At its beginning, "the people" who mattered were established white male
property owning delegates and members of state ratifying conventions
who rammed the ratification process through, by fair or foul means, in
the face of a "largely indifferent and uncomprehending populace" left
out entirely. They were elected to do it by eligible and interested
while males comprising only from 12.5 - 15.5% of the electorate at the
time. Women, blacks, Indians and children couldn't vote and many or
most qualified voters didn't bother to and still don't. The process,
and what it produced, showed "Democracy operatively is little more than
a fantasy."
The American revolution was nothing more than secession from the
British empire changing very little with one-third of the colonists
favoring it (not upper classes), one-third opposed (mainly upper
classes) and another third indifferent to the whole business. From then
to now, the country is no nearer "government by the people" than under
monarchal or autocratic rule. The latter types rule by application or
threat of force whereas sovereign people are manipulated by other means
with naked force held in reserve if needed.
Lundberg explained the minimum function of government, ours or others,
should be to insure the public welfare is being broadly served. It's
stated in the Preamble and Article I, Section 8 that "The Congress
shall have power to....provide for....(the) general welfare of the
United States" - the so-called welfare clause. Lundberg let scholar
Herman Finer (with more detail on his ideas below) dispel the notion
from the constitutional flaws he found and some of the many "social and
political evils" he recounted as a result through the middle 20th
century decades - rampant crime, unsafe streets, lack of justice,
political corruption, dishonest police, racketeering labor officials,
corporate fraud in pursuit of profits, raging unresolved social
problems and lots more. Only government can address these issues and
unless it does successfully it fails. Our is a long history of failure
overall with only feeble attempts to fix things.
Lundberg reviewed popular misconceptions about the Constitution saying
so many are embedded in the American psyche it's hard knowing where to
begin. He noted the document is called "The Living Constitution"
saying, in fact, it's "whatever government does or does not do" or uses
in whatever way it wishes. The Constitution defines itself as the
"supreme Law of the Land" in Article VI, Section 2 which it is and
includes all amendments, enacted statutes and treaties made with the
concurrence (not ratification) of the Senate. The people are left out
of the process entirely with Lundberg saying "government of the people,
by the people and for the people" is a "nonexistent entity. The people
don't govern either directly or through 'representatives.' The people
are governed."
In sum, although the Constitution served many of the purposes its
designers and supporters envisioned, in light of the majority
populace's great expectations of it, "it has been, quite plainly, a
huge flop." That's made clear below.
"We the People"
Lundberg destroys the romanticism and enthusiasm felt today about
the Constitution and the revolt against Great Britain preceding it. He
began by reviewing the establishment of state constitutions at the time
and the enactment of the Articles of Confederation adopted by the
Second Continental Congress November 15, 1777 with final ratification
March 1, 1781. None of these events had electoral sanction. "They were
strictly coup d'etat affairs, run by small groups of self-styled
patriots many of whom bettered their personal economic positions
significantly" from the revolution and events before and after it took
place. Despite what's commonly taught in schools, most people opposed
the Constitution when it was ratified. So by getting it done anyway,
the framers (with the conservative Federalists spearheading the effort)
went against the will of the people they ignored and disdained.
It wasn't easy, though, as only by promising amendments did it happen.
The anti-Federalist opposition demanded and got the "oft-hymned" first
ten amendments, commonly known as the Bill of Rights. In fact, they
"made no great difference," and did little to dilute the 1787 document.
More on that below.
Lundberg explained that most anti-Federalists weren't particularly
happy either with the Articles of Confederation or the Constitution.
These men were mostly privileged property owners (all white, of course)
squabbling over the means to get pretty similar ends and having a
generally hostile attitude about the majority population overall. In
other words, everyone was not considered "We the people," which is how
radical English Whigs felt and whose traditions colonists adopted. "The
illiterate and underprivileged (elements) were not much considered"
with the "people" again being the privileged male property owners in
charge of everything and out only for their own self-interest.
Lundberg cited voting patterns earlier, up to his time, and clearly now
as well, to explain how people are left out of the political process.
Whether franchised or not, most don't vote in presidential elections
and even fewer show up for congressional, state and local ones. It
indicates the will of the people needs considerable qualifying because
most of them aren't interested, don't want to bother, don't think it
matters, don't understand the whole process, and decide to opt out and
act like nothing's going on. "Although repugnant to ideologists of
democracy," Lundberg stated, "this conclusion is quite true."
In sum, the relevance of this to the Constitution is that its opening
words are meaningless window dressing. They neither add nor detract
from the document which served as a "screen and launching pad for
practically autonomous, freely improvising politicians (like any others
in the world)....the gentry....sustained (in whatever their endeavors
were) by the constitutional structure" they created for their own
self-serving purposes.
What the Framers Thought
This section covers who these men were below as well as more about
them in the section to follow. Here, first off, the record needs to be
set straight about what these very ordinary men (contrary to
popularized myth about them) thought about their creation we extoll
today like it came down from Mt. Sinai. In fact, it was the result of
wheeling and dealing in likely smoke-filled rooms the way deals are cut
today with lots of real and figurative smoke to go along with the usual
mirrors. When they finished in September, 1787, there was no joy in
Philadelphia. The framers disliked their creation, some could barely
tolerate it, yet most signed it.
They understood its defects, that it was full of holes, thought it was
the best they could do under the circumstances, felt it was a mess,
but, nonetheless, believed they could live with it for the time being,
hoping it wouldn't come back to bite them. Lundberg said they likely
"kept their fingers crossed." One other thing was clear, though,
despite "crowd-titillating campaign oratory" about their creation ever
since. Not a single framer suggested "a sheltered haven was being
prepared for the innumerable heavily laden, bedraggled, scrofulous and
oppressed of the earth." On the contrary, they intended to keep them
that way showing not a lot is fundamentally different then than now,
and the so-called founders were a pretty devious bunch, not the noble
characters we've been taught to believe.
As already explained, the deal got done with the usual kinds of
wheeling and dealing, and, in the end, a lot of opponents being won
over by agreeing to tack on the so-called Bill of Rights that was
deliberately left out at first. The dominant elements behind the
convention were what today are called nationalists. More precisely,
they were "centralizers who were continental and global in their
thinking." The opposition consisted of "localists," later called
"states-righters," who preferred a decentralized government. The
"centralizers" wanted a single or central national capital run by
superior people by their definition - the rich and better-connected
regardless of ability. Men like John Adams and John Jay (the first High
Court chief justice) felt government should be run, in Adams' words, by
"the rich, the well born, and the able." There was no disagreement on
that notion.
There were no populists in the bunch, no anti-property party, and even
the most vocal civil libertarians, like Jefferson and George Mason,
were slave-owners. Washington, for his part, contributed no pet
constitutional ideas other than wanting to protect the new nation from
drifting toward disunion which, in fact, happened with the outbreak of
the Civil War in 1861. Lundberg described him as "the very top dog of
the Philadelphia accouchement (the constitutional birthing process)."
