability to pick and choose which concepts to accept and which to reject is exactly what the Framers had in mind when writing the Constitution. They wanted the privileged minority to make choices for the people as a whole. The Framers assumed that these gentlemen would make better decisions than the majority of the people. After two hundred years of experiments, we now know that this opinion is false. Democracy works.

Our Decrepit Constitution: Fighting the Corporations

Our Decrepit Constitution: Fighting the Corporations

Recent incidents of gun violence are still fresh is the minds of residents of the states of Colorado and Connecticut. Those states have passed strict gun control regulations. Ninety per cent of the population agree that more gun control regulations are necessary, yet the congress is incapable of action. It seems incredible, but it happens because our laws are not democratic.

Senators and Representatives are elected by constituents. Their constituents exercise only indirect influence over their elected representatives. Constituents only vote every 2 years for Congressmen, or 6 years for Senators. The Constitution permits lobbyists to give money to our lawmakers every day. These sums of money are sometimes very large, but politicians need large sums of money to run for office. Just as important, they must avoid ever offending those groups who might give them large sums of money. If politicians offend those groups, their opponents in the next election may receive support from those same groups.

The only politician directly elected by the people (discounting for a moment the anachronous electoral college) is the President. The Constitution surrounds the president with restraints, however. He cannot make laws. He cannot raise taxes. He cannot dissolve Congress and rule by himself, as monarchs used to do. He cannot schedule new elections when Congress refuses to pass his proposals.

All the president can do is talk, and try to persuade the congress to support his proposals. Since political decisions are influenced by money, not ethics, he cannot exercise moral suasion. The presidency, in some respects, is the worst job in the world. Although the president has very little power to influence anything, he is blamed for everything that goes wrong. The president typically begins his term as a popular advocate for change, and ends it as a despised failure. The fault is not his. The fault is inherent in the Constitutional system.

The Framers created a federal system out of necessity. They did not trust a strong government that could become a tyranny, so they created a system that had three checks on the federal government: the House of Representatives, the Senate, and the Courts. This system worked so long as there were no entities strong enough to defy the president.

Stronger entities soon emerged. The first was the faction of slave-holding states. These states eventually attacked the United States directly by forming the Confederacy. The Civil War nearly destroyed the Union and made it impossible for successive entities seeking power to use violence to succeed. The costs of civil war were recognized as unsupportable.

Other entities seeking power did evolve. These entities used money to buy influence in the Congress and the Courts. Giant corporations formed whose influence dwarfed the influence of the president. The government struck back, first by passing anti-trust laws to keep the corporations small enough to control.

Progressives at the state level passed laws to control corporate power within their borders. Progressives passed initiative and referendum laws because the only power strong enough to combat the corporations resides in the people themselves. These new laws controlled the corporations to some degree. California was able to control the Southern Pacific Corporation (SP), which had flourished through government subsidies. SP was a local entity that could be controlled through local (state) laws. Other states set up Utility Commissions under various names to control corporations and protect the people from monopolistic utitlity rates.

These efforts proved successful for awhile. Corporations continued to grow larger, however. The common people were severely weakened by the Great Depression, while the corporations and the people who ran them prospered. World War II brought the beginnings of great prosperity to the corporate elite. The Korean War ushered in an era of massive spending on military weapons. The development of atomic weapons caused unprecedented amounts of money to be spent on technology. This level of spending continued until the end of the Cold War, in 1989. Corporations receiving government subsidies for research and contracts for technology could not ship jobs oversease because weapons series were considered too dangerous to trust to foreigners.

This situation changed abruptly with the advent of consumer electronics products like radios, televisions, and audio equipment. These products used the same technological advances that were funded by the U.S. Government for rockets, guidance systems, and the space program. Corporations began saving money by shipping jobs overseas. Silicon chip manufacturing, a thriving business in Silicon Valley in 1969, was moved to Singapore, Japan, Taiwan, and eventually China. Instead of creating employment opportunities in the U.S., corporations fed money into the economies of other countries.

President Reagan led the assault on American unions when he fired striking air traffic control workers. Workers at Atari in San Jose threatened to unionize. In response, the corporate management closed down the San Jose plant and moved their jobs overseas.

