Sunday, July 29, 2012

The Constitution constitutes us as a Nation. At the same time ,it provides the framework for adjudication of Constitutional issues. When it was crafted we, as a Nation, did not already exist. The Articles of Confederation were not working;they did not function harmoniously. There was too much disagreement among separate pockets of authority. The Constitution constituted us as a People. The structure was that of a Republic; the essence was a Union of people. if we had been a union of States, that would have put us right back where we were with the Confederation. It is a people government. At first, interpretation was not too problematic. The issues were mostly those between the general and the particular. Of course, there were many interpretive problems and there are still many such problems. But, with the advent of the Linguistic Turn, many areas dependent on language were contaminated. Philosophy and Literature are re-organizing. But, interpretive practices in Constitutional adjudication are still following the paradigm of human nature and rights originating with the Enlightenment. There has never been any kind of a consensus about what those rights and that human nature is. All we can know for sure is that I am human and so are you; hence so is everyone else. Neither I nor you can claim some superiority that exists in us by virtue of just being in the human condition. The Constitution constituted us as a Union of People; Free and Equal human beings. We need not go any further; we are a political institution of human beings and we sit at the bottom. As human beings, we all have the same rights and privileges as the Other. But, we have to live in a condition of togetherness, and hence need laws to prevent one person from stepping on the toes of the Other. We cannot grant superiority to any one individual to harm or contaminate the Other or the general welfare of the whole. Since the people who are governed are the people who allow someone to sit at the Top to govern; those same people can replace the person at the Top to protect the general welfare of all. The essence of democracy are the people at the Bottom. The bottom of the triad is the support of the Top of the triad. Without the Bottom, there is no need for a Top. The Top must function for the benefit of the Bottom. If the Top functions for its own aggrandizement, it must be replaced. Its sole function is to govern the Bottom and to do so democratically.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.