He understood the key reason for adopting a flawed document, no matter
how bad it was or how the framers felt about it. Accepting it was the
way to prevent disunion and resulting confusion that might have
prevailed if public consideration entered the equation to become
accepted policy and law.
Conflicting ideas of concern at the time visualized three central
governments consisting of the New England states, middle Atlantic ones,
and those in the South with likely new entries to follow in the West.
The framers worried this arrangement might cause endless bickering and
wars as well as rivalrous agreements and arrangements with other
countries. In one stroke, the Constitution produced a united front
against an ever-encroaching Europe and internal struggles.
Lundberg spent much time on who the founders were this review can only
touch on. It's enough just to put a few faces on a group of crass
opportunists who today are practically ranked along side the Apostles.
But who's to say those few were any better than others of their day the
way myths are constructed and passed on through the ages unchallenged
in mainstream thinking. And don't forget that, in his first term,
George Bush might have been aiming for sainthood by claiming he got his
orders directly from God who told him to "strike at Al-Queda....and
then.... to strike at Saddam." Even the framers didn't claim that type
heavenly connection.
They did have Lundberg's focus beginning with Alexander Hamilton,
Washington's wartime aide-de-camp, first Secretary of the Treasury and
acknowledged leader of the Federalists. Here's what this noted man
thought of the Constitution in 1802. In a letter, he called it "a
shilly shally thing of mere milk and water (and) a frail and worthless
document." This is from the man, more than any other in Philadelphia,
who was its most articulate and passionate champion. Franklin, too, had
doubts as the grand old man, but mere enfeebled figurehead at the
convention, who also signed the final document. He was against two
separate chambers, disapproved of some of the articles and wanted
others that weren't included.
Then there's James Madison miscalled "The Father of the Constitution,"
which he expressly repudiated and a year later wrote "I am not of the
number if there be any such, who think the Constitution lately adopted
a faultless work.....(It's) the best that could be obtained from the
jarring interests of the states....Something, anything, was better than
nothing." Madison's disaffection went even further, in fact. At the
convention, he was an ardent "centralizer," but 10 years later he
reversed himself by aligning with those wanting to recapture more state
power. He also spent most of his life disagreeing with the way the
document he helped write was used.
Lundberg covered a few other framers most people know little or nothing
about but played their part along with the better known ones. They
included men like Nicholas Gilman from New Hampshire, William Pierce
and William Few from Georgia, Pierce Butler and Charles Pinckney from
South Carolina, Robert Morris, Gouverneur Morris (no relation) and
James Wilson from Pennsylvania, Jonathan Dayton from New Jersey, and
James McHenry from Maryland.
Of the total 55 delegates attending, 39 signed and 16 didn't, but doing
it or not was just a pro forma exercise as only the states had power to
accept or reject it. None of the framers believed the Constitution was
the glorious achievement people ever since were led to believe - quite
the opposite, in fact, but most still went along with it as better than
nothing. The nation's second and third Presidents, Adams and Jefferson,
were abroad and didn't attend the convention although Adams was
considered the leading constitutional theorist at the time. His views
had weight and were strong ones. Lundberg noted for the rest of his
life until 1826 he consistently criticized the document in private
correspondence.
Jefferson overall was just as unhappy. Until it was added, he objected
to the omission of a Bill of Rights. He also disliked the lack of any
requirements for rotation in office, especially the office of the
presidency he wished to be ineligible for a succeeding term. In 1801,
he was involved with others proposing a menu of changes to strengthen a
document he believed was flawed. He also didn't think any constitution
could survive the test of time, unchanged forever, able to meet all
legitimate needs, and as a consequence wanted a new convention every 20
years to update things and fix obvious problems.
Lundberg felt Jefferson and Adams' main objection was they had no part
in writing it or were even consulted on what should go in it. They had
a point. Adams, as noted, was the leading constitutional theorist of
the time and Jefferson (in Lundberg's view) was the most consummate
politician in the nation's history, but by no means its best President.
The convention ended September 17, 1787 "in an atmosphere verging on
glumness." Delegates signing it were just witnesses to the actions of
state delegations, not as individual endorsers, and despite their
public approval, nearly all had "inner qualms." James Monroe from
Virginia, a future President, was one of them. He voted nay with 15
others that included important figures like George Mason, Elbridge
Gerry and Edmund Randolph.
Southern delegates were won over for ratification by strengthening
chattel slavery. The Constitution forbade the federal government from
emancipating slaves until Lincoln acted in a meaningless 1862
politically motivated Executive Order. It wasn't until Congress passed
the 13th, 14th and 15th amendments, and enough states ratified them,
that the law changed freeing the slaves and giving them nominal rights
they never, in fact, had in the South at least for another 100 years.
Lundberg noted the "slavocracy was not terminated....for moral reasons;
it committed suicide for political and economic reasons, blinded by
simple greed and vaingloriousness, and long after slavery was abolished
in most places elsewhere."
Who the Framers Were
Lundberg asked: "Who were these men about whom so many
(unjustifiably) have rhapsodized? Fifty-five in total showed up in
Philadelphia in 1787 out of 74 authorized by state legislatures. A
fourth of them stayed only briefly, another quarter checked in and out
like tourists, and no more than five men carried most of the discussion
with seven others playing "fitful" supporting roles.
Further, they didn't, in fact, come to write a new constitution. They
were congressionally authorized only to propose amendments to the
prevailing Articles of Confederation. Little did they all know in May
what would emerge in September, or maybe the ones who counted most did.
Of the 19 non-attending delegates, 11 wanted nothing to do with the
affair, were opposed to it, distrusted it, and thought it rigged from
the start. The other eight had various excuses - illness (political or
real), focused at home with other business, not having their travel
expenses covered, and reluctant to make such a long trip to be away
from home and hearth for months.
Of those showing up, 33 were lawyers, 44 present or past members of
Congress, 46 had political positions at home, including seven as former
governors and five high state judges. These were men of note and
economic means who promoted their own financial interests and parallel
activity in government. In a word, they were movers and shakers or as
Lundberg called them - "wheeler dealers."
He described the group as a "gathering of the rich, the well-born and,
here and there, the able (with that quality being the exception)."
Washington and Robert Morris were reputed to be the richest men in the
country with property holdings in most cases being their main component
of wealth at the time along with slaveholdings on it. Directly or
indirectly as lawyers or principals, these men were an assemblage of
"planters, bankers, merchants, ship-owners, slave-traders, smugglers,
privateers, money-lenders, investors, and speculators in land and
securities" - essentially a group of powerful figures not much
different from their counterparts today. With a few exceptions,
Lundberg said they'd now be called a "Wall Street crowd."
In their mind, "The clear aim of the Constitution was to launch a
system that would protect, and enable to flourish, the general
interests there represented." With Great Britain removed, a vacuum was
created. The Constitution, with a new government, was created to fill
it restoring the same essential British commercial and financial system
under new management, or as the French would say, everything changed
yet everything stayed the same. Republican government simply removed
British monarchal wrappings to operate pretty much the same way.