Gradually, job opportunities for U.S. workers dwindled. The gap between the common people and the well-off widened. The Supreme Court thwarted attempts to damp the influence of money in electoral politics. The Republicans began suppressing the votes of African-Americans, Latinos, students, and the elderly. Republican governors rolled back hard-won abortion rights.

The U.S. looks more like a third-world country all the time. In those countries, the wealthy few rule the numerous poor. The common people have no chance to redress grievances because they have no power. In other words, there is no democracy.

The U.S. Constitution is badly in need of repair. It needs amendments to establish a right of privacy between a woman and her doctor; to curb the ability of wealthy corporations to buy elections; to prevent politicians from cashing in with legal bribery, otherwise called campaign contributions; to stop publishers from exploiting the work of authors and musicians; to stop corporations from buying up disused patents and using them to blackmail legitimate innovators; to stop gun dealers from supplying criminals with death-dealing weapons; to stop energy companies from destroying the environment.

The list goes on and on. There are far too many potential amendments ever to reach the end, especially when every one of them will be fought with skill backed by money. There is only one solution to this problem. The people must adopt a national initiative which would give them what they never had, a true democracy.

The National Initiative amendment would do just that. All groups advocating a constitutional amendment should join together and support this one. Once this amendment passes, all further amendments will have a much lower bar to pass: They will be passed by a majority of the American people.

Our Decrepit Constitution: The Courts

Our Decrepit Constitution: The Courts

The executive branch quickly found ways to circumvent the rigid language of the new Constitution. Alexander Hamilton revealed that the federal government had implied powers not enumerated by the Constitution itself. Hamilton determined that among these implied powers was the ability to form a corporation, if the government found that it needed a corporation to fulfill its Constitutional duties. These implied powers exist in the interstices between the clauses explicitly granting powers to the government. According to Hamilton and his followers, the government did not need to follow the precise dictates of the Constitution, but could take actions that it felt were merely implied by the document.

The Framers themselves did not agree on such and important right as the right to free speech granted in the First Amendment. John Adams's administration passed the Alien and Sedition Acts (1798) which gave the administration the power to imprison and deport opponents to the policies of the president. Adams proposed these laws to attack the French during the Quasi War. Adams did not consider the law unconstitutional because the U.S. was fighting an enemy. Just ten years after the constitution was adopted, the president demanded extra-legal powers during wartime.

The Framers failed to recognize the importance of corporations in commerce and manufacture, since corporations were small and few. The Framers did not make any rules governing corporations or protecting citizens from injuries that corporations might cause. Injuries inflicted by corporations have had extensive repercussions in the country and these injuries have seldom been corrected by law. Fortunes made by manipulation of stock or monopolization have remained the property of the men who committed the crimes. Corporations that cause massive dislocation in unemployment and property devaluation seldom pay any penalty for their actions. The Constitution does not enumerate the powers and rights that might be granted to corporations that are different from those granted to individuals. The bill of rights for corporations is lacking.

The framers did not make allowances for a standing army. They instead decided to rely on militias, guaranteeing that people could keep and bear arms in the second amendment. Militias proved incapable of defending the country, however. The weakness of militias was proven in the revolutionary war, when militias broke ranks and ran from British regular soldiers at the Battle of Camden. Camden resulted in 1000 casualties and 1000 prisoners taken by British.

More evidence of the unreliability of militias followed. In response to the need for security, the federal government has built a huge arms industry around its military forces. Neither the forces, nor the industry were foreseen by the Framers. The Constitution should contain guidelines for government oversight of the military and rules for the regulation of the arms industry, which has become a potent force for military aggression and congressional corruption. The Second Amendment should have been repealed after militias ceased to be relevant to the defense of the nation, but instead has continued in force to the detriment of law enforcement and the security of the population.

Treason is the only crime defined in the Constitution. That definition was not clear in the decades after ratification. Chief Justice John Marshall acquitted Burr of treason on the grounds that Burr had committed no overt act, as required by the Constitution. Thomas Jefferson disagreed.

