-Caveat Lector-

>From www.counterpunch.com

>>>Begin Article<<<
Chronicles of Nutty Leftism:
"Tear Up The Constitution!"
"The US Constitution's great gift to the cause of international democracy is
contained in its first three words. The rest of it can go.... Checks and
balances, separation of powers, and the rest would have to defend themselves in
the court of democratic opinion, something they have never had to do since
ratification. All would be considered guilty until proven innocent." Thus
Daniel Lazare, a well-known leftist writer.
You can find the latest edition of Lazare's suggested itinerary towards a
socialist America in the October Harper's, under the title "Your Constitution
Is Killing You -- A Reconsideration of the Right to Bear Arms," where he
invites us to face what he regards as the obvious connection between 240
million guns and "the increase of violence in our culture." Lazare regards
anyone who does not connect these two "facts" as a person "determined to avoid"
something utterly true. This supposed increase in violence is established by
evocation of the killings at Columbine High, and a kindred episode in Conyers,
Georgia shortly thereafter, with "crazed day traders and resentful adolescents
mowing down large numbers of their fellow citizens every few weeks."
If we are to believe Lazare these killers come to us courtesy of a "messy and
unruly...pre-modern pre-modern" constitution that obstructs the "neat and
orderly" society desired by all good liberals. Because of the regrettable
reverence in which this same constitution is held, "we" are forced to stand
"helplessly by while ordinary people are gunned down by a succession of heavily
armed maniacs". CounterPunch is not sure who the "we" is here. The time we most
vividly remember as an occasion for standing helplessly by while ordinary
people were gunned down by heavily armed maniacs was when we all watched the
Branch Davidians burn. And later we had to watch the federal building in
Oklahoma City crumbling into rubble in revenge. Should we ban fertiliser and
rent-a-trucks?
As we shall see, Lazare has an agenda which he does not disclose to the genteel
readers of Harpers, but let us stay for a moment with his premise that random
acts of bloodstained violence derive from the right to bear arms, protected by
the Second Amendment. After all, it wasn't until the late l960s that the state -
- perturbed by civic commotion and the specter of black power -- began its
first effort in many decades to impose any conditions on gun ownership. Why
wasn't the Second Amendment creating Columbines in the l950s, when kids would
take guns to school because they were going to ROTC class later in the day? One
could more convincingly connect the 240 million guns and the culture of
violence to the vast military adventures of the past 60 years, to the training
and deployment of lethal force by the state, guarding its interests abroad and
at home.
But in fact we're not sure whether Lazare is truly interested in gun control,
as anything other than a fulcrum for heaving the whole constitution into the
trashcan. He takes good care in his Harper's essay to emphasize that liberal
revisionist attempts to exclude an individual's right to bear arms from the
Second Amendment are no longer sustainable and that the tide of modern
constitutional scholarship has flowed strongly toward the views of the gun
owners. To get rid of the Second Amendment, he says, you have to attack the
constitution full bore. To understand Lazare's strategy we have to go back to
another essay, published in New Left Review, where we find the excited phrases
quoted in our first paragraph.
Lazare's theme here is that we are presently enduring "a growing crisis of
American democracy", a phrase which remindeds us of a kindred "crisis of
democracy" detected a generation ago by scholars in the pay of Nelson
Rockefeller. Indeed, Lazare cites one of these same scholars, Sam Huntington,
as the authority for the notion that it was the Puritans who transported across
the Atlantic these pre-modern, messy checks, balances and separation of powers
that obstruct the untrammeled exercise of popular sovereignty. Lazare should
have remembered that Huntington was one of the intellectuals who dreamed up the
strategic hamlets strategy in the Vietnam war, and that it takes just that sort
of mindset to think that the constitution was shipped over in a container from
eighteenth century England.
"Separation of powers" and "checks and balances" described something very
different than the baggage brought along by Puritans intent on establishing a
church-state based on covenant theology. The phrases described two centuries of
American political experience in the ambit of British power, French power,
Spanish power, Iroquois power, Cherokee power, thirteen colonies -- with most
colonies divided into Eastern and Western factions. This long experience is
what the constitution embodies. And this is a different experience from the
English, or the French or the Italian, just as those experiences differ from
each other. But Lazare regrets this! How he casts envious eyes at the
constitutional modernity of Western Europe! How he despises even the Bill of
Rights (at which English constitutional reformers constantly cast envious
glances) as either "embarassing", "irrelevant" or "hopelessly obscure". In the
latter instance he refers to the ninth amendment which most splendidly declares
that liberty is not restricted to the freedoms guaranteed in previous
amendments.
To Lazare, the messy constitution has been a bar to socialism, whose properties
he mostly seems to conceive of in terms of "efficiency" , a quality similarly
revered by the New Dealers who imported much of their modernity from
Mussolini's Italy. Lazare reserves some of his haughtiest jibes for "localism".
He bristles with contempt for America's "83,000 local governments, everything
from city councils and school boards to such exotica as library boards... All
are elected, all are largely autonomous, and all are intensely jealous of their
ancient constitutional liberties".
Lazare's equally overweening about "well-heeled civil-liberties professionals"
who incur his insults for somehow distracting revolutionary energies from the
task of properly democratising the political structure. Has he any idea how
hard public defenders,the infantry of this "vast US civil establishment" work;
how few they are? You'd think the ACLU, the National Lawyers' Guild and the
Center for Constitutional Rights were infested by as many billionaires as
Forbes' annual list of capitalist titans. But then, Lazare has no time for any
discussion of capitalism, reserving his abuse purely for the constitution which
he apparently takes to be capitalism's surrogate and essential expression.
Let us leave Lazare, for the time being, amid this contradiction. For him, as
for many leftists or liberals, the American political landscape is a place of
terror, infested by heavily armed, pre-modern barbarians. Yet he simultaneously
yearns for a convention that would place the entire constitution and amendments
under review. What does he think the balance of forces is in our society in on
the edge of the millennium? And if he trusts the masses, why does he
simultaneously so fear and despise them?

>>>End article<<<

At Amazon.CoM (among other places) one can find some of Lazare's books:

http://www.amazon.com/exec/obidos/ASIN/0156004941/qid=938732288/sr=1-2/002-
2264735-8459868

The Frozen Republic : America and Its Ancient Consititution
Daniel Lazare / Hardcover / Published 1996

The Frozen Republic : How the Constitution Is Paralyzing Democracy
Daniel Lazare / Paperback / Published 1997



>>>End Article<<<

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