Lundberg quoted Daniel Leonard saying "Never in history had there been
so much rebellion with so little real cause" and so little change
following it. As for the ingredients of the Constitution, Lundberg
explained nearly all of them could have been "stamped with the
benchmark 'Originated in England.' Only the mixture was different."
Further, 27 delegates were future members of Congress, two were future
Presidents, one a future Vice-President, one a Speaker of the House,
and five future High Court justices. They produced a Constitution
generated along predetermined lines by the government itself by "a
small self-selected elite at the center of government affairs." They
did it in deliberately general, vague, ambiguous language, the product
of consummate self-serving insiders. The "people" were nowhere in sight
then or for the later future amendment ratifications, all of which were
done solely by similar-minded self-serving later officials for their
own political purposes. It's always been that way from the beginning,
of course, and is strikingly so today.
Lundberg then reviewed the political background and record of the
delegates starting off with the elder statesman in Philadelphia,
Benjamin Franklin, the wisest of the bunch. In 1787, he was an
octogenarian, attended as a mere figurehead, signed the final document,
but was too enfeebled to address the convention at its end, so he
enlisted a friend to read his rather notable and prescient remarks to
the others saying:
"I agree to this Constitution with all its faults....I think a General
Government (is) necessary for us (and) may be a blessing....if
well-administered; (I "farther" believe that's likely) for a Course of
Years (but) can only end in Despotism as other Forms have done before
it, when the People shall have become so corrupted as to need Despotic
Government, being incapable of any other." Imagine such a dark prophecy
at the nation's birth by a man who never met George Bush but was wise
enough to know he'd arrive sooner or later. Franklin today would surely
say "I warned you, didn't I."
Other notable signers were less insightful, or if they were, didn't let
on. Two of them, John Dickinson and William Johnson were members of the
1765 Stamp Act Congress. Six others were members of the mainly
conservative First Continental Congress of 1774 - Thomas Mifflin,
Edmund Randolph, George Read, John Rutledge, Roger Sherman, and George
Washington.
Other important attendees were Elbridge Gerry, Roger Sherman, George
Mason, John Langdon, Robert Morris, Gouverneur Morris (no relation) and
William Livingston. Lundberg called Langdon, Livingston, Randolph,
Rutledge and R. Morris political power bosses or power-brokers of their
day, and Robert Morris was known to his friends and enemies as the
"Great Man." He was the unmatched financial giant of the era with
Lundberg saying "his brain would have made two of Hamilton" and that
his economic and political power at the time were unrivaled matching
that of the House of Morgan in the early 20th century combined with New
York's Tammany Hall.
According to Lundberg, however, this was no "all-star political team"
compared to other more distinguished figures not there - Jefferson,
John and Sam Adams, John Jay, John Hancock, Thomas Paine, Benjamin
Rush, Paul Revere, John Paul Jones, Patrick Henry and many others.
Apart from two notables, Washington and Franklin, as well as Robert
Morris, few later became prominent nationally. In 1787, Madison and
Hamilton (Washington proteges) were virtual unknowns.
Lundberg noted nothing on record shows this assemblage to have been
extraordinarily learned, profound in their thinking or even unusually
capable. Only 25 attended college, and "the one man who held the
convention together by the mere force of his presence"....Washington,
never got beyond the fifth grade. Franklin was mostly self-taught and
Hamilton was a college dropout his first year. Robert Morris, the JP
Morgan of his day, and George Mason also never attended college. Of the
25 college attendees, only Madison, Wilson and G. Morris were
contributors of note.
In point of fact, colleges in those days were quite rudimentary and
graduated students at a much earlier age, often as young as 16, and a
bright student could master the law for a degree in a matter of weeks
the way Hamilton did. The same was true in England at the time with
Oxford and Cambridge not then considered distinguished educational
centers as they are now.
Most of the attending delegates also had military backgrounds, but
writing about them kept that information secret. Lundberg stressed it
saying "the gathering took on the complexion of the general staff of
the war of the revolution." Why not, the boss himself was there,
Washington, along with his leading officers. In all, 27 delegates
served under him in the war. He knew them, most of the others, and all
of them stood in awe of him as a larger than life figure. He was
"always the nonpareil," assured he'd be the new nation's uncontested
first president. He had no party affiliation, ran unopposed twice and
got all the votes for two terms in a process more like coronations than
elections.
He and the other delegates came to Philadelphia, assembled, did their
work and went home in many cases to pursue "their eclipse." Lundberg
explained "As a collection of supposedly highly sagacious men, the
post-convention careers of the framers raise a big question mark." Ten
went bankrupt or became broke, several were involved in financial
scandals, two died in duels, one became a shattered drunkard, two
"flittered" with treason, one was expelled from the Senate, one went
mad, others quarreled bitterly among themselves about politics and
interpreting the document they created, and most switched political
sides for convenience in their subsequent quests for office. Washington
himself, likely died from medical malpractice, the victim of a
bloodletting procedure, after he took ill, when he needed all he had.
Other framers began dying off as well, a number of them right after the
convention and at ages considered very young today for some. Robert (JP
Morgan) Morris went bankrupt speculating in public lands and
securities, owed millions as a result, served three and a half
ignominious years in debtors' prison, and died broke in 1806. Other
framers also speculated and lost heavily in their financial dealings.
Hamilton was one of the few Philadelphia delegates to achieve a notable
post-convention record as Washington's Secretary of the Treasury and
Federalist Party leader. Noteworthy as well was Gouverneur Morris, no
relation to Robert. Finally, there was James Madison who was neither
the Constitution's father or its indispensable or principle source. He,
in fact, had no original or unique ideas to bring to the convention. In
this respect, he was like all the others.
Madison did perform a hugely important function as an "amanuensis,"
dutifully and painstakingly recording the convention proceedings in
what historians today call an accurate and complete stenographic
record, the best available. It was not until 1840 that it became public
after Congress bought it from his estate. He documented what Lundberg
called "startling" - that the convention delegates were "a group of men
intent upon securing various special economic interests" and weren't
the "philosophically detached cogitators they had been held up in
propaganda to be."
Madison's report shattered the view that these men came together to
devise the best possible government. >From the start, they knew what
they wanted (at least the key ones there) and set about getting it.
Madison was also a powerful advocate on the convention floor of widely
discussed views. Unlike the others, he had no considerable property or
means, but he lived to age 85, outlasted all the other framers, and
served as the nation's fourth President. In total, eight delegates at
most can be considered weighty. The rest were "routine or parochial or
both," and that conclusion is astounding for a group of 55 leading men
of the day who "participated in the formulation of a reputed deathless
document" and are revered in classrooms and society as larger-than-life
icons.
The Gorgeous Convention
Lundberg stared off saying "The constitutional convention of 1787,
an historical event of first-class importance, was itself an entirely
routine, utterly uninspiring political caucus....it produced absolutely
no prodigies of statecraft, no wonders of political (judgment), no
vaulting philosophies, no Promethean vistas." In point of fact, as
already stressed and repeated, what happened contradicts all we've been
"indoctrinated from ears to toes" to believe that's pure nonsense.