Other clauses deserve amplification. The Intellectual Property clause has been captured by the publishing industry as if it had been written to provide them a perpetual monopoly. The clause was too vague even at the time it was written, since there was already a specific idea of what a law governing patents and copyrights should look like. The Framers wanted to assure there could be laws written governing copyright and patent. They did not assure that those laws could not be abused in the future. On the contrary, the lack of specificity in this clause made its exploitation by corporations inevitatble. Corporations exist to make a profit. Monopolies are the surest source of profit, so every corporation seeks to become a monopoly. The Intellectual Property clause in the constitution apotheosizes an issue where debate is sorely needed. Corporations hav taken advantage of Intellectual Property being blessed by the constitution to act against the best interests of the country.

Here again, the Framers were more concerned with the rights of property owners (publishers and industrialists) than with those who toil with their hands (writers and inventors). They therefore left the terms of the law open for the property-owners to fill in as they see fit. The current intellectual property complex, like the military industrial complex, is a side effect of the Constitution. While the Constitution has created these profitable entities, it gives no guidance on regulating them.

The checks and balances imposed by the Constitution are all intended to thwart the will of the majority, which Madison called the majority faction. The bicameral legislature sets up a smaller, more prestigious Senate which is intended to represent minority interests of property owners and the elite. The U.S. Senate has evolved into the kind of body the Framers intended. It is filled with rich, famous, and powerful people. The Senate provides a strong check to the lower house, which tends to be more representative of the common people, although its members are also well-off.

The presidency has veto power over the legislature, providing another check on the power of the majority. The judiciary provides yet another check.

The judiciary has always been a politicized body, since John Marshall imposed his federalist views on Republican administrations. Bush v. Gore, Dredd Scott, and Citizens United were all highly polarized decisions decided along party lines. The Supreme Court was acting in these cases as the last line of defense against a majority faction. The Court is thus a legislative body in itself, the third legislative body set up by the Constitution. The Supreme Court is the least democratic of the legislative bodies. Its nine unelected members serve life terms. Even the College of Cardinals of the Catholic Church is more democratic because it has more members so more viewpoints may be represented.

John Marshall has been praised for establishing the Supreme Court as a respected body. In the last 30 years, the court has lost a great deal of its prestige. The Court has handed down politically charged decisions like Citizens United, Bush v. Gore and Jones v. Clinton. Important decisions are made along strict party lines. The Framers envisioned the Supreme Court as a neutral body where decisions would be made by respected jurists after careful deliberation. Instead we see a court where decisions are made with no deliberation at all. Opinions have become mere formalities tacked tacked onto decisions made by political hacks. Jurists are chosen for the court, not in recognition of their legal stature, but by their ability to hew the party line and by their youth. Politicians who wish to control the court far into the future pick young judges to help them perpetuate a political philosophy. These judges are too young to have distinguished for their wisdom or scholarship, but the political parties are looking for people who will follow their leaders. This practice is reminiscent of the Soviet aparatchiks, functionaries who never made a move without checking first with their political leaders.

Large corporations grow stale. They become unable to adopt new methods of business, even when adopting new methods is the only thing that can save the company. The constitution is an example of an outmoded way of doing business. The U.S. needs to change its way of doing business if it wants to survive.

Our Decrepit Constituion: Protecting Vested Interests

Our Decrepit Constituion: Protecting Vested Interests

Our present constitution is an experiment. Our previous governing document, the Articles of Confederation was seen as a failure because it had severe and incurable problems. The Articles created a loosely allied group of states. There was no central authority, no president, and no way to resolve disputes between the states. The Articles led to trade and taxation disputes between the states and outbreaks of violence.

A group of citizens led by Daniel Shays took up arms against the government of Massachusetts. The federal government lacked the military power to put down the insurrection, so the state's wealthier citizens formed a private militia to do the job. The state government easily suppressed the rebellion, which had been inspired by taxation and austerity policies. Washington considered the rebellion an awful presage of things to come, but was happy that the state had been able to control it so quickly.

Shays's Rebellion had at its root the difference between the well-off and the poor. At that time, the currency was worthless and the small farmers in rural Massachusetts had nothing with which to pay taxes. They had to watch as banks foreclosed on their property. They also resented the money from taxes being transferred to wealthy financiers. Massachusetts resolved the problem by discounting its debt.

