When you buy a car, a blender, a hair
dryer, etc., you also get an owner's manual. Many of us start using
the device without reading about it, get ourselves into trouble, and fall
back on the last alternative in computer programming. "When all else
fails, RTFM," translated loosely as "Read the pea-pickin’ manual."
Many Americans for many reasons, have
concluded that our government is failing, or has already failed.
But how many of us have read the Owner's Manual recently, or even read
it in the last ten years?
Two recent issues point out the dangers
of operating, or trying to understand, American government without reading
the Owner's Manual. The new issue is the 4-3 decision of the California
Supreme Court, requiring the establishment of homosexual marriage in that
state. The continuing issue is the war against terror, in Iraq or
elsewhere. The Owner's Manual is, of course, our Constitution.
The first question is: who owns the
United States of America? It seems like an obvious question. But
when you ask it, answer it, and think about the answer. Some critical
conclusions follow.
We were all taught in the third grade
or thereabouts that "the people are in charge in the USA." Later,
we get the phrase, "popular sovereignty." The Declaration of Independence
declares that "governments ... derive their just powers from the consent
of the governed." The Manual agrees: In Article IV, Section 4, it
says: "The United States shall guarantee to every State in the Union a
Republican Form of Government...."
That has nothing to do with the Republican
Party. Political parties are not mentioned in the manual. Political
parties did not exist when the Constitution went into effect in 1789.
And the Framers warned us against the dangers of political parties (then
called "factions") in the ''Federalist, Number 10.''
The meaning of "Republican ... Government"
goes back to Aristotle’s ''Politics.'' It means government by representatives
who were elected by the people. Although most of us today use the
shorthand of calling the United States a "democracy" (from which the Democratic
Party drew its name), the Manual tells us that is wrong. Pure democracy
means direct action by the people. Half of the states have this in
their constitutions. But the Owner's Manual for the United States
was written without direct democracy, nor have any amendments included
that to date.
Choices of what went into the Owner's
Manual, or not into it, from 1787 through 1992, are all deliberate.
Later in this series we'll get into details such as separation of powers,
checks and balances, etc. It’s enough for today’s two issues to know
that legislative power belongs to Congress and the state legislatures,
and that only Congress has the power to declare war.
In the California decision mandating
homosexual marriage, four members of the court took unto themselves the
power of the legislature to pass laws creating or changing public policy.
The three dissenting judges had the theory of government correct in saying
that, whatever the merits of the intended policy, it is not the business
of judges to create that policy by force. Unfortunately, those state
judges had the bad example of five justices of the U.S. Supreme Court in
the Texas sodomy case. There, the justices, by a one-vote majority,
also invaded the province of the legislature.
Concerning the war on terror, various
politicians, press, and pundits have claimed that the Bush administration
has no legitimate power to prosecute the war. Again, it is a matter
of reading the Manual. Article I, Section 8, clause 10 gives to Congress
alone the power "to declare war." It takes only a Joint Resolution;
the president doesn't sign that, and cannot veto it.
Then it’s a matter of checking the gauges.
Congress did declare war, through a Joint Resolution Authorizing the Use
of Military Force ("across international boundaries"). That was folded
into the Patriot Act, 18 September, 2001. For those who claim that
isn't a real Declaration of War, the language is nearly identical to that
used by Congress in 1805 to authorize President Jefferson to attack, and
defeat, the Barbary Pirates.
Once Congress has declared war, then
the president’s powers as commander in chief, kick in. (See Article II,
Section 2.) Those powers remain in effect until Congress ends the
declaration, or ratifies a Treaty of Peace.
So, these are two, major issues which
are easily understood, if we just read the Owner's Manual. It is
also a good idea for the press to read the Owner's Manual from time to
time. |