Lundberg called the main fantasy the popular conception that the
Constitution is "a document of salvation....a magic talisman." The
central achievement of the convention, and a big one, (at least until
1861) was the cobbling together of disparate and squabbling states into
a union that held together tenuously for over seven decades but not
actually until Appomattox "at bayonet point."
As mentioned above, the delegates came to Philadelphia merely to amend
the unwieldy Articles of Confederation so what it did was, "strictly
viewed, illegal." The finished product emerged as an amalgam of the
existing Maryland, New York and Massachusetts constitutions dating
respectively from 1776, 1777 and 1790, the latter one written almost
entirely by John Adams in a few days. Even though he was abroad in
London at the time, the finished Constitution was largely the product
of his earlier work. Of those attending, no individual theorist
dominated proceedings, but two dominant personalities held things
together as its "living core." Without the force of their presence,
Lundberg explained, the whole process "would almost surely have
foundered."
Those men were George Washington, the larger-than- life victorious
general of the revolution, and "Great Man" Robert Morris, the JP
Morgan-type figure who later went bust because even financial whizards
can succumb to excess greed. Gouverneur Morris also was prominent in
the proceedings while Madison and Hamilton, as already explained, were
virtual unknowns.
Lundberg called the convention "very much a prefabricated group affair"
with internal differences over concentrating power in the President or
Congress. Then, there were the "tight nationalizers, those generally
wanting a national government, and lastly in the minority
"states-righters" believing no state power should be surrendered to a
federal authority. "As for flat-out democrats," said Lundberg, "there
were none in sight." In terms of what they achieved, he called it "Old
Wine in a Fancy New Bottle" with a new name under new management. The
purpose of the convention was to gain formal approval for what the
leading power figures wanted and then get their creation rammed through
the state ratification process to make it the law of the land. On that
score, and after much wheeling and dealing, they achieved mightily.
The convention began in May, went on through three phases for 120 days,
and concluded in September after dozens of parliamentary-type votes to
postpone, reconsider, amend, etc. with a document produced and turned
over to a committee of detail in late July. The final phase ran from
August 6 to September 17, nine states were needed for ratification with
the larger, more populous ones, granting concessions to the small ones
to win the day.
Several scenarios or plans were proposed, one of which was the Virginia
Plan envisioning a central national government with a bicameral
legislature that, of course, was adopted. All the plans were "strongly
rightist" or conservative. Members of the lower house were to be
elected by the people and those in the upper body by members of the
lower one. That became the law and stayed that way until the 17th
Amendment, ratified in 1913, allowed the people of each state to elect
their own senators.
Also proposed was a chief executive, a national judiciary with a
Supreme Court at the top, and provisions for admitting new states with
republican governments in them all. In addition, the finished
Constitution included proposals for amendments and much else including
terms of office and staggered elections to prevent too many officials
being unseated at the same time. The final product was what one
academic observer called a "bundle of compromises" from beginning to
end.
Lundberg described the delegates as "flinty hard-liners, determined to
have their way, never to yield on anything substantial....willing to
make purely political compromises (over) the means of carrying on
government (but) adamantly resistant....when it came to (its) ends."
Those were primarily economic and social, and those were left as they
were when ties with Great Britain were cut.
Thinking then was much like today with provisions in the Constitution
targeting the discontented. Congress was empowered to raise revenue
through taxation, always hitting the less advantaged hardest. It was
authorized to borrow money without limit meaning the people would have
to service the debt. It was given power to regulate foreign and
interstate commerce assuring the rich their interests would be served,
and much more. In sum, the document created "was the means by which the
traditional establishment....was re-establishing itself" leaving out of
the mix the interests of the "common man (who) in point of fact was
going to be allowed to remain....common (with) the Constitution,
contrary to political blarney (offering) him no bonuses for it."
Lundberg titled one sub-section: "Down with the People." In it, he
caught the mood of the delegates as expressed by Roger Sherman of
Connecticut who said "The people should have as little to do as may be
about the government." Elbridge Gerry then denounced the evils stemming
from "the excess of democracy," and debating delegates drubbed
democracy and "the people" repeatedly. That's how Alexander Hamilton
saw things in his view of "mankind in toto (being) wholly depraved"
disagreeing with Thomas Paine's notion of government being depraved and
people being inherently good. Paine wasn't a delegate so he had no
input into the proceedings and couldn't argue against the central
interest of property as a requirement for voting and holding office.
Even Jefferson accepted this idea but hated the word enough to use
another expression for it in the Declaration of Independence he
authored. His substitute language for "property" was "the pursuit of
happiness," meaning the same thing. While Jefferson abhorred that
"word," the attending delegates (Madison and Hamilton among them) found
it their "favorite (one), often brought to the fore as a matter of
deepest concern." Also brought up was the "minority," but not "any
minority or all minorities. It was the minority of the opulent."
The far-sighted among them foresaw a bonanza coming from the revolution
that came about when the states passed confiscation acts, putting
properties up for sale at bargain prices, still only affordable to the
affluent. It sounds very much like the way corporate predators planned
to pillage and plunder Iraq and have done a pretty good job of it.
There was also plenty of graft to go around, again just like in Iraq
and at home as well. Lundberg noted "the other big bonanza of the
revolution was the trans-Allegheny domains in which patriot speculators
made and lost fortunes." The well-off had their eyes on thousands of
parcels of land and buildings wrested from their lawful owners. They
also wanted to assure that never happened to them.
Then there was the ratification process itself that turned out to be a
tussle as soon as the Constitution was sent to Congress. Lundberg
reviewed the arduous give and take process of compromise that finally
got the document passed by 13 states with three others rejecting it.
This was when adopting the Bill of Rights made the difference. The ones
adopted in the first 10 amendments weren't for "the people," nowhere in
sight, but to provide them to property owners who wanted:
— prohibitions against quartering troops in their property,
— unreasonable searches and seizures there as well,
— the right to have state militias protect them,
— the right of people to bear arms, but not the way the 2nd Amendment is today interpreted,
— the rights of free speech, the press, religion, assembly and
petition, all to serve monied and propertied interests alone - not "The
People,"
— due process of law with speedy public trials, and
— various other provisions worked out through compromise to become our
acclaimed Bill of Rights. Two additional amendments were proposed but
rejected by the majority. They would have banned monopolies and
standing armies, matters of great enormity that might have made a huge
difference thereafter. We'll never know for sure.
Lundberg stressed the importance of the amendments adopted. Without
them, the movement for a second convention likely would have prevailed
that might have derailed the whole process or greatly changed the
Constitution's structure. That possibility had to be avoided at all
costs and was by this compromise that had nothing to do with granting
rights to "The People."
Government Free Style
Lundberg destroyed the popular myth
of a government constrained by constitutional checks and balances. In
fact, it can and repeatedly has done anything judged expedient, with or
without popular approval, and within or outside the law of the land. In
this respect, it's no different than most others able to operate the
same way and often do. It's done through "the narrowest possible
interpretations of the Constitution," but it's free to "operate further
afield under broader or fanciful official interpretations" with history
recording numerous examples.
