We Have A Problem….

June 17

Article I - On the Preamble

            Apparently neither “insuring domestic tranquility” nor “promoting the general welfare” were on the minds of the majority when the Supreme Court ruled (6-3) that the ban on bump stocks was unlawful.  The four separate shootings on the weekend which followed the ruling, whether consequence or coincidence, further illlustrate the negative impact of the highest court’s repeated failure, or refusal, to act in the public interest by opening and promoting a constitutional path to the enactment of common sense gun regulation.   The decades-long misinterpretation and misapplication of the Second Amendment is just one of  a number of stains on the Court’s record and reputation, especially over the past thirty years.  There is good reason to suspect that Alexander Hamilton may have been wrong when he says in Federalist 78 that the judiciary is the branch  “...least dangerous to the political rights of the Constitution....”, or that the judiciary is “...beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two....”.  Recent history and current events indicate that  We the People have good reason to be concerned about the dangers of both corruption and ideology and their influence on the judicial branch of government.

Article II - On the Constitution

            It has been suggested that, from the beginning, the Supreme Court, in the person of Chief Justice John Marshall, may have arrogated to itself a role never intended for it by the Founders: that of determining the constitutionality of a law, or “judicial review”.  One could argue, based on the historical record, that Justice Marshall simply asserted this authority even though, technically, he had no cause or constitutional sanction to do so.  Article 3 of the Constitution itself makes no provision for the notion of judicial review.  Article 3, Section 2, in fairly straightforward language, establishes the parameters for the Court’s “original” and “appellate” jurisdictions.  In effect, the Supreme Court was to function simply as the court of last appeal in the event of disputes connected to laws duly passed by Congress and signed by the president.

            An important takeaway from an examination of Article III, and the Constitution as a whole, is that, contrary to the view of some current justices, Congress certainly does have the power to regulate both the Supreme Court and the lower courts.  Ultimately, We the People, through the Congress, have the responsibility to carefully and thoroughly study the backgrounds and philosophies of office-seekers to ensure, first, that voters are electing responsible and democratically inclined representatives, and, second, that these officers will safeguard democratic institutions by carefully vetting the legal philosophies, writings, and rulings of all nominees to positions of responsibility in the judicial system of the United States.

Next: Originalism

Order in the Court

June 13

Article I - On the Preamble

            The notion of “forming a more perfect union” suggests that the Founders understood that this nation and its constitution were, and are, works in progress.  This idea deserves ongoing attention, and especially so in a period of history in which the Supreme Court has shown unmistakable signs of acting contrary to the “general welfare” and the common good.  Of particular concern are the interpretive traditions known variously as “originalism”, on the one hand, and “purposivism” or “inclusive constitutionalism” on the other.  These traditions and their implications will be considered in future AfP blog posts. 

Article II - On the Constitution

Proposed 28th Amendment: On Age and Term Limits (subject to further revision)

            Continuing with the proposed 28th Amendment to the Constitution, we turn to the Supreme Court:

Section 6

Members of the Supreme Court are limited to serving a total of 12 years, or one 12-year term.  Supreme Court justices are no longer appointed by the president, but serve on a rotating basis.  Congress shall enact appropriate legislation and develop guidelines for the organization and execution of the rotation process.

Section 7

The number of the justices of the Supreme Court shall be set at 12 (twelve).  The justices must reach a majority (at least 7-5) to confirm or overrule legislation.  In the event of a tie vote, existing law remains in effect, or legislation passed by Congress and signed by the President becomes law.  The composition of the Court reflects the demographic composition of the national population to the greatest possible extent.

Section 8

Congress shall enact appropriate legislation and create appropriate oversight for the carrying out of the provisions of this amendment.

Next: More Thoughts on Reforming the Supreme Court

Terms of Employment

June 10

Article I - On the Preamble

            The weekly posts on this website are intended, not to provide detailed analysis, but to encourage and provoke thought and reflection on issues connected to the Constitution, and especially the Preamble to the Constitution.  In the coming weeks and months, for example, we might consider how, as voters, we might use our votes to “secure the blessings of liberty to ourselves and our posterity” in the upcoming presidential election.  It seems reasonable to expect that responsible citizens, when considering their votes, will have regard for the candidates who best encourage and demonstrate respect for our system of government and the laws and norms that make that system work.  Which candidates have made a public commitment to “promote the general welfare”, as opposed to the welfare of certain individuals or groups?

