An attorney friend of mine told me that this was the best book she’d ever read on the U.S. Constitution. So I read it. I was expecting a fairly scholarly discussion explicating its various articles and amendments. It’s not that at all. Perhaps it’s something better: there already are many scholarly and legal analyses of Constitutional articles and amendments.
McGowan is aiming for a different audience – not scholars nor lawyers and maybe not even people quite familiar with the Constitution but young people (and older people) who have not thought much about what’s in the Constitution or why they should. What rights and privileges do we have as Americans? How are they guaranteed in the Constitution and its amendments, and are these rights and privileges still in full force today? McGowan contends that we have drifted pretty far away from those rights. She is passionate about getting us to reclaim them.
To get us started, she gives a brief review of American history, with special emphasis on Thomas Paine, whose pamphlet on “Common Sense,” was a major impetus in convincing our founders and others that they needed to split from England to form their own government, not a monarchy but a democracy. Now she argues, forcefully, we must reclaim our democracy before it is too late.
“A lot has changed since 1776, but the parallels between Paine’s time and ours have become too obvious to ignore. You don’t have to be a genius to know that something’s gone wrong in the Land of the Free and the Home of the Brave. . . Most of us are still trying to act as if the American Experiment is working for us, but deep down we know it’s not. . . I mean, sure, it’s working for you, Mark Zuckerberg, but you’re also building a five-thousand square foot underground bunker in Hawaii so … something’s up.”
She gives us six principles that are at the heart of our Constitution and its Amendments, tells us that we must reclaim them, and gives us her opinions about how that can be done. I’m just going to summarize a couple of points she makes under each of the six principles.
1. America is a land of freedom. Here are a few of the salient points she makes.
The history of America is packed with oppression. Right from the get-go, of course: chattel slavery and so many other oppressions on and on. But we have made progress. “Every step forward expanding our freedom has been hard-won, which is why it means so much to us, and why we shouldn’t be cavalier when people try to take it away.”
She also has little patience for those who think our Constitution is set in stone and must be interpreted as it was in the Framers time. Our Framers had vision and knew things would change and that we should change with them. She quotes Thomas Jefferson :
“. . . laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made . . .and manners and opinions change…institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat that fitted him when a boy as a civilized society to remain forever under the regime of their barbarous ancestors.”
2. Everyone should have the opportunity to rise.
The American Dream – everyone can make it, if they just work hard enough – is one of our most widely held beliefs and cherished ideals, but is it true? Or was it once true but not so true anymore? Of course, it was never true for the chattel slaves or, for a long time, women, and may other classes of people we could name. But, again, we’ve made progress. So how are we doing now?
Today, implied in the Trumpian phrase, “Make America Great Again,” is that we’ve lost something, usually something we had in the Golden Age of the 1950s (the good old days): white picket fences where we knew our neighbors and everyone looked pretty much alike and the father worked and the mother stayed at home where she kept the house and cared for the children and where one salary provided a comfortable life for the family.
But, McGowan says, the people who made that phrase famous are not thinking of those golden days, they are thinking of the Gilded Age. As proof she offers “the increasing wealth gap, the growing monopolies, the price gouging, the housing crisis, the increased child labor, the decreased regulations, and the disrupted unions to see the plan for what it is, and how few of us it will actually serve.” Power is in the hands of the few and corporate profits are higher than they have been in more than seventy years. The very, very rich are getting richer and hardworking people are falling into poverty. No matter how hard they work. Only half the people born in the 1980s will make as much money as their parents. Most are going backwards. She explains some of the things we/the government need(s) to do give everyone the opportunity to rise.
3. Every citizen should have a vote, and that vote should count.
In this chapter, McGowan recounts many things that have weakened our voting system and the power of our vote. Among them, the weakening of the Voter Rights Act, the varied attempts – often successful – to make it harder to vote, especially in targeted districts, gerrymandering, Citizens United (the ruling that unleashed unprecedented big money spending in politics and shifted political influence away from the people and toward wealthy donors and corporations), the Electoral College (which allows a Presidential candidate who did not receive a majority of the popular vote to win), the attempt of a past and current President to overturn legitimate election results, and more. She’s a strong advocate for amending the Constitution to get rid of the Electoral College but admits that it would be difficult so also suggests some alternatives.
4. Representatives should represent the people who voted for them.
Here she discusses unequal representation. Wyoming has the same number of U.S. senators as California, for example. And “the most prosperous parts of America include about fifteen states with thirty senators, while the thirty-five less prosperous states have seventy senators. So, the citizens paying the most into the federal government via taxes actually have less political power in the federal government via representation. Many other like examples can be cited, and she does. Government has simply stopped evolving to fairly represent the population. She also discusses the size of current congressional districts. Many districts are so large that our congress member can’t possibly stay in touch with his/her constituents except in a most remote way. As the population of the U.S. continues to grow, the numbers of our representatives remains the same, frozen at 435. Now a single congress member who used to represent “around 200,000 people represents approximately 700,000 people, with some congress members representing close to a million people. She says no one can adequately stay in touch with the diverse populations and interests in districts this large. But overall she tells us. “We took our eye off the ball, and let our relationship with democracy slide.” We took our democracy for granted.
