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Some persons, especially the extreme right-wing Republicans preach
that we must go back to the ways of the "Founding Fathers."
In particular, they want judges to ignore 220 years of progress
and history.
They desire to turn the calendar back to the politics
of 1787.
For conservatives, the myth is that somehow the Founding Fathers
were giants, better than we are today, smarter, more able, more
clever.
Above all, the conservatives argue that the Founding
Fathers were more "moral" than you or me.
They were like the
Olympian heroes of ancient mythology, at least according to our
conservative brethren.
But conservatives are always looking
backwards and not seeing very clearly.
They have problems coping
with present realities.
The conservatives want us to accede to those mythical heroes.
We are expected to abandon our own good sense and trust the
Founding Fathers' judgment over our own.
Of course, most rational persons realize that such political
mythology is sheer nonsense, but it begs the question, who were
the Founding Fathers and what makes them so great that they're
wiser than you are?
The term "Founding Fathers" is somewhat vague.
My dictionary
says that it didn't even come into use until about 1914.
It was
applied to the members of the Constitutional Convention
of 1787.
Our Constitution or what remains of it after 27 of the
most serious blunders have been corrected by amendments, rests
on the philosophy, genius, morality and ethics of the rather small
committee which concocted it.
We must look to those Founding
Fathers to see what kinds of guys they were that we should
surrender our good sense to theirs.
It's important to differentiate the Constitution that
the Founding Fathers cooked up from the Bill of Rights.
Today when we think of the protections of the American system,
we usually think of the shinning example of ethics and goodness
contained in the Bill of Rights.
These are the first ten
amendments to the Constitution.
They are primarily the work of
George Mason (1725-1792).
He would have been a Founding
Father because he was a delegate to the convention from Virginia,
but he refused to sign the Constitution.
He realized that it
failed to protect individual liberties and failed to oppose
slavery.
Mr. Mason lobbied against adoption of the Constitution just
as many of the Founding Fathers lobbied against the Bill of Rights.
Most of the Founding Fathers disapproved of giving ordinary
citizens such liberties as freedom of religion, freedom from
unreasonable search and torture, the right of free speech and
so forth.
In fact, when John Adams (1735-1826) was president
(1797-1801), he took away freedom of speech.
The Bill of Rights is really the people's voice against the
Founding Fathers; liberty against conformity.
Present-day conservatives and other right-wing fanatics insist
that we (and especially judges) revere the Founding Fathers,
sublimating our twenty-first century experience to their own.
I have
nothing against the Founding Fathers.
They weren't so bad, but
certainly not so good, either, about like conservative Republicans
today.
They certainly were NOT representative of the population
of the counrty, then or now.
If they represented anyone, it was
a mere 2% of the population.
- Number of women: 0
- Number of Native Americans: 0
- Number
of Hispanics: 0
- Number of Afro-Americans: 0
- Number of
poor persons: 0
- Number of indentured servants: 0
- Number
of Jews: 0
- Number of non-land owners: 0
- Number of Moslems:
0
- etc., etc.
None of those kinds of persons were considered important enough
(then or now) to have a real say in the Constitution or its
protections.
Our rather defective Constitution was patched together by the
1787 Constitutional Convention because the earlier Articles
of Confederation had flopped as a frame of government.
The
Articles of Confederation had been written by the rabble-rouser
John Dickenson (1732-1805).
Even though they failed as a sane
basis for a government, Dickenson was right back at the 1787
Constitutional Convention to try his hand again.
At least he
was smarter that George W. Bush and realized that one has to admit
errors and try again.
In 1786 only 9 years after the Articles of Confederation had
been tried, the old and powerful families of Virginia put together
a committee to meet with delegates from the other states in order
to design a better frame of government.
Rhode Island didn't care enough about it to send anybody, but
representatives from the other 12 states answered an invitation
issued by Alexander Hamilton (1755-1804), a bastard "and illegal
alien" living in New York.
Ranging in age from the 27 year-old
Jonathan Dayton (1760-1824) to the 82 year-old Benjamin Franklin (1706-1790) the convention
gathered in Philadelphia in May 1787.
Altogether, the individual states appointed 65 wealthy men to
be Founding Fathers,
ten of them didn't bother to show up at
the convention.
They had important work to do and, maybe a
manicure to schedule.
So a mere 55 well-to-do gentlemen stopped
by for grog and scones in Philadelphia during the summer of 1787.
Of those 55, only 39 Founding Fathers actually liked the
Constitution enough to sign it.
The other 16 visited the many
Philadelphia whorehouses and ambled back home.
Things might have turned out differently had Thomas Jefferson
(1743-1826) not been in Europe.
He was one of the few voices
of real civil liberty in American.
