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Our Constitution Wasn't Built for This


From: "Dave Farber" <farber () gmail com>
Date: Tue, 19 Sep 2017 06:44:21 -0400




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: September 19, 2017 at 5:19:33 AM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Our Constitution Wasn't Built for This
Reply-To: dewayne-net () warpspeed com

Our Constitution Wasn’t Built for This
By GANESH SITARAMAN
Sep 16 2017
<https://www.nytimes.com/2017/09/16/opinion/sunday/constitution-economy.html>

Exactly 230 years ago, on Sept. 17, 1787, a group of men in Philadelphia concluded a summer of sophisticated, 
impassioned debates about the fate of their fledgling nation. The document that emerged, our Constitution, is often 
thought of as part of an aristocratic counterrevolution that stands in contrast to the democratic revolution of 1776. 
But our Constitution has at least one radical feature: It isn’t designed for a society with economic inequality.

There are other things the Constitution wasn’t written for, of course. The founders didn’t foresee America becoming a 
global superpower. They didn’t plan for the internet or nuclear weapons. And they certainly couldn’t have imagined a 
former reality television star president. Commentators wring their hands over all of these transformations — though 
these days, they tend to focus on whether this country’s founding document can survive the current president.

But there is a different, and far more stubborn, risk that our country faces — and which, arguably, led to the TV 
star turned president in the first place. Our Constitution was not built for a country with so much wealth 
concentrated at the very top nor for the threats that invariably accompany it: oligarchs and populist demagogues.

From the ancient Greeks to the American founders, statesmen and political philosophers were obsessed with the problem 
of economic inequality. Unequal societies were subject to constant strife — even revolution. The rich would tyrannize 
the poor, and the poor would revolt against the rich.

The solution was to build economic class right into the structure of government. In England, for example, the 
structure of government balanced lords and commoners. In ancient Rome, there was the patrician Senate for the 
wealthy, and the Tribune of the Plebeians for everyone else. We can think of these as class-warfare constitutions: 
Each class has a share in governing, and a check on the other. Those checks prevent oligarchy on the one hand and a 
tyranny founded on populist demagogy on the other.

What is surprising about the design of our Constitution is that it isn’t a class warfare constitution. Our 
Constitution doesn’t mandate that only the wealthy can become senators, and we don’t have a tribune of the plebs. Our 
founding charter doesn’t have structural checks and balances between economic classes: not between rich and poor, and 
certainly not between corporate interests and ordinary workers. This was a radical change in the history of 
constitutional government.

And it wasn’t an oversight. The founding generation knew how to write class-warfare constitutions — they even debated 
such proposals during the summer of 1787. But they ultimately chose a framework for government that didn’t pit class 
against class. Part of the reason was practical. James Madison’s notes from the secret debates at the Philadelphia 
Convention show that the delegates had a hard time agreeing on how they would design such a class-based system. But 
part of the reason was political: They knew the American people wouldn’t agree to that kind of government.

At the time, many Americans believed the new nation would not be afflicted by the problems that accompanied economic 
inequality because there simply wasn’t much inequality within the political community of white men. Today we tend to 
emphasize how undemocratic the founding era was when judged by our values — its exclusion of women, enslavement of 
African-Americans, violence against Native Americans. But in doing so, we risk missing something important: Many in 
the founding generation believed America was exceptional because of the extraordinary degree of economic equality 
within the political community as they defined it.

Unlike Europe, America wasn’t bogged down by the legacy of feudalism, nor did it have a hereditary aristocracy. Noah 
Webster, best known for his dictionary, commented that there were “small inequalities of property,” a fact that 
distinguished America from Europe and the rest of the world. Equality of property, he believed, was crucial for 
sustaining a republic. During the Constitutional Convention, South Carolinan Charles Pinckney said America had “a 
greater equality than is to be found among the people of any other country.” As long as the new nation could expand 
west, he thought, it would be possible to have a citizenry of independent yeoman farmers. In a community with 
economic equality, there was simply no need for constitutional structures to manage the clash between the wealthy and 
everyone else.

[snip]

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