Hands off the constitution

 

March 16, 2023



Methinks there is mischief afoot.

I’m a big fan of constitutions, at least those under which Americans and Montanans live. Constitutions evolved over thousands of years of bloody struggle over who really holds sovereignty – the people, or the aristocracy. The good ones are truly unique historical inventions, being marks of reason, genius, knowledge, and patriotism. And they provide the stability needed for security and progress.

But a constitution isn’t foolproof. It only works if citizens agree to live under it. Frequent or easy changes mean you have not a constitution but an everyday policy book. You might as well not have a constitution at all.

Since words change their meanings over time, as do living situations, a constitution must be open to interpretation … but not much. You can fine tune it occasionally, after much “throwing about of brains”, but again, not very much. And, there must be a deeply knowledgeable, trusted, and politically-neutral office which has authority over final interpretations. Individuals are welcome to study and opinionize over the constitution, but they are nevertheless subject to that office’s authority.


As for the political environment surrounding a constitution, I think I’m a conservative. I understand the need for occasional single amendments but these must be slow and come only through an arduous process. Other than that, I immediately distrust efforts at change.

That’s what leads me to believe we’re kind of in trouble.

There’s a nationwide movement to call a Constitutional convention. I don’t think it is main-stream yet, at least I hope not, because I can’t imagine what a chaotic mess this would be in the current political atmosphere.


But closer to home, there’s a boatload of Montana constitutional referenda being proposed during this legislative session. Somebody wants to make major changes in Montana’s constitution. My guess is that some if not most of this can be traced to the Freedom Caucus or similar ultra-conservative groups who seem more interested in disruption than in fair policy. There have always been such groups; America has survived them, and in some cases probably needed them. But the difference now is the word “conservative”.

For much of my life I’ve thought it was conservatism’s job to protect our constitutions, to prevent frivolous changes, to be the wise parent saying to liberals (and to the forgotten masses who don’t participate in political strife) “Listen, children. You don’t know what you’re doing here. Keep your hands off our Constitution.”

But now it’s conservatives who are pushing the changes, and pushing hard. Yes, that’s the same conservatives who think the phrase “God, guns, and the Constitution” is the bedrock of American liberty, the same conservatives who, during election campaigns, seem to think that the more times they say “Constitution” the more patriotic and righteous they are.

How did we get to such a turn-around? I don’t know, but I don’t trust it. A movement of this scale means somebody outside Montanans is pushing it, somebody who will profit if the movement succeeds. It means that once again Montana itself is being exploited by somebody not from here.

Montana’s constitution is just over 50 years old, pretty young in comparison to the American Constitution. It still needs a lot of aging. Sure, maybe it could use a change or two. Fine. Do this slowly, one item at a time, with room for debate and respect for opponents’ views, not through a 10-gauge scattergun approach which is not only disruptive and maybe dishonest, but also destructive.

In my opinion, argue politics all you want, but keep your hands off the Constitution, whether nationally or in Montana.

Ron Rude, Plains

 

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