Article II - On the Constitution

            In keeping with the theme of age and term limits, the following is a concrete proposal for an amendment to the Constitution that would address previously noted concerns:

Proposed 28th Amendment: On Age and Term Limits (subject to further revision)

Section 1

            All officers of the Legislative, Executive, and Judicial branches of government (i.e., all those holding office, whether elected or appointed, in one of the federal branches) are subject to mandatory retirement upon reaching 75 years of age.

Section 3

Members of the House of Representatives are limited to serving a total of 12 years, or six consecutive or non-consecutive 2-year terms.

Section 4

In the interests of equity among the three branches of government, the President is limited to serving a total of 12 years, or three consecutive or non-consecutive 4-year terms.

Section 5

Members of the Senate are limited to  serving a total of 12 years, or two consecutive or non-consecutive 6-year terms.       

Next: The Supreme Court

“...These Honored Dead....”

June 6

I.On the Preamble

            The Preamble declares that We the People, as citizens, are called to “...secure the blessings of liberty to ourselves and our posterity....” On the occasion of the 80th commemoration of the D-Day Invasion, it seems fitting to recall what these soldiers fought and died for.  There is little dispute that, in essence, the Allied effort in Europe during the Second World War was directed toward the defeat of tyranny as manifested in German National Socialism and Italian Fascism.  The post-war political and economic system put in place by the Western powers under the leadership of the United States, whatever its shortcomings, provided liberty and opportunity to millions of people.

            The heading for this post is intended to recall the words spoken by President Abraham Lincoln in his Gettysburg Address.  At a time when democracy in the United States itself is confronted by the challenge of fascism, we do well to recall the words of Lincoln, that these honored dead of D-Day and World War 2 “...shall not have died in vain...and that government of the People, by the People, and for the People, shall not perish from this earth.”  May We the People carry these sentiments with us as we study, reflect, and prepare to vote in the coming election.    

II.On the Constitution

            In view of the concerns expressed by many regarding the advanced age of the presidential candidates in 2024, it seems appropriate to suggest that Congress consider enacting legislation setting age limits for all office-holders in the legislative, executive, and judicial branches.  It is not that these senior office-holders are incapable of doing the job.  It is that they serve their term(s) conscientiously and honorably and then exit to make room for new people and new ideas.  With reference to a previous Alliance post on term-limits (see post for March 11, 2024), it seems that (a potential) 36 years in public service is enough for anyone.  Many, if not most, Americans retire at the age of 65, and even Roman Catholic bishops and pastors must submit their resignations at the age of 75.

            Citizens who are concerned about the viability and effectiveness of government are well advised to urge their own representatives to begin the process of proposing, crafting, and passing legislation establishing age limits for office-holders.

Next: 28th Amendment?

Keeping in Touch….

June 4

I. On the Alliance

            The fifty-year campaign to overturn of Roe v. Wade and the recent release of the book “The Fall of Roe” bring into focus the founding constitutional notion of the separation of church and state.  There is increasing evidence of efforts to reinterpret the founding documents and to construct justifications for the establishment of (the Christian) religion in the United States.  There is also evidence that a growing number of Americans would welcome such a development.  The Alliance engages in ongoing study of this issue, and encourages discussion among citizens regarding the relationship of church and state in a secular representative democracy such as the United States.    

II. On the Constitution -Term Limits - Part 3

In view of recent new stories concerning Justices Alito and Thomas, it could reasonably be observed that Supreme Court justices especially, the longer they serve, are prone to become insulated from the day to day concerns of average citizens.  Because they are increasingly out of touch and desensitized, they lose their capacity to see the potentially disastrous consequences of their rulings and their behavior.  Supreme Court rulings on campaign finance, gun control, and voting and reproductive rights, for example, have manifestly NOT been in the public interest.  And accepting “emoluments” such as vacations, and paid college tuition for family members calls to mind the old expression: “The appearance of impropriety, IS impropriety.”  There is an urgent need to study and reconsider Article III of the Constitution, and to craft and enact amendments to address the evident shortcomings of Article III as it currently reads.

Next: Age Limits

Less is More….

March 11, 2024

                         I. Alliance Objective: Small and Peaceful Actions

The Alliance for the Preamble takes a novel approach to its public actions.  Gatherings consist of up to twelve participants and a “coordinator”, who will know, by name, all the members of his/her cohort.  The intent of public actions is less to draw attention to the Alliance and more to raise awareness of the Preamble to the United States Constitution. 