Many presidents operated this way. Lundberg noted Kennedy, Johnson,
Nixon, Wilson, T. and F. Roosevelt, Jackson, could have named Lincoln,
and didn't know about Reagan, GHW Bush, Clinton and, most of all, GW
Bush when his book was written.
A key point made is that "government is completely autonomous,
detached, in a realm of its own" with its "main interest (being)
economic (for the privileged) at all times." In pursuing this aim,
"constitutional shackles and barriers (exist only) in the imaginations
of many people" believing in them. Regardless of law, custom or
anything else, sitting US governments have always been freelancing.
They've been unresponsive to the public interest, uncaring about the
will and needs of the majority, and generally able to finesse or ignore
the law with ease as suits their purpose. As Lundberg put it: "forget
the mirage of government by the people," or the rule of law for that
matter, with George Bush only being the most extreme example of how
things work in Washington all the time under all Presidents.
Lundberg went on to explain the Constitution effectively confers
unlimited powers on the government. He cited Article I, Section 8,
Sub-section 18 allotting to Congress power "to make all laws which
shall be necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution....or any
department or officer thereof." It's up to government, of course, to
decide what's "necessary" and "proper" meaning the sky's the limit
under the concept of sovereignty. The power of government is
effectively limited only "by the boundaries of possibility." Special
considerable powers are then afforded the President, dealt with in a
separate section below, and another on the Supreme Court.
Lundberg explained how the "three divisions of the American government
operate under the immoderately celebrated system of checks and
balances" with the framers believing too much power in the hands of one
person or group of persons was a potential setup for tyranny. Lundberg
believed the theory was false, used the British model to make his case,
but he never met George Bush who might have given him pause.
In Britain, the legislature and executive are inextricably linked, a
single House of Commons runs the government, the upper House of Lords
is only advisory, the courts can only apply the law the legislature
hands them, all laws passed become part of the constitution, and new
elections are generally called if a sitting government loses a vote of
confidence.
In the British parliamentary system, the government consists of a
committee of the House of Commons called the Cabinet presided over by a
prime minister elected by his party members. He and all cabinet members
are elected members of parliament (MPs) and can be voted in or out in
any general election with all members standing at the same time. It's a
vastly different and much fairer system overall than the convoluted
American model even though, in theory, a British prime minister has
much more control of the parliament than a US president has over the
Congress with two parties and numerous disparate interests.
In practice, many US presidents get their way, despite the obstacles,
and George Bush gets nearly everything he wants, takes it when it's not
offered, and hardly ever faces congressional objection. The section
below on the power of the presidency shows how the Constitution makes
it so easy to do with Presidents, like Bush, taking full advantage on
top of all the enormous powers he has under the law.
Britain has another interesting feature unheard of in Washington that
would be refreshing to have. Once a week, there's a question period
when the prime minister and his cabinet are held to account by the
opposition and must answer truthfully or pretty close to it, at least
in theory. Also, theoretically, a minister is supposed to face certain
expulsion if an untruth stated is learned. In the US, in contrast,
Presidents routinely lie to Congress, the public and maybe themselves
to get away with anything they wish. They face no penalty doing it,
under normal circumstances, with exceptions popping up occasionally
like for Richard Nixon's serious lying and smoking gun evidence to
prove it and Bill Clinton's inconsequential kind that was no one else's
business but his own.
Lundberg then reviewed the labyrinthine US system the framers devised under the Roman maxim of "divide and rule" as follows:
— a powerful (and at times omnipotent) chief executive at the top;
— a bicameral Congress with a single member in the upper chamber able
to subvert all others in it through the power of the filibuster
(meaning pirate in Spanish);
— a committee system ruled mostly by seniority or a by political powerbroker;
— delay and circumlocution deliberately built into the system;
— a separate judiciary with power to overrule the Congress and Executive;
— staggered elections to assure continuity by preventing too many of the bums being thrown out together;
— a two-party system with multiple constituencies, especially
vulnerable to corruption and the power of big money that runs
everything today making the whole system farcical, dishonest and a
democracy only in the minds of the deceived and delusional.
This is a system under which Lundberg characterized the US
electorate - left, right and center - as "the most bamboozled and
surprised in the world" and leaves voters "reduced to the condition of
one of Pavlov's experimental dogs - apathetic, inert, disinterested."
It got Professor J. Allen to say "A system better adapted to the
purpose of the lobbyist could not be devised," and that remark came
long before the current era with things in government totally out of
control leading one to wonder what Lundberg would say today if he were
still living and commenting.
Court Over Constitution
Article III of the Constitution establishes the Supreme Court
saying only: "The judicial power shall be vested in one Supreme Court,
and in such inferior courts as the Congress may from time to time
ordain and establish." Congress is explicitly empowered to regulate the
Court, but, in fact, the Court "seems to regulate Congress." Lundberg
believed it was to allow those unelected on it to be blamed for
unpopular decisions getting them off the hook. Congress, if it choose
to, has the upper hand, and even Court decisions on various issues only
apply to a specific case leaving broader interpretations to other
rulings if they come.
As for the common notion of "judicial review," it's unmentioned in the
Constitution nor did the convention authorize it. This concept is
derived by deduction from two separate parts of the Constitution: In
Article VI, Section 2 saying the Constitution, laws, and treaties are
the "supreme Law of the Land" and judges are bound by them; then in
Article III, Section 1 saying judicial power applies to all cases
implying judicial review is allowed. Under this interpretation of the
law, appointed judges theoretically "have a power unprecedented in
history - to annul acts of the Congress and President."
Lundberg then reviewed some notable examples of judicial power, first
asserted in the famous Marbury v. Madison case in 1803. It established
the principle of "judicial supremacy" articulated by Chief Justice John
Marshall meaning the Court is the final arbiter of what is or is not
the law. He set a precedent by voiding an act of Congress and the
President. It put a brake on congressional and presidential powers,
theoretically, but Presidents like George Bush act above the law by
ignoring Congress and the Courts and usurping "unitary executive"
powers claiming the law is what he says it is. He gets away with it
because the other two branches do nothing to stop him.
In 1776 and at the time of the convention, few in the country believed
in judicial review with theoreticians like Madison and James Wilson
zealously opposed to it. They wanted legislatures and the executive to
be the sole judges of their own constitutional powers. Lundberg then
said "Judicial review....is just one of the usages of the Constitution
that sprung up in the course of jockeying among the divisions,
personalities and factions of government."
Lundberg then reviewed numerous other notable Court cases, including
the shameful Dred Scott decision when claimant Scott, a slave, sued for
his freedom on justifiable grounds and lost due to the tenor of the
times.