Jefferson, with his typical laissez-faire philosophy, considered Shays's Rebellion a good thing, a means to water the tree of liberty with the blood of tyrants. George Washington and James Madison considered the uprising a sign that a stronger central government was needed, one that had the ability to raise revenues and support a professional army. They took steps in the new Constitution to strengthen the federal government and to increase its ability to levy taxes and maintain a standing army.

The adoption of a new Constitution did not prevent armed uprisings, however. The Whiskey Rebellion was a revolt against excise taxes proposed by Alexander Hamilton, the first Treasury Secretary under President Washington. Once again poor farmers revolted against paying taxes when they had no paper money, only produce. Washington led a sizable militia force into western Pennsylvania to put down the revolt. The revolt evaporated before any military engagements occurred.

Fries's Uprising in 1799 was caused once again by taxation issues. The poor farmers of western Pennsylvania objected to the imposition of a property tax. Farmers in slave states could apply this tax to their slaves. Slaves could be sold to get cash, but property could not. While the newly strengthened federal government was able to suppress the insurrection, President John Adams drew criticism for his handling of the crisis, while Albert Gallatin, by acting as a calming force, gained prominence among the anti-federalists.

All three of these rebellions were popular uprisings against the wealthy financiers who held war-debt from the revolutionary war. Hamilton's excise taxes transferred money from the poor farmers in the west to the wealthy bankers in the east. Madison referred to these uprisings as excesses of democracy. He and his allies designed the Constitution to assure that the faction of the majority (I.e., the poor) could not dominate the faction of the minority (I.e., the wealthy).

The Constitution protects the wealthy minority from the poor majority by a system of checks and balances. The Framers explained these features as intended to prevent tyranny or anarchy. John Adams gives the Long Parliament as an example of a single-house legislature that led to tyranny. While John Adams was a well-read, well-traveled man, his conclusions do not take into account changing times and circumstances. The Long Parliament may have led to tyranny, but it started out as a reaction to tyranny of the British king. It failed to hold regular elections, which Thomas Paine suggests as a counterweight to tyranny. Adams discounts this argument entirely. Yet we know today that there are many single-house legislatures that have not devolved into tyranny or anarchy, the British House of Commons foremost among them. Whatever arguments may have been accepted at the time of the framing have now been refuted by subsequent events.

The British Parliament found a way to neutralize its obstructive House of Lords because it has no written constitution and hence has more freedom to change its customs to respond to changing circumstances. The American Constitution has no such ability. In evolutionary terms, the American Constitution has proven itself unable to evolve and has set itself on the path to extinction.

Our Decrepit Constitution: Electoral College and The Civil War

Electoral College

Americans credit the men who wrote the Constitution—the framers--with great wisdom and foresight. Supreme Court Justices have started a cult that worships the Constitution as a perfect document. They pore over its text and the opinions of its creators as though they were religious texts and revelations of the true word. Some also claim that the framers were inspired by God, usually by a Christian fundamentalist God.

None of these beliefs is true. The framers were neither godlike nor exceptionally wise. The document is not based on religious ideas. The Constitution is deeply flawed and becomes more so with each passing year. The framers made it hard to change. Amendments require passage by both houses of congress with a two thirds majority, then ratification by three fourths of the state legislatures. Most amendments also specify that they must be ratified within seven years.

The framers have recently been considered by some the infallible source for American law. This assumption implies that they were always right, at least about law and government. This assumption was very far from the truth.

The framers invented the electoral college, ostensibly to prevent the voters from making a mistake when electing a president. Instead, it was the electoral college that made the mistake, in 1800, when it gave the same number of electoral votes to both Thomas Jefferson and Aaron Burr. The House of Representatives elected the president that year. The Constitution created a crisis where none existed.

The framers decided that each state should have only two senators. This compromise gave more power to the less populous states at the expense of the states with larger populations. In 1787 the most populous state, Virginia, had 20 times the population of the smallest, Delaware. In 2010, the most populous state, California, had 65 times the population of the smallest, Wyoming.

History tells us that states vote in regional blocs, with relative size having little to do with their decisions. Neighboring states New York (a large state) and Rhode Island (a small state), for example, voted for the same presidential candidate in the last seven elections. Neighboring states Louisiana(small) and Texas(large) voted for the same presidential candidate in the last seven elections as well. Louisiana and Rhode Island, both small states, voted for different candidates in all seven elections.

