Why would a
multi-multi-millionaire Senator, who consistently votes to harm
the hungry and the poor who so concerned Jesus, join forces with
religious fundamentalists to stack this nation's highest courts?
Could it be because he and his wealthy Republican friends see
huge financial benefits for themselves and their corporate
patrons in a compliant court?
At the "Justice Sunday" event hyped to national prominence by
Bill Frist's appearance, Chuck Colson told America that we
should read the Federalist Papers to understand the intent and
the mind of the Founders.
Apparently Colson overlooked
Federalist 47, published by James Madison on February 1,
1788. Titled, "The Particular Structure of the New Government
and the Distribution of Power Among Its Different Parts,"
Madison wrote about how important it was that the different
branches of government serve as checks and balances on each
other.
"No political truth is of greater intrinsic value, or is
stamped with the authority of more enlightened patrons of
liberty," wrote Madison of the concern about any one particular
group dominating all branches of government. He added, "The
accumulation of all powers, legislative, executive, and
judiciary, in the same hands, whether of one, a few, or many,
and whether hereditary, self-appointed, or elective, may justly
be pronounced the very definition of tyranny."
A paragraph later, Madison quotes the Enlightenment thinker
Montesquieu, inserting his own capital letters for emphasis:
"'When the legislative and executive powers are united in the
same person or body,' says he [Montesquieu], 'there can be no
liberty, because apprehensions may arise lest THE SAME monarch
or senate should ENACT tyrannical laws to EXECUTE them in a
tyrannical manner.'
"Again: 'Were the power of judging joined with the
legislative, the life and liberty of the subject would be
exposed to arbitrary control, for THE JUDGE would then be THE
LEGISLATOR. Were it joined to the executive power, THE JUDGE
might behave with all the violence of AN OPPRESSOR.'"
Or perhaps Colson could read Federalist 48, in which Madison
quotes from Thomas Jefferson's "Notes on the State of Virginia."
"All the powers of government, legislative, executive, and
judiciary, result to the legislative body," wrote Jefferson in
this commentary quoted in Federalist 48. "The concentrating of
these in the same hands, is precisely the definition of despotic
government.
"It will be no alleviation, that these powers will be
exercised by a plurality of hands, and not by a single one. One
hundred and seventy-three despots would surely be as oppressive
as one."
Jefferson added, "An ELECTIVE DESPOTISM was not the
government we fought for; but one ... in which the powers of
government should be so divided and balanced among several
bodies of magistracy, as that no one could transcend their legal
limits, without being effectually checked and restrained by the
others.
"For this reason, that Convention which passed the ordinance
of government [the Constitution], laid its foundation on this
basis, that the legislative, executive, and judiciary
departments should be separate and distinct, so that no person
should exercise the powers of more than one of them at the same
time.''
Unless, of course, you are a Republican sponsored by massive
corporate interests and willing to invade people's bedrooms to
score political points with religious extremists.
The real power of the Republican Party is held by the
corporatists - who
Vice President Henry Wallace called "the American fascists"
- whose loyalty is to hereditary wealth and corporate rule. (As
the 1983 American Heritage Dictionary noted, fascism is: "A
system of government that exercises a dictatorship of the
extreme right, typically through the merging of state and
business leadership, together with belligerent nationalism.")
But this is such a small minority of Americans that Frist's
wealthy fascists had to bring along somebody else. They chose
the religious fundamentalists for their unholy alliance.
The fundamentalists want to replace the Constitution with
their unique and particular interpretation of Christian
scripture. Their main assertion is that this nation's first laws
were based on the Ten Commandments.
The Founders disagree. As Jefferson famously wrote in his
"Notes on Virginia":
"The legitimate powers of government extend to such acts only
as are injurious to others. But it does me no injury for my
neighbor to say there are twenty gods, or no God. It neither
picks my pocket nor breaks my leg."
In fact, Jefferson said, the idea that this nation was
founded in Christianity, or that the Ten Commandments were a
pattern for the Constitution, was a "fraud of the clergy."
"Christianity was not introduced [to England] till the
seventh century," wrote Jefferson in a February 10, 1814 letter
to Dr. Thomas Cooper, "the conversion of the first Christian
king of the Heptarchy having taken place about the year 598, and
that of the last about 686. Here, then, was a space of two
hundred years, during which the common law was in existence, and
Christianity no part of it. ...
"In truth, the alliance between Church and State in England
has ever made their judges accomplices in the frauds of the
clergy; and even bolder than they are."
But the bottom line for the corporatists is that if the
religious conservatives - whipped into a frenzy by the thought
that a woman may deign to control her own body - can change the
courts to be more "conservative," the corporatists can be sure
that the "conservative" judges are both opposed to abortion, and
also radically in favor of corporate interests and hereditary
wealth.
By helping out religious extremists, Frist's corporate
fascists will have much greater power to put into place judges
who won't overturn laws that deny the working class access to
bankruptcy courts, the right to sue as a class when harmed, and
will give multinational corporations the freedom to import,
pollute, and profit at the expense of small businesses and
communities. They'll get judges who will outlaw birth control at
the same time they outlaw unions and the minimum wage.
It's nothing new, really. Most recently, the Saudi royal
family made a similar deal with their religious conservatives.
The oil barons gave the fundamentalists the power to enforce
their religious agenda, stacking the courts with fundamentalist
judges, who in turn acted as enforcers to preserve the oil
barons' political and economic power.
It worked for two generations, until the fundamentalists
became so powerful that they decided the oil money should be
theirs. The religious movement to take control of Saudi Arabia's
wealth was led by none other than Osama Bin Laden, who suggested
that oil should sell for $200 a barrel, with the proceeds
subsidizing evangelism around the world.
The House of Saud was appalled and threw him out of the
country, so he went back to Afghanistan and hooked up with the
Taliban, men after his own heart, and decided to take on the
power that he felt was propping up the royal family - America.
Thus the ultimate irony, that a radical Catholic speaker at
Sunday's telecast would complain that his bunch was perceived by
many as "America's Taliban." All while George W. Bush had moved
over a billion taxpayer dollars to churches through his "faith
based programs," and fundamentalists avoided paying billions in
taxes by promising to stay out of politics.
As Jefferson said in a June 5, 1824 letter to Major John
Cartwright, "What a conspiracy this, between Church and State!"
Frauds of the clergy in the Middle East brought us 9/11, an
explosion of Muslim conservativism, and a fourfold spike in
terrorist incidents worldwide, while enriching the Saudi oil and
Afghan heroin industries, and helping George W. Bush lead the
world to the brink of war.
The merger of corporatist Republicans and the new "frauds of
the clergy" could bring this nation to an even more terrible
crossroad, unless Americans of good conscience contact their
members of the Senate to support Jefferson's and Madison's ideal
of democracy.
The number to reach any member of the Senate is 202-224-3121.
Thom Hartmann (thom at thomhartmann.com) is a Project
Censored Award-winning best-selling author, and host of a
nationally syndicated daily progressive talk show and a morning
progressive talk show on
KPOJ in
Portland, Oregon.
www.thomhartmann.com His most recent books are "The
Last Hours of Ancient Sunlight," "Unequal
Protection," "We
The People," "The
Edison Gene", and "What
Would Jefferson Do?"