A few others were:
— Fletcher v. Peck in 1810 that stabilized the law of
property rights, especially regarding contracts for the purchase of
land;
— Dartmouth College v Woodward in 1819 with the Court holding charters
of private corporations were contracts and as such were protected by
the contact clause;
— McCulloch V Maryland also in 1819 with the Court ruling a state
couldn't tax the branch of a bank established by an act of Congress;
— Gibbons v. Ogden in 1824 when the Court upheld the supremacy of the
United States over the states in the regulation of interstate commerce;
— Plessy v. Ferguson in 1896 with the Court affirming discrimination in public places;
— a number of cases, including US v. EC Knight Company in 1895, in
which the Court vitiated the Sherman Anti-Trust Act of 1890 while at
the same time keeping "hot on the trail of labor unions" as
conspiracies in restraint of trade in violation of Sherman in Loewe v.
Lawler in 1908;
— Santa Clara County v. Southern Pacific Railroad in 1886 when Court
reporter JC Bancroft Davis wrote what the Court refused to refute,
thereby granting corporations the legal status of personhood under the
14th Amendment with all rights and benefits accruing from it but none
of the obligations. In this writer's non-legal judgment, this decision
above all others, adversely changed the course of history most by
opening the door to the kinds of unchecked corporate power and abuses
seen today. It stands as the most far-reaching, abusive and
long-standing of all harmful Court decisions now haunting us.
Lundberg ended this chapter with a section titled "The Corporate
State" citing what's pretty common knowledge today in the age of George
Bush. The US is a corporate-dominated society run by near-omnipotent
figures within and outside government. They believe in an
"individualistic economy," with the law backing it, based on the
inviolate principles of free private enterprise, with them in charge of
everything for their self-interested gain. In a zero-sum society, it
means their benefits harm the rest of us, and that's pretty much the
way things are today with things far more out of control than when
Lundberg wrote his book.
Even so, his comments pre-1980 observed how giant corporations arose
"under the ministering hand of government officials, especially in the
courts (and there emerged) wealthy dynasties of successful corporate
intrepreneurs, insuring a line of (future) Robber Barons." With the
Constitution forbidding "the granting of titles of nobility," corporate
titans, in fact, had all the "material substance pertaining to European
nobility (making) Money per se....ennobling in the American scheme."
Gross disparities in income and personal wealth, far more out of
proportion now than three decades ago, are largely the result of these
earlier events with government and business conspiring to make them
possible. Earlier, and especially now, "successful wealthholders in
almost every case had an omnipotent lever at their service: the
government, including Congress, the courts and the chief executive."
The constitutional story comes down to a question of money and money
arrangements - who gets it, how, why, when, where, what for, and under
what conditions. Also, who the law leaves out.
This story has nothing whatever to do with guaranteeing, as they say,
life, liberty and the pursuit of happiness; establishing justice;
upholding the rule of law equitably for everyone; promoting the general
welfare; or securing the blessings of freedom for the general public
unconsidered, unimportant and ignored by the three branches of
government serving monied and property interests only, of which they
are part.
This was how it was when the Constitution was drafted, it stayed that
way through the years, and is written in stone today with Lundberg
concluding "It seems safe to say (this way of things) will never be
rectified." Never is a long time, hopefully on that count he's wrong,
but how insightful and penetrating he was on the constitutional story
he revealed equisitely so far with more below, beginning with the
crucially important next section. George Bush will love it if someone
reads it to him or this review.
The Veiled Autocrat
Lundberg's dominant theme here is that the US President is the most
powerful political official on earth, bar none under any other system
of government. "The office he holds is inherently imperial," regardless
of the occupant or how he governs, and the Constitution confers this on
him. Whereas under the British model with the executive as a
collectivity, the US system "is absolutely unique, and dangerously
vulnerable in many ways" with one man in charge fully able to exploit
his position. "The American President," said Lundberg, stands "midway
between a collective executive and an absolute dictator (and in times
of war like now) becomes in fact quite constitutionally, a full-fledged
dictator."
A single sentence, easily passed over or misunderstood, constitutes the
essence of presidential power. It effectively grants the Executive
near-limitless power, only constrained to the degree he so chooses.
It's from Article II, Section 1 reading: "The executive power shall be
vested in a President of the United States of America. Article II,
Section 3 then almost nonchalantly adds: "The President shall take care
that the laws be faithfully executed" without saying Presidents are
virtually empowered to make laws as well as execute them even though
nothing in the Constitution specifically permits this practice. More on
that below.
Lundberg said the proper way to understand the Constitution is to view
it as a "symphony" with big themes being like separate movements. Theme
one in Article I, Section 1 says "All legislative powers herein granted
shall be vested in a Congress of the United States." Theme two is the
dominant one on the Executive in Article II, Section 1 cited above. The
final movement or theme three deals with "The judicial power."
Lundberg then continued saying "to understand the inner nature of the
United States government (the key question is) What is executive power?
- aware all the time that it is concentrated in the hands of one man."
He also reviewed how Presidents are elected "literally (by) electoral
(unelected by the public) dummies" in an Electoral College. The process
or scheme is a "long-acknowledged constitutional anomaly." They can
subvert the popular vote, never meet or consult like the College of
Cardinals does in Rome to elect a Pope, so, in fact, its use is "a
farce all the way."
Now to the issue of executive power covered in Section 2. It's vast and frightening. The President:
— is commander-in-chief of the military and in this
capacity is completely autonomous in peace and a de facto dictator in
war; although Article I, Section 8 grants only Congress the right to
declare war, the President, in fact, can do it any time he wishes
"without consulting anyone" and, of course, has done it many times;
— can grant commutations or pardons except in cases of impeachment. Nixon resigned remember before near-certain impeachment;
— can make treaties that become the law of the land, with the advice
and consent of two-thirds of the Senate (not ratification as commonly
believed); can also terminate treaties with a mere announcement as
George Bush did renouncing the important ABM Treaty with the former
Soviet Union; in addition, and with no constitutional sanction, he can
rule by decree through executive agreements with foreign governments
that in some cases are momentous ones like those made at Yalta and
Potsdam near the end of WW II. While short of treaties, they then
become the law of the land.
— can appoint administration officials, diplomats, federal judges with
Senate approval, that's usually routine, or can fill any vacancy
through (Senate) recess appointments; can also discharge any appointed
executive official other than judges and statutory administrative
officials;
— can veto congressional legislation, with history showing through the book's publication, they're sustained 96% of the time;
— while Congress alone has appropriating authority, only the President
has the power to release funds for spending by the executive branch or
not release them;
— Presidents also have a huge bureaucracy at their disposal including
powerful officials like the Secretaries of Defense, State, Treasury and
Homeland Security and the Attorney General in charge of the Justice
Department;
— Presidents also command center stage any time they wish. They can
request and get national prime time television for any purpose with
guaranteed extensive post-appearance coverage promoting his message
with nary a disagreement with it on any issue;
— throughout history, going back to George Washington, Presidents have
issued Executive Orders (EOs) although the Constitution "nowhere
implicitly or explicitly gives a President (the) power (to make) new
law" by issuing "one-man, often far-reaching" EOs. However, as Lundberg
explained above, the President has so much power he's virtually able to
do whatever he wishes, the only constraint on him being himself and how
he chooses to govern.
