American
history is draped in mythology. The drapings are, of course, a
mixture of red, white and blue, but the mythology, itself, is pure
white.i
Whether Parson Weems or a modern text, the history is intermixed
with unprovable – often invented – stories that add to the image
of a great nation – a nation with a glorious mission – one with a
Manifest Destiny. And, daily, the myths increase.
That
shouldn't come as a great surprise. All societies remember their
pasts with a luster that often exceeds reality, but one that answers
the great inevitable questions in a way that both engages and honors
us and our forebears.
Few
history books will mention, for example, that George Washington was a
poor generalii
or that Alexander Hamilton was probably a British agent.iii
Most will gloss over the fact that although Thomas Jefferson was a
strong advocate against slavery, he was, himself, a slave owner. My
intent is to deal with what actually happened – at least to the
extent that we can so long after the events – not to belittle our
Founding Fathers. Their greatness is undeniable. The documents upon
which they founded this nation,iv
and the nation which has developed following the outline they put in
place, are of unmistakable brilliance. Both are masterful products
of their time, and those who fashioned them must not be judged by us.
They acted, too, in accordance with the principles of their times,
and they not only did the best they could, but they did a superb job.
But
that's the point. They, and the founding documents, were products of
their time. And we live in different times. Sooner or later those
documents will have to be reviewed and revised to reflect the times
in which we live.
“Jefferson also
believed – uniquely – that this world belongs, solely, to the
present generation. Hence, every twenty years or so, new laws should
be promulgated at a constitutional convention. A grown man he noted
in his best biblical parable style, should not be forced to wear a
boy's jacket.”v
Jefferson's
view was acknowledged in what eventually was termed Federalist Paper
number 49, although James Madison, who wrote that “letter,”vi
opposed constitutional conventions. And Jefferson was not alone in
believing that the Constitution – the script for the great American
drama – which we have come to revere, would have to be brought up
to date periodically. There were many who recognized that a perfect
document was not achievable at that, or any time, and that amendments
would be required periodically.
The
United States is one of the greatest countries on earth.vii
It is strong, rich, and the kind of place to which people from
around the globe want to go. Some risk their lives to do so. And it
exists because those who founded it endowed it with a governing
document that was unique – one that has served as a model for other
nations since then. But the mythology surrounding the founding
itself and the documents employed to do so, as well as the virtue and
wisdom of the founders, clouds the fact that however great they may
have been, however far they may have been ahead of their time, they
were fallible human beings of the eighteenth century. They were
products of that age, but their time was not the twenty-first century
in which we live.viii
Jefferson was right. “A grown man … should not be forced to
wear a boy's jacket.”
The
two major political parties have created their own “realities,”
or, more accurately, their own mythologies. They have expressed
exaggerated views of their own virtues and, very much in evidence at
election times, frightening characterizations of the evils of their
opponents. And the parties tend to become even more confrontational
following election. The three branches of government, like the
political parties, compete rather than cooperate. Each works hard to
increase its own influence, leaving the mythical “We the People”
out of the loop. Although our Constitution provides for a form of
democracy, the reality is that the “representative” democracy our
founders gave us is not representative of anyone but the politicians
themselves. Having promised us solutions to all the problems we
face, our representatives, once in office, focus on the next election
rather than on our needs. The Executive branch of our government
claims to lead, but its members are more likely to say what
poll-takers tell them will sell, and after election they go on to
assert their power and act as they see fit. And those of our
Judiciary, who may never face an election, are free to follow their
own views, irrespective of the wishes of the people they are supposed
to serve.
The
ability to review the mythology, however, and, if necessary, to
change it, is built into our system.
Article
IV
The Congress, whenever two thirds
of both Houses shall deem it necessary, shall propose
Amendments to
this Constitution, or, on the Application of the Legislatures of two
thirds of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents and
Purposes, as Part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by
Conventions in three fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress.
The
Constitution, which we sometimes view as sacred, provides for
measured changes. No more should be necessary since its authors saw
it as the answer to our country's problems and a solid basis for an
infinite future of liberty.
But
it was written illegally. The convention from which it emerged had
been asked to amend the inadequate Articles of Confederation – not
to write a new document. And we are as free as they to rewrite the
Constitution rather than amend it if there are enough changes that
need to be made, and if individual amendments will either not
accomplish our wishes or will, because of their large numbers, either
take too long or prove too burdensome to accomplish. It may take
historical revisionists to correct our mythology, but a united
citizenry – one fed up with current bickering and manipulation of
the system to suit the needs of those who are supposed to work for us
– has the ability, at least in theory, to invent our own future and
the mythology that surrounds it. Whether we have the will to do so,
though, is a different question. Probably not, because it's easier
to live by the rules of an imagined past.
Next
episode: “Gossip” – Some words to the wise guys.
i The
word refers to the purity of the story only, not to the harsh
realities of our history. No defense of “racial purity” is
intended. Indeed, it shouldn't be overlooked that racial politics
spawned a separate mythology designed to justify the indefensible
practice of slavery.
ii Fortunately
he was a patriot. He was honest and politically savvy even if he
was a poor soldier.
iii Recognizing
the greatness of the work he did in establishing this country, we
can only assume that he believed a close association with Great
Britain would be beneficial to our survival. Whatever other motives
he may have had, and notwithstanding disagreements we have had –
and even a war – we have found our alliance with England to be
mutually beneficial. In Hamilton's time, moreover, the (American)
colonies had many supporters in the British government. England, to
a degree, was just as happy to be rid of the colonies which had
become a major financial burden, detracting from her hostilities
with France.
iv Primarily
the Declaration of Independence and the Constitution. The efforts
of James Madison in writing the latter document are also noteworthy.
vi The
Federalist Papers originally
appeared as newspaper letters signed by “Publius,” but written
by Madison, Hamilton, and John Jay.
vii Some
will take issue with this assessment, and that is understandable.
They cannot, however, argue with the specific qualifications I
mention in the next few sentences.
viii In
this electronic age – one never foreseen by eighteenth century
politicians – both the tools and the rules have changed. See
Constitution 3.0, by
Rosen and Wittes (eds), Brookings Institution Press, 2011.
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