Today marks the 240 years since an arbitrary point in time, one of several associated with the Declaration of Independence. It’s also a time to reflect on how irrelevant the Declaration is in the 21st century, despite constant references in political culture. Present American policy the antithesis of the right of revolution. The dismemberment of Occupy shows that even talking about revolution is taboo. This is to be expected- what kind of self-sustaining regime would ever recognize the right to be overthrown?
So even though it was created eleven years later, when we discuss our origins we speak, directly or indirectly, of the Constitution. Unlike almost every state with a written constitution, the US Constitution has undergone comparatively mild revision, even though it predates the French Revolution, and thus modern politics as we know it. In the past, I’ve talked about our origins as dead people’s baggage, and the problem of a pre-democratic Constitution. Consider this a third take on the same theme.
Here’s a strange thing to consider. At this point, it is generally established that all-white clubs clash with civil rights law. This year, Harvard cracked down on single-sex clubs, indicating that even in bastions of privilege like the Ivy League, integration is now expected.
Were the Constitutional Convention assemble today, July 4, 2016, it would be a pariah. An all-white, all-male clique, who generally speaking despised the working class, and did not think of women or populations of color as citizens. Yet most people are okay with how the Constitution was created. This slides into the problematic “the times were different” defense, which has always been used to justify atrocity and injustice. All the institutions surrounding the Constitution have integrated in some sense- legislatures, courts, school boards, the Cabinet. But the roots remain the same. And when the three current female Supreme Court justices interpret the law, they wrestle with a legal history that women had no input on until a few decades ago.
The end result is a Constitution that is incredibly vague, which inherently supports existing privilege and white male supremacy. There are no protections for marginalized groups, because they were never thought to have political and social rights. In fact, one can say that constitutional change in American history is a story of turning universal rights into enforceable protections.
One reason a second Convention has never been called, despite Framers asking future generations to do so, is that the leap will be so dramatic. Can we imagine a Constitution ten times longer? Twenty? Can we imagine the Second Amendment remade? Can we imagine centuries of case law overruled?
So on this July 4th, we triumph the Declaration, as it remains pure, frozen in time. There is no sense of obligation to change it. On this day, we can travel to the past, and not bring its baggage on the return trip.