— George Bush also usurped "Unitary Executive" power to brazenly and
openly declare what this section makes clear - that the law is what he
says it is. He proved his intent in six and a half years in office by
subverting congressional legislation through his record-breaking number
of unconstitutional "signing statements" - affecting over 1132 law
provisions through 147 separate "statements," more than all previous
Presidents combined. In so doing, he expanded presidential power even
beyond the usual practices recounted above.
— Presidents are, in fact, empowered to do almost anything not
expressively forbidden in the Constitution, and very little there is;
more importantly, with a little ingenuity and a lot of license and
chutzpah, the President "can make almost any (constitutional) text mean
whatever (he) wants it to mean" so, in fact, his authority is
practically absolute or plenary. And the Supreme Court supports this
notion as an "inherent power of sovereignty," according to Lundberg. He
explained, if the US has sovereignty, it has all powers therein, and
the President, as the sole executive, can exercise them freely without
constitutional authorization or restraint.
In effect, "the President....is virtually a sovereign in his own
person." Compared to the power of the President, Congress is mostly "a
paper tiger, easily soothed or repulsed." The courts, as well, can be
gotten around with a little creative exercise of presidential power,
and in the case of George Bush, at times just ignoring their decisions
when they disagree with his. As Lundberg put it: "One should never
under-estimate the power of the President....nor over-estimate that of
the Supreme Court. The supposed system of equitable checks and balances
does not exist in fact (because Congress and the courts don't
effectively use their constitutional authority)....the separation in
the Constitution between legislative and the executive is wholly
artificial."
Further, it's pure myth that the government is constrained by limited
powers. Quite the opposite is true "which at the point of execution
(reside in) one man," the President. In addition, "Until the American
electorate creates effective political parties (which it never has
done), Congress....will always be pretty much under (Presidents')
thumb(s)." Under the "American constitutional system (the President) is
very much a de facto king."
Lundberg cited examples such as Franklin Roosevelt, considered one of
the nation's three greatest Presidents along with Lincoln and
Washington. He "waged (illegal) naval warfare against Germany before
Pearl Harbor." During the war, he stretched his powers to the limit and
functioned as a dictator. Truman atom-bombed Japan twice gratuitously
and criminally with the war over and the Japanese negotiating
surrender. He also went around Congress to wage a war of aggression on
North Korea when its forces attacked the South after repeated
US-directed southern incursions against the North. Lyndon Johnson
attacked North Vietnam February 7, 1965 using the contrived August,
1964 Gulf of Tonkin Resolution as justification even though there was
none. The examples are endless, Presidents take full advantage, and
nearly always get away with it.
The only thing Presidents can't do, in theory, is openly violate the
law. But since he can interpret it creatively, it's up to Congress and
the High Court to hold him to account, and that rarely happens. Nixon
was forced to resign to avoid impeachment because there was smoking gun
evidence on tape to convict him on top of his being roundly disliked
making it easier to act. But what he did overall wasn't unusual except
that he paid the price for it.
As Lundberg put it, "highhandedness, unpalatable doings (and) scandals"
are part and parcel of politics from top to bottom in the system at all
levels of government. Jethro Lieberman showed this type behavior "is a
steady occupation at every level of government" in his pre-Watergate
book - "How the Government Breaks the Law." At the executive level, he
showed government proceeds "pretty much ad libitum outside the
stipulated rules at all levels." In other words, the nation was always
infested with Nixons at all levels, but most got away with their
offenses and today that's truer than ever.
As for impeaching and convicting a President for malfeasance, Article
II, Section 4 states it can only be for "treason, bribery, or other
high crimes and misdemeanors." Based on the historical record, it's
near-impossible to do with no President ever having been removed from
office this way, and only two were impeached, both unjustly.
Lundberg quoted John Adams on this issue saying he was right believing
it would take a national convulsion to remove a President by
impeachment, it hasn't happened up to now, which is not to say it never
will with no President more deserving of the "distinction" than the
current sitting one who almost makes Richard Nixon look saintly by
comparison. It's long past the time to smash the inviolate notion of
presidential invincibility, and given the growing groundswell, it could
happen against all odds. If it does, it will be a first, and if he were
still living, it would also make Lundberg rethink his final comment on
the subject that it's "virtually impossible to remove a President (and)
His security in office....is but one facet of his power." Still
remember, an exception, when it happens, only proves the rule, so
Lundberg's assessment is still valid.
Presidential power since WW II is also reinforced by their own private
army through the vast US intelligence apparatus and much more. The CIA
is part of it and today functions mainly as a presidential praetorian
guard and global mafia-style hit squad operating freely outside the law
as a powerful rogue agency backed by an undisclosed budget likely
topping $50 billion annually. And since January, 2003, the Department
of Homeland Security functions as a national Gestapo about as free to
do as it pleases as CIA that also operates outside its mandate on US
soil along with the equally repressive FBI. They mainly target
disaffected political groups and individuals publicly standing against
government policies with enough influence to make a difference.
The Risks in One-Man Rule
Lundberg quoted noted political scientist Herman Finer (1898 -
1969) again reinforcing what's covered above that "there is (virtually)
no limit to the Chief Executive's power." In six and a half years in
office, George Bush proved he was right and then some. Finer, even in
an earlier less complex era, portrayed the President as overweighted
with responsibilities while having enough concentrated power in his
hands to make irresponsible, rash or dangerous decisions with
potentially immense repercussions.
Finer proposed a way to improve the presidency by relieving one man of
more responsibility than anyone can handle alone and minimize
incompetency or villainy at the same time. His idea was for a
collective and supportive leadership formed around the President,
including a cabinet of 11 Vice-Presidents elected in combination with
the chief executive every four years.
The framers structured the government to frustrate and confuse the
electorate. They did it through staggered elections to avoid a clearly
visible line of authority as well as maintain a continuity of
governance whatever else the public might prefer. Finer wanted to
correct these kinds of faults in the current system. He also understood
that Presidents are plucked out of almost anywhere because of their
perceived electability, not from their ability to govern effectively in
an office enough to overwhelm anyone no matter how able and dedicated.
His idea was for Presidents and Vice-Presidents to be required to have
served in either house of Congress a minimum four years to learn how
Washington operates that can be quite different from a state or the
military where former generals of note, like Dwight Eisenhower and
others, went on to become very ordinary or failed Presidents. Only
George Washington was the exception proving the rule, and being a new
nation's first President (governing a population smaller than Chicago
today) was quite different from how things are now.
Finer also wanted the President and his cabinet to sit in the House of
Representatives to make them more visible and responsible like the
British model. His main concern was that too much responsibility lay
with one man, with too much power to discharge it, and far too often
that man turns out to be incompetent, venal or both. Under the present
system, the President is near-omnipotent, operates in secrecy, is most
often the wrong one chosen, and is able to spring surprises at will,
often with potentially disastrous implications like today under George
Bush.
He was also concerned about Presidents having secret ailments,
impediments or becoming seriously ill enough to be unable to govern yet
still be able to retain the power of the office. Woodrow Wilson was a
case in point as he suffered a severe stroke and paralysis on his left
side 17 months before his second term of office expired. His principle
biographer said he was "either gravely ill (his last year in office) or
severely incapacitated at the time the country needed his leadership
most."
