But he didn’t sign it.
Mason had a premonition. He feared that the new nation would
vibrate between a monarchy and a “corrupt oppressive aristocracy.”
He was not alone. Between 1787 and 1791 the entire nation
was absorbed in the debate over ratification of the new charter. Fear of the
abuse of centralized power was at the root of most opposition. James Madison,
Alexander Hamilton and John Jay wrote detailed arguments– lawyers would call
them briefs – in favor of ratification. They became known as the Federalist
Papers and they made a strong case.
But it was only an argument about what the future might
hold. The true believers were confident that they had designed the best plan
for the future of the American people. Perhaps George Mason and Patrick Henry
of Virginia, James Winthrop of Massachusetts and Melancton Smith of New York
were wrong. Perhaps they were just pessimists who would not let themselves see
the silver lining.
On the other hand…
It is just possible that those naysayers were sounding an
alarm about what could happen, what might happen, indeed what would happen, if
the people of the states became too complacent, too content, too willing to let
others take the lead, make the decisions, run the country.
So here we are, 230 years later. More than 90% of the American
people have lost confidence in the Congress. Our President openly talks about
ruling the nation by executive fiat. Our Supreme Court blandly goes about the
theological business of dictating the cultural mores of three hundred million
people who are spread over 16 percent of the inhabitable land mass of planet Earth.
And where do these learned men and women, these modern day
Pharisees come from? They march down the Ivy corridor that runs from Cambridge
Massachusetts to Washington D.C. with short stops in New Haven, Connecticut and
New York City to join the self anointed cadre of the intellectual elite, the
heirs of a self perpetuating, self aggrandizing, self adulating, self promoting
ruling class who see themselves as the brightest and the best, and who simply
assume that everyone else in the world thinks so, too.
Let’s see. All nine Justices of the United States Supreme Court
were educated at Harvard, Yale or Columbia. The President of the United States attended
Columbia University and graduated from the Harvard Law School. That’s two of
the three branches of our national government.
Some years ago, when I was Dean of the Thomas Cooley Law
School in Lansing, Michigan, I noticed that all of the law clerks in the United
States Supreme Court had graduated from one of four or five law schools. I
wrote a letter to then Chief Justice Warren Berger and asked if there was any
way for graduates of the other 165 law schools to be considered for those
important and prestigious positions.
Berger replied that his former law clerks acted as a search
committee and always provided him with able candidates for clerkships.
I wrote and suggested that there must be a better way. Then
I asked the deans of all American law schools to nominate one graduating senior
they felt was outstanding, and for several years we published the “National Law
School Dean's List” with pictures and biographies of law graduates all across
America.
The Supreme Court paid no attention. They have no need for
outsiders. It’s an attitude that pervades our nation’s capital. But it is being
challenged.
There is a spirit of revolt across the land. One of its
provocateurs is Jimmy Wales, the Founder and Proprietor of Wikipedia. Educated
by his mother and grandmother in a one room school house in Alabama, Jimmy has
set about providing free access to the entire knowledge base of the human race.
More and more, people are learning that in the twenty-first
Century, it's not who you know but what you know that counts. Can the Internet save the Republic?
I think so. And I certainly hope so.
I think so. And I certainly hope so.
Excellent piece Judge Brennan! The status quo holds onto power with crusty skeletal steeliness—your leadership in promoting decentralized solutions (read: Article V Convention) to those corrupt, decrepit corridors of power has been an inspiration for more folks than you realize!
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