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Thursday, March 13, 2014

Harnessing the Properties of Light (Part Two)

(Editor's note:  This is the second and concluding segment in our two part series introducing readers to the US Constitution of 1789  To view the first segment, click here.)


With so much at stake in the present, can anyone well imagine a bloodless, under the radar revolution to table the US Constitution and replace it on the fly with another?  The truth is it's been done before ...

The dilemma of the founding fathers in 1787 was intriguing.  The stakes were no less than the continuation of the great American experiment in democracy, at grave risk as it attempted to leave the station.  The flashlight of the existing constitution from the nation's first 11 years was too weak, unable to illuminate the path forward --- the path to continued enlightenment.  Clearly, it had to be strengthened.  But there was equivalent danger at the other extreme --- should the flashlight be transformed into a destructive laser beam.

From this dilemma, a delicate yet efficient balancing act was necessary.  What was needed was something between two undesirable extremes.  The flashlight's batteries had to be replaced with new, more powerful ones --- strong enough to illuminate the path.  At the same time, the light still had to be kept weak enough, filtered to counter direct contact and avoid injury or plunder as with a laser beam.  Somehow, the strengthening of the flashlight had to match the gentle diffusing of the laser.  What was needed, perhaps, was “a government that was too weak to aid the wolves, and yet strong enough to protect the sheep.”

James Madison devised his great doctoral thesis from this vantage point.  Here, of course, we are speaking of his authorship of the US Constitution, America’s second and latest attempt at true democratic self rule: a solemn, permanent, social compact among the states to operate with individual sovereignty but within the framework of a collective federal system.  The creation of the US Constitution was molded, set forth and argued in Philadelphia at the Constitutional Convention in 1787.

Madison’s review of all such prior human efforts at harnessing effective democratic rule, coupled with a series of compromises as a result of the founders’ debate, forged a system of checks and balances.  The result was creation of our present system of current government, with three equal branches, each independent of, yet answerable to, the others.  The legislative branch would make the laws, the executive branch would enforce them and the judicial branch would provide interpretation where necessary.  No one branch, nor the people themselves, would be able to grab all the light at any one time.  However, a sufficient concentration of light would still be permitted to protect the rule of law and permit progressive social change to occur.

In the legislative branch, a compromise denied the big states (House of Representatives) the ability to swallow up the small states (Senate).  That is, the legislature itself would be split into two distinct branches, creating what was referred to as a bicameral chamber.  The assent of both would be required to enact a new law.  Even the president, the one direct representative of all the citizens, would be elected not directly by a majority vote of the citizens but rather indirectly by what would become known as an electoral college.

Seeking to ensure that a lone rogue state or small minority of states could not stalemate the process, the founders also made a shrewd agreement for implementation of the new US Constitution.  When the affirmative vote of 9 of the original 13 states had been given, the new constitution would become the law of the land in all 13 states.  The necessary ratification figure was thus accomplished two years later in 1789, and in the end, all 13 states would vote unanimously to ratify the new constitution.  It was a bloodless revolution, or, as the French might say, a coup d’état.  Compared to the way things had been done previously, it could be said that the revolution to create a new US Constitution turned our old system of government on its head.

Fast forward almost 230 years to the present.  With so much at stake, can anyone well imagine a bloodless, under the radar revolution to table our constitution and replace it with another?  The feat would present an extraordinary testament to the people's yearning to be free.  It's been done before.


-Michael D'Angelo

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