Saturday, November 2, 2013

A New Convention


An old adage instructs writers to accept the criticism that something is wrong in their work, but reject recommendations to fix it. Another saying comes to mind: beware tinkerers. This sophomoric article in The Atlantic prompts these tidbits of wisdom not so much for what it says that what it doesn't. The premise isn't unreasonable: the constitution is imperfect. Fair enough, and I agree to boot. Even some recommendations are prudent. It's slipshod reasoning, gung-ho mentality, and lack of humility make it a poster example, however, of why change should be undertaken with great care.

This is my count of assertions, faulty reasoning, or incomplete ideas.
  1. Perpetual constitutions are impossible because Jefferson said so. 
  2. If Jefferson and Madison wrote a constitution today, it would be different. 
  3. The constitution too short.
  4. The constitution guarantees gridlock. 
  5. "The constitution failing" because Sanford Levinson and a "growing cadre" say so.
  6. We've learned a lot from science.
  7. Other countries "solved" what "cripples" us.
  8. Other countries learned from us, so we should learn from them.
  9. Stability equals old.
  10. More detail is better. 
  11. Because other countries' constitutions don't turn out exactly like America's, America's wasn't the model
  12. Because America's constitution is not copied and/or popular, it's less worthy of being copied.
  13. The government staying open and doing things is preferable to people who can't agree, not agreeing. Someone has to win and someone has to lose.
  14. Consensus does not equal majority. Derp!
  15. Something needs to be done about "campaign finance." Because that's a thing and the author said so. Clear enough?
  16. The constitution is too hard, the hardest even, to amend.
  17. Having more information available will help, because facts. 
There are prudent observations about improving representation and the concession that the amendment process might work is surprising, but the shoot-from-the-hip tone should terrify anyone of sound mind. The piece reads and reasons like a kid who just got the keys to the car. That we don't see mention of Herodotus, Thucydides, Xenophon, Plato, Aristotle, Cicero, Machiavelli, Hobbes, Locke, et al, should alarm us. I throw those names around not to appeal to their authority, but to chasten the exuberance which scientific and technological progress seem to be fostering in young people for the notion that you can remake a constitution, and thus nation and people, or make a new one, like a version of Microsoft Windows.

This thinking asks not of virtue or human nature beyond what present scientific trends seem to indicate. Worst of all, it seems to have no limiting principle. We find in such thinking no faith in specific principles but rather in "democratic ideals" and progress and managerial technocracy. Ready for a revolution?

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