Opinion: As I have written a number of times, our Founding Fathers were brave, great and noble men divinely inspired by God, but they were not the Lord. They had a lot on their plate in drafting the Constitution, and in many areas seriously erred. As important, no Constitution can function as our “legal bible” if the men who are empowered through our republican form of government to implement it are corrupt – and in fact a mirror of a decaying society. (That’s how we get “leaders” like Bill and Hillary Clinton and Barack Hussein Obama).
In this regard, it was John Adams, a principled trial lawyer, colonial revolutionary, Founding Father and our second American president, who proclaimed just 13 days before signing the Declaration of Independence, that we can change our rulers and forms of government many times, but without ethics, morality and religion, we will not have a lasting liberty.
While Adams’ words ring true, and our decline can largely be attributed to a lack of principled political leadership in these perilous times, “We the People” need a legal, ethical and moral structure to advance our nation and pull it back from the brink of ruin.
During this political season, leading up to the 2012 presidential elections in particular, I find it nauseating to hear several of the Republican candidates declare that they are strict constitutional constructionists, as if the current Constitution was a be all and end all. It was a good start on our road to anticipated freedom, but it was, by definition, just a start. Over the course of the last 224 years since it was ratified by the states, serious structural flaws in it have emerged, such that additional amendments, 27 to be exact, have proved necessary.
But above and beyond amendments, a patchwork solution is no longer optimal. The Constitution needs to be reanalyzed, pulled apart and put back together – “reconstituted,” so to speak – to take into account the realities of the times we live in. Noble men are no longer in power, and are not likely to be in the near or distant future. We need a newly crafted Constitution that is just and not only promotes greater freedom, but also boxes in our corrupt leaders from pursuing their corrupt ways, and provides redress and empowers “We the People” to hold them accountable.
Many conservatives are fearful that calling for and holding a second Constitutional Convention would open the door to liberals and the far left to pursue their agendas. But I say, what do we have to lose? We have no real Supreme Court that enforces our current Constitution, much less believes in morals or ethics, and this current Constitution is neither respected nor obeyed by most of our leaders in the executive and legislative branches of government. It’s simply time to plug the loopholes with one coherent and forceful document – a Holy Grail, so to speak, to help restore and further our Judeo-Christian values and thus our posterity.
Here are just the top 10 reasons why a Constitutional Convention should be called and the following structural changes made.
First, given our experience in the last decades with traitorous and corrupt presidents, we need a mechanism to remove them from office quickly, before they do lasting damage, as Barack Hussein Obama has done in the last three years. The impeachment mechanism is not only too slow, it has never worked. Since our founding, we have never removed a president in this fashion. Tragically, removal only occurred through suicide, assassination, resignation or natural health causes. Perhaps we need a recall provision similar to what we see in California and other states with regard to governors. Other solutions should also be on the table.
Second, we need an independent Justice Department, in effect a fourth branch of government, not beholden to the president and the political and legal establishments. Currently, the Justice Department is part of the executive branch, and the attorney general, now the corrupt Eric Holder, is the handpicked lackey of the president. An independent Justice Department, such as exists in Israel, could hold corrupt leaders and others more accountable on behalf of “We the People.” Just last week, Israeli justice authorities criminally indicted for bribery one of that nation’s past presidents, Ehud Omert. This has never happened in the United States, because the Justice Department in effect works for and is beholden to the president and is fearful to confront other corrupt high establishment government officials. Only low- and medium-level officials are generally burned at the “stake of justice.” As a recent example, just ask Dick Cheney’s chief of staff, Scooter Libby, who was indicted, convicted and thus took the fall for the vice president and Karl Rove in the Valerie Plame affair.
Third, a new Constitution needs to specify that the government must balance the budget and not spend more than it takes in. Coupled with this, income tax levies need to specifically outlawed.
Fourth, as the current Constitution does not make specific reference to a right to life, this needs to be included in the new one.
Fifth, a true right of privacy, with the clarification that this right does not include a so called woman’s right to choose to abort an unborn child.
Sixth, there needs to be specified term limits for the president (one six-year term to lessening “politicking” to be elected to a second term), for congressmen, senators and federal judges. The proposed Constitutional Convention would hash out the realities of these imposed term limits, which would serve to keep fresh and hopefully less corrupt “talent” moving through our governmental agencies. This would help avoid the old proverb that “power (ultimately) corrupts.”
Seventh, the new Constitution could spell out that American citizens have what lawyers call legal standing, even if they themselves do not have a current “case or controversy,” to challenge unconstitutional, unjust and “illegal” laws. As it now stands, only some states allow for this – such as Florida, which allows taxpayers to sue to invalidate tax laws even if they are not being victimized.
Eighth, mandate that English is our official language.
Ninth, clarify that capital punishment is cruel and unusual punishment. Given the flaws in our justice system, it must be eliminated and in any event does not square with a pro-life Constitution. Life imprisonment is far more punitive if actually enforced.
Tenth, provide the judicial mechanism for “citizens grand juries” to indict and try government officials and others who violate our laws and ethics.
These are just a few reasons why we need a Constitutional Convention and a newly rewritten Constitution. Lets retain what has proven to work in the old one and craft a new and improved version to keep our corrupt government establishment officials in check and provide the mechanism for “We the People” to save our nation.
About the author: Larry Klayman is a former Justice Department prosecutor and the founder of Judicial Watch and Freedom Watch. His latest book is "Whores: Why and How I Came to Fight the Establishment."