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Mitchell Sowards's avatar

I love the content of this article and will do my best to internalize these ideas and put them to use. I also read The Nation article about the Danes' resistance in WWII which was referenced. I have one serious, nagging concern about the difference between WWII Denmark and 2025 USA. What would have happened in Denmark if 30-40% of Danes had welcomed the Nazis as "saviors"? Based on voting patterns and polling, it sure seems like 30-40% of Americans approve of what our government is doing today. Could the tactics described about Denmark have possibly worked in that case? For every 6-7 resisters to the Nazis there might have been 3-4 collaborators. I feel that's a problem we face in America today.

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Jack Jordan's avatar

This is an outstanding piece! Consistent with everything in it and consistent with the desire to help bring peace, may I respectfully recommend some refinements in the thinking behind this piece? We all should be able to agree that carefully considering and giving effect to our Constitution is simultaneously very conservative and very liberal and it powerfully promotes the rule of law, equal rights and the truth. One of the primary purposes of our constitution as one nation comprising one people and one of the primary purposes for which "We the People" wrote and ratified our Constitution "for ourselves" was to make radically liberal truths become the new conservative rule of law.

Democracy is a word we love, but it's not what we really have. Democracy is not even what we really do want or what we really should want. Isn't "democracy" (just like "monarchy," "aristocracy" or "oligarchy") most fundamentally, merely a label used to identify the part of society that wields power? The Nineteenth Amendment and assertions about it illustrate the problem. The very reason the Nineteenth Amendment was needed in the first place was that the forces of "democracy" throughout our entire history to that point had denied (and for much history even after the Nineteenth Amendment they continued to deny) nearly all women much power to influence their self-government (by each woman over herself or by women over our public servants).

The truth is that insisting on democracy undermines the truth, equal rights and the rule of law. Such insistence blinds people to the truth, including about equal rights and the rule of law. Our Constitution states the rule of law in the U.S. and it states the most fundamental rules of law precisely to restrain abuses and usurpations of power, no matter who wields it.

Our written Constitution (establishing and stating the rule of law) repeatedly prohibited discrimination that certainly was democratic but equally certainly was contrary to our constitution as one nation of one people. That was the primary point of Amendments XIII through XV, XIX, XXIV and XXVI. The first paragraph of Amendment XIV elaborates on and more explicitly supports the first sentence of our Constitution. It states rules of law that expressly govern states because such rules of law already explicitly or implicitly governed our public servants in national government.

James Madison (rightly lauded as the Father of the Constitution and the Father of the Bill of Rights) emphasized in Federalist 47 that our written Constitution and our constitution of government are "a reflection on human nature" inasmuch as they employ "devices" that are "necessary to control the abuses of government." All "government itself," is "but the greatest of all reflections on human nature."

Madison emphasized the self-evident truth that "the preservation of liberty requires that" our Constitution prescribe how "power should be" divided and restrained. "The oracle who" was "always consulted and cited on this subject" from the 1760's through the 1780's was "the celebrated Montesquieu." Montesquieu in 1754 famously emphasized that "[t]here can be no liberty where the legislative and executive powers are united in the same person, or body of [people]," or, "if the power of judging be not separated from" both "the legislative and executive powers." So Madison (and many Americans) in the 1780's famously emphasized that "[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many" is "the very definition of tyranny."

No matter who wields power or how great their number, the sad truth is all power is amenable to abuse and it will be abused. That sad, self-evident truth was understood by the people who wrote or ratified our Constitution, the Bill of Rights, the Reconstruction Amendments, Amendments XIX, XXIV and XXVI.

That truth is the reason Article VI expressly emphasizes that our Constitution established “the supreme Law of the Land” (i.e., the supreme law that governs all our public servants everywhere in the U.S.); it expressly emphasized that all “Judges in every State” are “bound” by “the supreme Law of the Land” (which was expressly limited to our “Constitution” as the paramount law and then federal “Laws” that were “made in Pursuance” of our Constitution and “all Treaties”); and it expressly emphasized that all legislators and “all executive and judicial Officers, both of the United States and of [all] States” are “bound” to “support [our] Constitution” in all official action.

That truth is the reason that the People in Article II prescribed the oath of office of all presidents and the actual words of every president before each president starts any term of office expressly emphasize that the foremost and constant duty of every president in all official action is to “preserve, protect and defend [our] Constitution.” That truth is the reason that the People further emphasized that "executive Power" means, to a great extent, the duty to “take Care that” all federal “Laws be faithfully executed.”

Our Constitution was carefully crafted to protect us from "tyranny" by prohibiting or preventing "[t]he accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many" and by restraining the exercise of "all powers," regardless of whether they are "legislative, executive," or "judiciary."

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