II. Constitutional Issue: Term Limits – Part 2

A specific proposal for term limits would be 12 years for all officers of government: presidents, congresspersons, senators, and, most importantly, Supreme Court justices.  The number twelve provides for six congressional terms, two senatorial terms, three presidential terms, and one Supreme Court term.  Congress would set up an appropriate committee to oversee all matters concerning term and age limits, which would be specified in a “28th Amendment” to the U.S. Constitution.

There are those who might argue that establishing term-limits would deprive government of the wisdom of long experience in government.  A first response to this objection is that length of service does not necessarily correlate with wisdom.  A second response is that, if an officer of the government is conscientious and dutiful, that officer has the potential to serve 36 years in the government (12 in Congress, 12 in the Senate, and 12 in the White House).  Supreme Court justices, because they are not elected, are limited to one term in office. 

Next: Term Limits - Part 3

Primary Concerns….

March 04, 2024

I. Alliance Objective: Frequent Recitation of the Preamble

               The most important objective of the Alliance for the Preamble is to cause the Preamble to the U.S. Constitution to be as well-known and frequently performed as the Pledge of Allegiance and the National Anthem.  Accomplishing this objective will enable citizens to focus regularly, if not daily, on the form of government we have lived under for over 250 years, as well as the reasons for the very existence of government, both in the United States and around the world.  Each time we recite the Preamble, we are reminded of our duty as citizens to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and ourposterity.

II. Constitutional Issue: Term Limits - Part 1

                In view of the concerns over the advanced age of the presumptive nominees for president in 2024, Congress should produce and enact a constitutional amendment establishing both age limits and term limits for holding federal office.  The president, with the passing of the 22nd Amendment in 1947 (ratified in 1951), is already limited to two terms. That which applies to the president should reasonably apply to all federal office holders.

It has become evident that one of the reasons for governmental dysfunction in Washington, D. C. is that, over the years, individuals have “hoarded” government service, building power-bases and manipulating the system to the point that it is difficult, if not impossible, to remove incumbents from office.  The result is that, in too many cases, old age, old ways, old thinking, and remaining in office dominate the political process, leading to gridlock and failure in carrying out the wishes of the electorate.

Next: Term Limits - Part 2

“Tranquility on Earth….”

December 24, 2023

“Tranquility on Earth....”

The third ideal expressed in the Preamble to the U.S. Constitution, “Insuring Domestic Tranquility” has particular relevance at this time of year when many are thinking of “peace on earth, good will to all”.  Tranquility is, after all, just a fancy word for “peace”.  In Webster’s, tranquilitiy is associated with words like “peacefulness”, “serenity”, and “calmness”.  Domestic tranquility effectively means “peace in the home”.  Peace at home then spreads to all the earth.  The Preamble suggests that each and every U.S. American is responsible for insuring “peace in the home”, and then for spreading that “domestic peace” around the world.

As we move into a new year and a year-long presidential campaign, we would do well to remind ourselves that, in addition to “insuring domestic tranquility”, we have also set as a goal “to secure the blessings of liberty to ourselves and our posterity”.  The danger exists that the wrong outcome of this election could open the door to the loss of our democratic, representative institutions and lead to the establishment of authoritarian rule in the United States.  We, the people, have the power and the responsibility to stop this from happening.  We are responsible for preserving and passing on the liberties ordained and established by the founders, and fought for by generations of our forebears throughout our nation’s history.

It is in this spirit that the Alliance for the Preamble will work, in 2024 and beyond, to promote the ideals expressed in the Preamble to the U.S. Constitution.

Merry Christmas/Happy Holidays to All!

Looking Forward…

December 19, 2024

With all that is going on and with an election coming up, we want to engage as many outlets as possible to bring about an election result and a polity that reflects and promotes the ideals expressed in the Preamble:

Forming a More Perfect Union, Establishing Justice, Insuring Domestic Tranquility, Providing for the Common Defense, Promoting the General Welfare, and Securing the Blessings of Liberty to Ourselves and Our Posterity!

Welcome

December 12, 2023

Welcome!

Election Day is coming, and now the real work begins.

I want to get the Alliance for the Preamble involved in a long-term advocacy project with other civic-minded individuals and organizations. Today's post will begin that process.

Declaration 1: The Alliance for the Preamble cooperates with other civic-minded groups to promote the ideals expressed in the Preamble and protect the citizens' government through ongoing advocacy and citizen education.

Declaration 2: The Preamble to the U.S. Constitution is normative and central to all political and economic undertakings in the United States.

Thanks for reading.