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Thoughts on the Constitution: A Symposium
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13478 |
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Section : |
SPECIAL SECTION
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9 / 1987 |
6,384 Words |
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Sidney Hook, Ira Glasser, Ralph D. Abernathy, et al.
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On the occasion of our Constitution's bicentennial, THE WORLD & I asked a number of scholars, authors, and public figures to address these questions:
1.How well is the Constitution meeting our needs?
2.Is it carrying out the intent of the Founding Fathers? 3.What kind of changes may be needed in the foreseeable future?
From the responses it should be apparent that the questions that animated the Founding Fathers continue to excite public debate even now.
Judicial Usurpation
by Sidney Hook
To my surprise I find myself almost alone in advocating that the occasion of the bicentenary of the U.S. Constitution be celebrated with the convocation of another Constitutional Convention. This is certainly in accordance with the expectations of Thomas Jefferson and some of the nation's founders. It certainly is in keeping with the philosophy of democracy which holds that legitimate government is based on the consent of the governed, and that most human beings are better judges of their own interests than are others. The popular maxim "those who were the shoes know best where they pinch" (and therefore have the right to change their political shoes in the light of their experience) expresses the homely democratic truth.
There are many thinkers who, without renouncing their faith in democracy, are ardently opposed to the convocation of another Constitutional Convention. Very often, in addition to some technical objections, they seem convinced that most contemporary Americans are either too stupid or too wicked or both to be entrusted with self-government, and that the nation lacks the leadership and popular civic virtue that gave birth to the Constitution two centuries ago. Here is not the place to appraise the validity of their objections. Were a new Constitutional convention to be held, one question, however, would have a primary place on the agenda, far exceeding in importance the Balanced Budget amendment. This is the nature and scope of the federal judiciary in the democratic process.
That this is a crucial question today is recognized even by those who are very dubious about the wisdom of convoking another Constitutional Convention. For
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