Since small states no longer vote in a bloc, if they ever did, the election of two senators from each state, regardless of population, does not serve the purpose intended by the framers. Instead of balancing the interests of different sized states, California's two senators represent a disenfranchisement of 36 million voters in relationship with Wyoming. The framers may have been right in 1787, but their judgment on this matter, at least reflected by presidential choices, is wrong today.

The framers made no provision for political parties in their Constitution. This oversight has become a serious problem in recent years. The British Parliamentary System recognizes that there will always be more than one party. The leader of the majorityThis arrangement gives the leader of parliament, the prime minister, the ability to govern if he can unite his own party behind his platform, a relatively easy proposition, given that all members of his party stood for election on the same platform.

The American system divides government between political parties. This division makes legislation more difficult to pass and slows down the process of government. James Madison argued that representative democracy rather than direct democracy because he claimed that direct democracy gave rise to factions. Madison defined a faction as a group of citizens united in some passion or common interest against the interest of others. He singled out the factions that arise from inequality of wealth and argued that a representative democracy would protect the minority from the majority.

Madison believed the best way to guard against factions was to create a representative democracy. Direct democracies, he claimed, always failed within a short time. The difficulty that arises here, which is a major difficulty with all opinions expressed by the framers, is that these conclusions are drawn on examples with almost no data. The number of direct democracies documented by history in Madison's day was precisely one, the direct democracy of Athens during the fifth century BCE. Any argument based on such limited data must be questioned.

It is pointless to argue whether Madison's theories on factions or democracy were correct. Like the philosophers he admired, Madison argued using only pure examples to illustrate his ideas. Madison argued that representative democracy had advantages over direct democracy but failed to recognize that no pure direct democracy has ever existed nor ever could exist. The representative democracy created by the Constitution has over the years become more democratic, through the direct election of Senators in the federal government and the addition of democratic ideas such as initiative and referendum in the individual states.

The Civil War

Madison considered that factions of the majority were dangerous to a nation, not those of the minority. He had in mind the faction of the poor, which is always greater than the faction of the rich. Madison's Constitution intended to guard against majority factions and guard minorities. This presumption, that only majority factions are dangerous, has been disproved by history. Several crises in American history have arisen because of minority factions, primarily because the wealthy have been successful in seizing and holding the reins of power in precisely the manner which the framers sought to prevent. The rise of a tyrant, which Justice Scalia claims that the Constitution has prevented, has never been a problem in America. What has been a great problem, and remains a problem today, is the accumulation of vast riches by a small class of people, who use their wealth to seize and retain power.

Scholars often speak of a Constitutional crisis as being a political problem that cannot be resolved easily by the Constitution. Examples of such crises were the election of 1800, when Jefferson was elected president by the House of Representatives; the election of 1876, when Benjamin Harrison became president with fewer popular votes; and the Watergate scandal that ended the presidency of Richard Nixon.

The most serious crises in American history did not arise from a failure of the framers to foresee an event. Instead, they were caused by the framers' express intent. Despite Madison's concerns, there have been no factions of the majority. Instead, three crises in American history have been caused by factions of the minority, who were not poor but wealthy. The Civil War, the Great Depression, and the Great Recession were caused by flaws in the Constitution.

The framers needed to gain the support of slave holders. They inserted several pro-slavery features into the Constitution. Article I, Section 2 of the U.S. Constitution defined a slave as worth three fifths of a person. This article strips African Americans of their rights as humans. African Americans not only submit to the lash, they must also give their votes to their masters, who were free to vote, again and again, to keep them in perpetual servitude. This article continued in force for seventy-six years. It contributed to the widespread belief that African Americans were racially inferior and reinforced the conviction in the Southern states that their actions were legal and just.

Article II, Section 1 establishes the electoral college for the election of the president. The slave-holders were concerned that their slaves, once freed, would take control of state government from them. They saw the electoral college as a means to permit a small group of voters to thwart the will of the majority. This worked in actuality. Only 1.3% of the population cast their votes in the first presidential election. Virginia had the most electors, thanks to its large number of slaves. The first president was George Washington, a prominent Virginian and a slave-holder. The second president was John Adams, from Massachusetts. Jefferson, Madison, and Monroe were all Virginians and slave holders. Andrew Jackson, from Tennessee, was also a slave-holder from a slave state.