The way the filibuster has come to be used is another issue she takes on. Anyone can stop a bill. It’s one of the reasons legislators can’t get things accomplished. She summarizes:
• Americans are less represented every year.
• House members have far too many constituents for us to truly be considered a representative democracy.
• The filibuster in the Senate is a road block to progress.
• Special interests and big money play an outsized role in our politics.
It’s a broken system.
5. The law applies to all of us.
Equal justice under the law, we say, but we know that’s not true. Not today and certainly not yesterday. Various amendments in our Bill of Rights have tried to make the law apply more broadly and more evenly.
• The Fourth Amendment lays out rules for search-and-seizure.
• The Fifth Amendment gives us the right not to incriminate ourselves or be tried twice for the same crime. It also says that we can’t have our life, freedom, or property taken away without “due process.”
• The Sixth Amendment is about our rights in a criminal trial, a right to a speedy trial by a jury of our peers, the right to confront those who accuse us in court, to have witnesses testify in our behalf, and our right to a lawyer.
• The Seventh Amendment is like the sixth but applies to civil trials.
• The Eighth Amendment says bail can’t be excessive and “cruel and unusual punishment” is not allowed.
We’ve come a long way, but many of these terms need to be better defined: what’s “cruel and unusual” punishment? We’re one of the few civilized countries in the world that still has the death penalty. And if bail is not supposed to be excessive, why do we have poor people rotting in jail for petty crimes while rich people are walking around free for crimes much worse?
The Fourteenth Amendment made the aforementioned rights apply to state and local governments as well. Great progress, but we’ve had obstacle courses put in front of these rights ever since – especially for Black men and other people of color and in poverty. And cries of unfairness from the privileged. “When you’re accustomed to privilege, equally feels like oppression.”
She discusses the many ways Trump and his followers are calling for religious tests, calling for mass deportations, threatening to lock up their political enemies, granting pardons to rioters who tried to overturn a duly elected government they didn’t happen to approve of, and more. And she also takes on the U.S. Supreme Court, especially their egregious ruling (6-3) giving legal immunity to U.S. presidents, essentially making the American president a king. She quotes Justice Sonya Sotomayor: “Today’s court . . . has replaced a presumption of equality before the law with the presumption that the President is above the law for all official acts.”
Our faith in the law, in our courts, has been shaken. Without trust in courts and in the Supreme Court, we have a country without law and order. At the end of the day the court only works if people believe in it. What’s the solution? She’s an advocate of expanding the number of Supreme Court justices for one. She also quotes Alexander Hamilton who said if it comes down to the court or the people, we must always defer to the latter. That’s certainly an ideal statement in a democracy, but I’m not sure if, in our current situation, that’s a good solution. The courts sometimes betray us and sometimes save us.
6. Government should be a force for good.
“. . . [G]overnment of the people, by the people, for the people, shall not perish from the earth.” Is President Abraham Lincoln’s forceful definition and resolve of and for democracy still cherished today? Many, too many, not only in our country but around the world seem to be turning toward autocracy. Winston Churchill famously said that democracy is the worst form of government except for all the others. Yet we spend so much time complaining about it and, in recent times, trying to undermine it, instead of trying to make it better.
Ronald Reagan is hardly to blame for what’s been happening to our democratic government today but, says McGowan, he dealt government a severe blow when he made famous his small joke, “The most terrifying words in the English language are: ‘I’m from the Government, and I’m here to help.’” She reviews many ways that our government has failed and, importantly, many ways it has done incalculably good. She wants us to return to believing in our government and holding it accountable.
She spends several pages enumerating the many ways she believes the Republican Party is tearing down government and trying to destroy it. It she partisan, yes; but is she wrong, no. IMO. Her summary:
“It has been said that democracy is three things: (1) the vote, (2) the rule of law, and (3) a society that includes freedom of speech, a way of behaving in a civilized way with ‘the other,’ and free debate that is out of the grasp of power. Modern American democracy is sshowing strain in all three categories. We must use our vote to protect our institutions and behave with decorum and civility in the face of ignorance and incivility. Finally, we must uphold the rule of law, which means holding everyone, no matter who they are, accountable for their actions.”
McGowan published her book just before Donald Trump was elected to be POTUS for the second time. I can’t imagine that there is one honest, thinking person who is not shocked at how much damage has been done to our democracy in the two short weeks that he has resumed office, as of this writing. McGowan’s message is more urgent than ever.