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And, yes, I DO take it personally

Tuesday, February 07, 2012

The U.S. Constitution: "America is in danger ... of becoming something of a legal backwater"

this nyt article makes explicit what has been too long left unsaid - the u.s. constitution no longer serves us well...
The rights guaranteed by the American Constitution are parsimonious by international standards, and they are frozen in amber. As Sanford Levinson wrote in 2006 in “Our Undemocratic Constitution,” “the U.S. Constitution is the most difficult to amend of any constitution currently existing in the world today.” (Yugoslavia used to hold that title, but Yugoslavia did not work out.)

Other nations routinely trade in their constitutions wholesale, replacing them on average every 19 years. By odd coincidence, Thomas Jefferson, in a 1789 letter to James Madison, once said that every constitution “naturally expires at the end of 19 years” because “the earth belongs always to the living generation.” These days, the overlap between the rights guaranteed by the Constitution and those most popular around the world is spotty.

my deepest desire, if only a cherished fantasy, is to see the u.s. convene a constitutional convention... at least the subject is at last being broached...

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Saturday, November 19, 2011

OWS - the continual necessity for acting and thinking boldly

i regularly think back to my time in kosovo this past february, glued to the al jazeera livestream from cairo... i was thrilled beyond words to see the people in egypt rise up and insist on taking their power back from one of the world's most decidedly corrupt regimes... the fact that mubarak had been a long-time ally of my own country was not a small part of my jubilation...

when the ows movement began here two months ago, i was equally thrilled... while that thrill has dissipated somewhat, i am still of the firm belief that ows is the most exciting development in the u.s. in my lifetime...

i worry over what, if anything, the next evolution of ows will look like... as the author of this excerpt, recently returned from egypt, states, whatever evolves, it must be big and bold... we are at a time in the history of our country and of the world where only big and bold will do...

[T]he most valuable organizing nugget I carried back with me [from Egypt] is the continual necessity for acting and thinking boldly. As an organizer here in the US, I was taught to be pragmatic and practical - go for what you can win in a specific time horizon. As an organizer, we ask leaders to dream, to name the things that hold them back from being happy, free and prosperous. And then, we set limits on those dreams, or cut them into bite-sized chunks that are so small, they sometimes bear little resemblance to the massive, audacious canvas that the leaders first painted for us. We negotiate ourselves down before we even get to the real negotiation table.

Before Egypt, I was taught that politics is the art of the possible. After Egypt, I question whether we should all be reaching for the impossible and ludicrous. Who knows who else might agree? A common call for the laughable and ridiculous widens the possibility for what can and should happen.

this takes me back to what i posted earlier - i believe we should be giving serious consideration to a constitutional convention...

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Don't co-opt OWS and the case for a Constitutional Convention

from macleod cartoons...

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i just came back from a journey of the heart where i visited with a very good friend whom i have not visited for way too many years... he is a man i would unabashedly describe as "great," a man who thinks, reads, comes to his own conclusions, and, now in his early 70s, is always unfailingly out ahead of not only his peers but also those of every age group... while the basis of our friendship is clearly based on our intellectual compatibility, his greatness is considerably enhanced by the fact that he chose to spend his working life as an aircraft mechanic and devoted his spare time to raising children, building houses and collectible race cars, and crafting a relationship with a fine and strong woman which will culminate next month in a 50-year wedding anniversary celebration...

in the extended conversations i was privileged to have with him over the few days we spent together, conversations that, as you might expect, ranged all over the map, we honed in on most of the salient political and social issues of the day... i shared with him my somewhat peripheral involvement with the occupy movement and my experiences working, traveling and living in many foreign countries, and we ended up mutually reaching for some sort of macro solution to the problems that are dogging our country...

interestingly enough, the solution he has in mind and one that i would be at great pains to disagree with, is convening a constitutional convention... he is a student of howard zinn and agrees with zinn that our system has been seriously flawed from the beginning... while my gut reaction was to immediately want to defend the u.s. constitution as the unimpeachable product of the founders, it didn't take me but a few moments of reflection to follow his reasoning...

here's glenn struggling with the current state of the occupy movement and expressing his profound hope that it doesn't get pulled in to the political/electoral morass...

I disagree with the prevailing wisdom that OWS should begin formulating specific legislative demands and working to elect specific candidates. I have no doubt that many OWS protesters will ultimately vote and even work for certain candidates — and that makes sense — but the U.S. desperately needs a citizen movement devoted to working outside of political and legal institutions and that is designed to be a place of dissent against it. Integrating it into that system is a way of narrowing its appeal and, worse, sapping it of its unique attributes and fear-generating potency. Even if you believe the U.S. has some sort of vibrant democracy — rather than a democracy-immune oligarchy — not all change needs to come exclusively from voting and electoral politics. Citizen movements can change the political culture in ways other than working within that pre-established electoral system; indeed, when that system becomes fundamentally corrupted, working outside of it is the only means of effectuating real change.

[...]

I hope OWS, at least for now, remains a movement that refuses to reduce itself into garden-variety electoral politics. What is missing from America is a healthy fear in the hearts and minds of the most powerful political and financial factions of the consequences of their continued pilfering, corporatism, and corrupt crony capitalism, and only this sort of movement — untethered from the pacifying rules of our political and media institutions — can re-impose that healthy fear.

inspiring "a healthy fear in the hearts and minds of the most powerful political and financial factions," as laudable as that goal is at this moment in time, doesn't get us to where we so desperately need to go - a re-imagined, workable, transparent, equitable system that works for all of us... to me, THAT is the desired end state and absolutely nothing else will do... now, how do we get there...?

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