These early slave-holders held the presidency until 1836. At that time, slave-holders from southern states had held the presidency for 40 of the previous 48 years. They used their tenure to promote slavery at home and abroad. They appointed southerners to the Supreme Court with lifetime tenure. These supreme court justices tried to perpetuate slavery and spread it to the northern states.

The US Supreme Court ruled, in Dred Scott decision(1857), that a slave who lived in a free state was still a slave. All six southern justices voted with the majority. Northern opponents of slavery feared that this decision meant southern slave-holding states could export slaves to the north. The decision heightened tensions that led to the Civil War breaking out in 1861. Although the Supreme Court did not cause the Civil War, Dred Scott showed how much influence the southern states had gained through the electoral college and the pro-slavery compromise within it.

Our Decrepit Constitution: 3. The Silver Bullet

Our Decrepit Constitution: 3. The Silver Bullet

On December 12, 2000, the US Supreme Court decided that George W. Bush would be president of the United States. The Court acknowledged that the Constitution left the election of the president to the people, but decided nevertheless to intervene, something it had never done before.

The Constitution furnishes almost no guidelines for the election of the president, one of the most important political undertakings of the government. The framers intended for the president to be chosen indirectly, by electors elected by the people, not by the people themselves. The framers intended for the electors to meet after the popular vote was taken. Only then would the electors decided the actual winner of the election.

As usual, however, the framers omitted the process to be followed in case of dispute. In particular, they did not specify that the Supreme Court, an unelected body of judges who held lifetime appointments, should not determine the outcomes of elections. In 2000 this led to the election of a president by five such judges after 200 million citizens had cast their votes in the general election. Furthermore, all five of these judges had affiliations to the Republican party, whose candidate they chose as the winner. These judges showed no reluctance to support their party's candidate, despite the express intent of the framers to lift the Supreme Court justices above the fray of electoral politics by giving them lifetime tenure.

Over the years, the citizens of the US became concerned about the influence of corporations and large political contributions. The Congress, responding to the will of the people, passed laws that regulated contributions from corporations. In Citizens United v FEC, the Supreme Court ruled that the concerns of the people were groundless. The Court ruled that corporations were nothing more than associations of individuals and as such were entitled to the same rights as individuals under the First Amendment.

This ruling supported the Court's belief that the rich had more rights to express their opinions, since it is obvious to everyone that the rich can buy more speech than the poor. The Court delared that there cannot be too much speech. Through this ruling, the court overruled the people of the United States, whose common sense tells them that corporations spending vast amounts of money wield inordinate influence over politicians and their decisions.

In Citizens United, the Court once again found a way to support the Republican party. They voted five to four along party lines to permit unlimited corporate contributions. Many groups have been proposed that an amendment to the constitution would resolve this issue. The impartiality of the supreme court is fundamental to the design of the Constitution. The framers designed the Constitution to operate by checks and balances. Without an unbiased Supreme Court, their design fails.

The Constitution conceals this flaw and many others. The framers intended the Constitution to be amendable, yet only 17 amendments have been enacted, other than the Bill of Rights, in over 200 years. There are several reasons for this failure of the original design.

1. The United States has many more states than it had originally. When there were only 13 states, the number of legislatures required to ratify an amendment was 10. Today, when ratification requires the approval of 38 state legislatures, the amendment process should be at least 3 1/2 times as difficult.
2. The population of the United States is more than 100 times what it was in 1787. Persuading a number of people of the necessity of a change increases with the number of people who must be convinced. The people do not directly vote to ratify amendments, but they do vote for the legislators who must make the decision.
3. Both the larger number of states and the larger population make the amendment process more time-consuming.
4. The increase in time and energy, and above all money, that can be spent to defeat an amendment makes it unlikely that an issue can achieve a 3/4 approval. Money can be spent liberally to confuse the issues. Confusion will make the amendment less likely to pass.
5. The vast amount of money that must be raised to ratify an amendment will make it difficult to pass a complex amendment, such as one that abolishes the Electoral College.

