Change, and so forth

Having finished The Conscience of a Liberal, about which, as it turns out, I didn't have a lot to say, I have started reading a collection of writings by Thomas Paine. This is a really interesting read, not least because the text preserves the irregular typography used in Paine's day. According to the book's introduction, Paine was the first vocal abolitionist in the United States. I know that later on he has some unfriendly comments about organized religion, which I look forward to. Currently I'm making my way through Common Sense, in which Paine makes some good points about the British system of government.

"I draw my idea of the form of government from a principle in nature which no art can overturn, viz. that the more simple any thing is, the less liable it is to be disordered, and the easier repaired when disordered; and with this maxim in view I offer a few remarks and the so much boasted constitution of England. That it was noble for the dark and slavish times in which it was erected, is granted. When the world was overrun with tyranny the least remove therefrom was a glorious rescue. But that it is imperfect, subject to convulsion, and incapable of producing what it seems to promise, is easily demonstrated."

You could say substantially the same thing about the U.S. Constitution today. It was a great improvement over the political system under which the founders had lived in colonial days, but after 220 years, there is room for substantial revision. After the appalling disregard for the Constitution on display during the George Bush's terms in office, now is as good a time as any to improve and modernize our system. The mantra in the election last year was 'change,' and though it's not clear what most people used to fill in that vague campaign slogan, to me it meant making the government more transparent and accountable.

I think we need not merely checks and balances but a strong and independent oversight mechanism in all areas of government. Paul Krugman cited the Works Progress Administration, which despite its reputation as a make-work boondoggle is known to historians as one of the least corrupt government initiatives in national history. If the Constitution had strict disclosure requirements and established ombudsmen in all three branches of government, it could restore public trust.

While we're modifying the Constitution, we should add an explicit protection of the right to privacy. The Supreme Court's jurisprudence on privacy issues is convoluted, in part because there is no language in the Constitution describing the extent of a citizen's right to privacy. The Court relies on the wording of the Fourth and Fifth Amendments and the notion of unenumerated rights protected in the Ninth Amendment to inform its understanding of privacy. We've waited too long in adding some definitive language to the Constitution. The men who wrote the Constitution put in an amendment mechanism for a reason, and we should take advantage of that.