By Bob Bird
We are fast approaching the decennial vote, “Shall there be a constitutional convention?” Lately, the radical left has become quite worried about the so-called “con-con.”
They have admitted as such with a loud and firm opposition to a “Yes” vote, as seen by a resolution within the state’s Democratic Party. Personally, I hope their worries are well-founded. A convention, if it was controlled by an authentic representation of the people, would likely modify the currently over-praised “model constitution” of the state’s 1955 convention towards a more conservative direction.
For those worried about a Leftist control of some future convention, it has already happened. Much of what we now have came as a result of the Rockefeller-created offshoot of the University of Chicago, the Public Administration Service, or PAS. They were solicited for a template constitution and, with aging FDR New Dealers invited to observe, advise and speak at the ’55 confab, gave us what we now have.
If the PFD is “constitutionalized,” it would certainly be welcome. But overlooked is the far more troubling aspect of the Judicial Council. Without reform, we would continue with the false paradigm, currently believed because of constitutional ignorance, that “the constitution means whatever the supreme courts says.”
Had we ever elected a true conservative governor who understood that the judiciary is intentionally designed to be the weakest of the so-called “co-equal branches of government”, we never would have had half of the crises the courts have created. This is because, like found in Federalist #78, our own state constitution says, “The jurisdiction of the courts shall be prescribed by law.” But it now practically reads, “The jurisdiction of the legislature shall only be permitted when approved by the judiciary.”
We really shouldn’t need to write it into the constitution, but it wouldn’t hurt to have it proclaim:
“[The judiciary] is to be the least influential of all branches of government and is to adjudicate only between contending parties. Its decisions will be only as effective as the willingness of the Governor to enforce any decision. The executive will reserve the right to review any and all decisions in regards to conformity with natural, constitutional, statutory and common law.
“Any interpretation of this constitution by the judiciary, or the statutes written by the Legislature, shall be merely their own, and applicatory only to the contending parties upon executive concurrence, and not to the legislature, executive or the people.
“The executive shall have the power of interpretation by refusal to enforce a law or judicial decision.”
Abe Lincoln in his first inaugural address said, “The candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court … the people will have ceased to be their own rulers, having … practically resigned their Government into the hands of [the judiciary].”
The Legislature needs to work out beforehand an agreeable statute for the selection of convention delegates. If delegates are to be chosen through the shopworn method of campaigning, then money, advertising, name recognition and corporate interests would prevail. Delegates should never be sitting legislators, and if retired, then past age 65. If chosen by the precinct method, whereby something akin to a “townhall meeting” takes place, a more authentic voice of the people would be possible.
As things stand right now, if we actually had an executive and Legislature with correct constitutional awareness, and a spine to go with it, the only remedial work that would need to be done, would be to address federal overreach into our sub-standard statehood. To put it briefly, most federal properties are arguably unconstitutional. Released from the Lower 48’s Green Lobby control over our resources, Alaska might begin to stabilize its economy away from the “boom-and-bust” syndrome, plus develop its own food security.
But the federal government has always done its best to avoid that. One need only look at our history to prove it.
• Bob Bird is a radio talk-show host at KSRM in Kenai and recently debated the constitutional convention issue with John Coghill. Columns, My Turns and Letters to the Editor represent the view of the author, not the view of the Juneau Empire. Have something to say? Here’s how to submit a My Turn or letter.