Numerous amendments have been proposed to overturn the Citizens United decision. The opponents of this decision correctly view it as a threat to democracy itself. All of these amendments, however, share a common flaw. These amendments seek to correct a single decision of the Supreme Court, but history has shown that the enemies of democracy will soon find another way to suppress the rights of the people. Given the impediments blocking any Constitutional Amendment and the large errors and oversights in the Constitution itself, there is only one solution. The amendment process itself, as described in Article V of the Constitution, must be changed.

The change required is simple. The Constitution must be amended by referendum and initiative, using the same process as already exists in many states. Such an amendment, known as the National Initiative, has already been proposed.

The existing initiative and referendum laws were proposed during the Progressive Era (1890 – 1930). At that time, people were concerned that big corporations were controlling state legislatures. Corporations are once again threatening our democracy. We need the National Initiative, the Silver Bullet that can rectify many of the Constitutions problems and return the government to its rightful owners, the People.

Our Decrepit Constitution: 2. The Framework

Americans credit the men who wrote the Constitution—the framers--with great wisdom and foresight. Supreme Court Justices have started a cult that worships the Constitution as a perfect document. They pore over its text and the opinions of its creators as though they were religious texts and revelations of the true word. Some also claim that the framers were inspired by God, usually by a Christian fundamentalist God.

None of these beliefs is true. The framers were neither godlike nor exceptionally wise. The document is not based on religious ideas. The Constitution is deeply flawed and becomes more so with each passing year. The framers made it hard to change. Amendments require passage by both houses of congress with a two thirds majority, then ratification by three fourths of the state legislatures. Most amendments also specify that they must be ratified within seven years.

The framers have recently been considered by some the infallible source for American law. This assumption implies that they were always right, at least about law and government. This assumption was very far from the truth.

The framers invented the electoral college, ostensibly to prevent the voters from making a mistake when electing a president. Instead, it was the electoral college that made the mistake, in 1800, when it gave the same number of electoral votes to both Thomas Jefferson and Aaron Burr. The House of Representatives elected the president that year. The Constitution created a crisis where none existed.

The framers decided that each state should have only two senators. This compromise gave more power to the less populous states at the expense of the states with larger populations. In 1787 the most populous state, Virginia, had 20 times the population of the smallest, Delaware. In 2010, the most populous state, California, had 65 times the population of the smallest, Wyoming.

History tells us that states vote in regional blocs, with relative size having little to do with their decisions. Neighboring states New York (a large state) and Rhode Island (a small state), for example, voted for the same presidential candidate in the last seven elections. Neighboring states Louisiana(small) and Texas(large) voted for the same presidential candidate in the last seven elections as well. Louisiana and Rhode Island, both small states, voted for different candidates in all seven elections.

Since small states no longer vote in a bloc--if they ever did--the election of two senators from each state, regardless of population, does not serve the purpose intended by the framers. Instead of balancing the interests of different sized states, California's two senators represent a disenfranchisement of 36 million voters in relationship with Wyoming. The framers may have been right in 1787, but their judgment on this matter, at least reflected by presidential choices, is wrong today.

The framers made no provision for political parties in their Constitution. This oversight has become a serious problem in recent years. The British Parliamentary System recognizes that there will always be more than one party. The leader of the majorityThis arrangement gives the leader of parliament, the prime minister, the ability to govern if he can unite his own party behind his platform, a relatively easy proposition, given that all members of his party stood for election on the same platform.

The American system divides government between political parties. This division makes legislation more difficult to pass and slows down the process of government. James Madison argued that representative democracy rather than direct democracy because he claimed that direct democracy gave rise to factions. Madison defined a faction as a group of citizens united in some passion or common interest against the interest of others. He singled out the factions that arise from inequality of wealth and argued that a representative democracy would protect the minority from the majority.

Madison believed the best way to guard against factions was to create a representative democracy. Direct democracies, he claimed, always failed within a short time. The difficulty that arises here, which is a major difficulty with all opinions expressed by the framers, is that these conclusions are drawn on examples with almost no data. The number of direct democracies documented by history in Madison's day was precisely one, the direct democracy of Athens during the fifth century BCE. Any argument based on such limited data must be questioned.