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Carolann Najarian's avatar

Important and essential observations about where we are in our discourse. I have long since tired of listening to news commentators discuss what might happen, and what so and so THINKs might happen- rather than what has happened. Now I have a larger context within which to place my frustration. I look forward to your following articles.

Jack Jordan's avatar

Adam, I liked a lot of what you wrote. Even so, you made me feel that you're trying to justify a mere label and that may cripple your quest for enlightenment: in "the coming columns, I’ll take up a series of questions about what democracy is and why it matters."

To support your plan to devote multiple columns to saying “what democracy is and why it matters,” you said “first principles matter. Without them, we are left circling endlessly around our own reflections. With them, we can recover the ground on which to stand.” Even so, you said “[o]ur first principles are not given.” But they were given, and democracy was not among them.

Your contention reminded me of one of my favorite scenes in any movie. In “Hidden Figures,” a (mere) mathematician discovered a truth that eluded real rocket scientists: https://youtu.be/v-pbGAts_Fg. She realized they didn’t need to invent “new math.” They needed to re-discover the relevance of ancient math. That’s what we need, too.

“Democracy” is a mere label. Even worse, it is a mere label for an ideal that isn't real. We have a Constitution, not a democracy. Our Constitution expressly emphasizes that it secures “a Republican Form of Government.” Instead of embracing and elaborating on the plain meaning of the plain text of our Constitution, you intend to tell us “what democracy is and why it matters.” The label “democracy” cannot matter more than our Constitution. Why not focus our attention on what our Constitution means and why it matters?

Even worse, you say our “Constitution, like any rule, only matters if we believe in it.” That sounds to me a lot like mere faith. Coincidentally, our Constitution repeatedly emphasizes that faith poses a great danger to our Constitution. For that particular reason the original Constitution commanded that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” Very promptly after ratification the original Constitution was amended, and the First Amendment’s first prohibition was on any “law respecting an establishment of religion.” We need knowledge, not faith. Far too often, faith is an excuse for inaction. That’s why far too many people far too often think it is “enough that we live in a country with a Constitution.”

By now, you must know that our “Constitution, like any rule, only matters” if it is enforced, and to be enforced, it must be understood. Isn’t now an excellent time to learn what our Constitution means and why it matters?

We need to re-learn the significance of the admonition of Chief Justice Marshall and SCOTUS in McCulloch v. Maryland: "we must never forget, that it is a constitution we are expounding." SCOTUS did not mean constitution as a document. SCOTUS meant constitution as an action, i.e., constituting one nation of one people (e pluribus unum).

Chief Justice Marshall and SCOTUS also elaborated on the most important principles of our Constitution documenting the constitution of a nation of one people:

"The government of the Union [ ] is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and [exclusively] for their benefit. This [national] government is acknowledged by all to be one of enumerated [limited] powers. [ I]t can exercise only the powers granted to it . . . . . That principle is now universally admitted."

Emphatically, "the Constitution begins with the principle that sovereignty rests with the people." Alden v. Maine, 527 U.S. 706, 759 (1999). It was "the people" who did "ordain and establish the Constitution." Id. Clearly, "the animating principle of our Constitution" was "that the people themselves are the originating source of all the powers of government." Ariz. State Legis. v. Ariz. Indep. Redistricting Comm'n, 576 U.S. 787, 813 (2015). It is crucial to see "the Constitution’s conception of the people as the font of governmental power." Id. at 81.

Far more important, however, is understanding what Madison said was demanded by the "genius of republican liberty." "The genius of republican liberty seems to demand . . . not only that all power should be derived from the people, but that those intrusted with it should be kept in dependence on the people." Id. (quoting The Federalist No. 37). The most democratic aspect of our Constitution is documented in the First Amendment, but the most important aspect of the First Amendment is that it elaborates on the most important principle in our Constitution.

In our “republic” clearly “the people are sovereign” and “the ability” (the power) “of the citizenry to make informed choices” about public servants and public issues “is essential.” Citizens United v. FEC, 558 U.S. 310, 339 (2010). “Speech is an essential mechanism of democracy,” in part, because it is “the means to hold officials accountable to the people.” Id.

More importantly and more fundamentally, “[t]he right of citizens to inquire, to hear, to speak, and to use information” is essential “to enlightened self-government and a necessary means to protect it.” Id. Accord id. at 339-341, 344-350. “Premised on mistrust of [all] governmental power, the First Amendment stands against attempts to disfavor” the “subjects or viewpoints” of speech, especially regarding our public servants’ purported performance of their public service. Id. at 340. The First Amendment expresses and secures the sovereignty of the people.

The Preamble clearly and concisely states our first principle: "We the People of the United States" did "ordain and establish [our] Constitution" to "secure the Blessings of Liberty to ourselves." If I understood you correctly, you plan to tell us how our Constitution was designed to secure the blessings of liberty to the people.

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