Wilson never should have been allowed to run at all as it was known
seven years earlier he was a bad health risk. He did it because the
information was concealed from the public even though Wilson himself
thought he might die at any moment, was blind in one eye, suffered
episodes of depression, dyspepsia, colds, headaches, dizziness and
feelings of dullness and numbness in one hand the result of diseased
nerves. In short, he was a physical and emotional basket case running
the country and unable to do it much of the time and not all late in
his second term.
Franklin Roosevelt is another prime example. At age 39, eleven years
before being elected President, he was stricken with what was thought
to be polio and was permanently paralyzed from the waist down. Yet, he
kept his condition secret and (before the age of television) was never
photographed in a wheelchair in public. In his third term, he was
advised not to run for a fourth time because of his health. He did, of
course, and won, but in 1941 his blood pressure was high and rising,
his heart was enlarged, and he suffered from congestive heart failure
from which he finally expired in April, 1945. By early 1944, he was in
marked decline and a dying man.
With the most calamitous war in history in its late stages and the
power of the chief executive most needed, Lundberg described FDR as "a
burned-out matchstick" barely able to function. It showed in some of
his irrational decisions at the end. Yet, he was still in charge as
commander-in-chief and the most powerful leader on earth as the war in
Europe and Asia still raged, and he alone was calling the shots.
With future Presidents just as vulnerable to serious health problems,
Lundberg's view was as the presidency is now structured, "the American
people are sitting on a bomb....likely to explode (unexpectedly) at any
moment." The problem, he said, isn't just about an imperial presidency,
but an "anarchic," "wild-cat" or "Protean" one under which "anything
can happen." Drawing an analogy to a modern-day corporation, he
explained the obvious. No large publicly-owned corporation would ever
operate this way. It would never put its chips on a single person or
"choose its chief executive (as) nonchalantly as does the United
States."
Wilson and Roosevelt weren't the only Presidents who served in office
while experiencing serious illness. Eisenhower suffered two heart
attacks along with other health problems, and Kennedy "was a walking
bundle of ailments" with much of it concealed. Lyndon Johnson, as well,
was in trouble from the start, suffered a massive heart attack before
winning national office, and (unknown to the public) was never judged
physically or mentally sound while President.
His actions proved it and give pause to what may be afflicting George
Bush, kept secret from the public. A disastrous six and a half year
record conclusively shows this man is unfit to serve in the nation's
highest office or in any responsible capacity. Because he's there
taking full advantage, all humanity is held hostage to what's coming
next at the hands of a venal, incompetent and possibly mentally
unbalanced or deranged US chief executive.
For all the above-stated reasons along with the examples just cited,
Finer believed the office of the President was ill-structured and
should be drastically changed for the betterment of the country (and
all humanity). As far as achieving any of what he proposed or any other
type broad brush makeover of the system, Lundberg believed it's
near-impossible. Doing it would involve amending the Constitution and
in a wholesale way. With certain opposition in enough states, there's
almost no chance these type changes can happen.
How did this happen, and were the framers at fault, Lundberg asks? To
some degree, but not entirely. It's pure fantasy to imagine any group
of men, even if they'd been the most talented and far-sighted, could
have met in 1787 to produce a Constitution, elaborate, detailed and
ingenious enough to "anticipate and provide for every facet and
contingency of the nation" that would eventually encompass 50 states
and grow to a diverse population exceeding 300 million. It was
impossible then and now everywhere. Furthermore, they made the amending
process extremely hard to do even though it was subsequently
accomplished 17 times after the Bill of Rights was added to get the
Constitution ratified in the first place.
At a much simpler time, the framers didn't understand that governments
fundamentally act in their own self-interest whatever the law says. The
Constitution complicates it for them by consisting of a "set of
incomplete prescriptions, ostensibly frozen in time except as subject
to an almost impossible amending process." So to get around the problem
or ignore it, governments function ad libitum with one man at the top
calling the shots even though this isn't what the framers had in mind.
So all the "patriotic praise....heaped upon the Constitution in
schoolbooks....is simple nonsense, pap." How well the country is served
at any time depends on the pure luck of the draw to get a really
first-rate capable leader as President. It rarely happens, and Lundberg
cites only the three example of Washington, Lincoln and Roosevelt. None
of the others matched them, and far too many were abysmal failures or
worse with one candidate just cited standing out prominently as the
overwhelming choice for the worst and most dangerous ever.
On top of all the other flaws and faults, "the people" were
deliberately and willfully left out of the process proving "democracy
is not recognized in the Constitution," shocking as that notion is to
most people reading these words. Lundberg had hopes, however, that a
future time would come that would embrace constitutional improvement on
a significant scale. As he put it, this document, "as it stands, is by
no means the system the United States is ultimately fated to embrace
(forever). For there is a great deal of room for improvement - a great
deal" (indeed, and then some).
A Renewed Call for a Second Convention
With the need so
much greater now than 30 years ago, in the age of George Bush, it's
time we went about the process Lundberg advocated in the title of this
section. Doing it, however, is infinitely harder than achieving
relatively simpler amendment tinkering here and there, even though
Article V allows for such a procedure. With everything in mind from
what's covered above, it's easy to believe, whatever the Constitution
allows, convening a convention for constitutional change is
near-impossible given the way the country is now run, by whom and most
importantly for whom - the immensely powerful monied interests sitting
in corporate boardrooms running the country, the world and our lives.
They've got everything arranged their way, it's taken decades to get
it, they engineer elections to get the best "democracy" they can buy,
and it always turns out that way, more or less. The bankers and Wall
Street even own the Federal Reserve giving them the most powerful
instrument of government - the right to print and control the nation's
money supply and charge interest on it. By so doing, the government
(and the public) must pay interest on its own money that wouldn't
happen if it printed its own as Article I, Section 8 of the
Constitution says only the government can do.
It relinquished that power when Woodrow Wilson betrayed the public by
signing the most disastrous piece of legislation in the nation's
history willfully after Congress passed the Federal Reserve Act in the
dead of night December 23, 1913 with many of its members away for the
holiday and most others unaware of what, in fact, they were signing.
Today, with a virtual stranglehold on state power, in league with
Democrat and Republican governments in their pockets, why would
corporate giants ever give up what took so long for them to get. They
never will, Lundberg knew it, too, and said the chance for real change
from a second convention "is almost nil....if (these pages) have shown
anything, (it's clear as day) the government (backed by the power of
money) controls the Constitution," not the other way around or "the
people" either, left out completely from the start.
Lundberg didn't say it but surely believed achieving the kinds of
democratic changes he wanted would have to come from the bottom up.
Only an aroused public, en masse and undeterred, fed up with the state
of things and committed can make it happen. Impossible as it seems,
history at times surprises, and if it does this time, it will be the
greatest one ever....and not a moment too soon.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and listen Saturdays
to the Steve Lendman News and Information Hour on TheMicroEffect.com at
noon US central time.