Here are the 39 much-revered
Founding Fathers who invented the Constitution, the guys we're
supposed to look up to, the guys judges are supposed to worship:
NAME Life Span | State Represented |
Personal Qualities |
Abraham Baldwin 1754-1807 | Georgia |
Born in Connecticut, religious fanatic, chaplain in
Revolutionary army, wealthy, teacher at Yale, lawyer in Georgia,
large slave owner, killed several, politician, representative
and senator. |
Richard Bassett 1745-1815 | Delaware |
Born in Maryland, revolutionary, captain in Revolution,
Christian crazy, Methodist bishop, US judge, politician,
senator. |
Gunning Bedford (Junor) 1747-1812 | Delaware |
Born in Philadelphia, unbalanced, manic, wealthy, lawyer,
US district judge. | John Blair 1732-1800 | Virgina |
Born in Virginia of a wealthy, prominent family, one of the
older delegates, owned and used many slaves, had black mistress,
a drinking buddy of George Washington, he made him one of the first Supreme Court justices,
he did nothing. |
William Blount 1749-1800 | North Carolina |
Born in North Carolina, greedy, crook, one of the founders
of Tennessee, owned slaves, expelled from the Senate, involved
in real estate swingles. |
David Brearl(e)y 1745-1790 | New Jersey |
Born in New Jersey, well off, judge in New Jersey Supreme
Court, bland and inconsequential. |
Jacob Broom 1752-1810 | Delaware |
Born in Delaware, surveyor, industrialist, used indentured
servants (slaves) to operate his cotton mill, big banker, quite
wealthy. | Pierce Butler 1744-1822 | South Carolina |
Born in Ireland, illegal alien, officer in British Army,
trader, married rich woman, wealthy planter, owned a great many
slaves, instrumental in Constitution's fugitive slave language,
senator. |
Daniel Carroll 1730-1796 | Maryland |
One of the oldest and wisest delegates, born in Maryland,
Catholic, married money, wrote the First Amendment to the
Constitution. |
George Clymer 1739-1813 | Pennsylvania |
Born in Philadelphia, signer of the Declaration of
Independence, rich, prosperous businessman, made money as federal
tax collector, treasurer of the Revolution, stole land from Indians
and treated with them, involved in fine arts and
agriculture. | Jonathan Dayton 1760-1824 | New Jersey |
Youngest delegate, born in New Jersey, captain in Revolution,
Dayton, Ohio named for him, politician, crook, representative,
senator, accused of treason in Arron Burr's (1756-1836) land swindle, empire plot. |
John Dickinson 1732-1805 | Delaware |
Born in Maryland, Philadelphia lawyer, rabble-rouser (a kind
of eighteenth century Abby Hoffman), author of the famous Farmers
Letters, wrote the Articles of Confederation, revolutionary,
general in Revolution. |
William Few 1748-1828 | Georgia |
Born in Maryland, grew up in North Carolina, moved to Georgia
and later New York City where he was inspector of prisons and
became an important banker, a vagabond, slave owner and breeder,
US circuit judge, grafter. | Thomas FitzSimmons 1741-1811 | Pennsylvania |
Born in Ireland, Catholic, illegal alien, wealthy, financier,
important businessman and merchant, banker with Alexander Hamilton,
Founder of Bank of North America and Insurance Company of North
America, member of the House. |
Benjamin Franklin 1706-1790 | Pennsylvania |
Born in Boston, oldest delegate, genius, womanizer, father
of several bastards including a governor of New Jersey, rapist,
sex with 15 year-old child, wealthy businessman and printer/publisher, inventor, spent 1/3
of his life in
Europe. | Nicholas Gilman 1755-1814 | New Hampshire |
Born in New Hampshire, captain in the Revolution, wondered
in very late for the convention when all the work was done,
mentally questionable, politician, representative and
senator. |
Nathaniel Gorhman 1758-1796 |
Mass- achusetts | Born in Massachusetts, businessman,
merchant, wealthy, President of the Continental Congress, land
speculator and swindler, with partner bought six million acres
in Western New York, over 9300 square miles, 17% of the
state. |
Alexander Hamilton 1755?-1804 | New York |
Bastard born to a penniless slut on Nevis, West Indies, illegal
alien, criminal, married money, daughter of General Philip
Schuyler, captain in the Revolution, profiteer, pompous, involved
in finance, killed by Aaron Burr (1757-1836) in an illegal duel. |
Jared Ingersoll 1749-1822 | Pennsylvania |
Born in Pennsylvania, important lawyer, otherwise not
much. |
| William Jackson | | The secretary of the
convention. |
Daniel of Saint Thomas Jenifer
1723-1790 | Maryland | Born in Maryland, an old
and wealthy land owner and slave owner. |
William Samuel Johnson 1727-1819 |
Connecticut | Born in Connecticut, British sympathizer,
suspected of treason and complicity, lawyer, member of state
supreme court, president of Columbia College, senator,
crook. |
Rufus King 1755-1827 | Mass- achusetts |
Born in what is now Maine, was then Massachusetts, pro British,
minister to Britain, lawyer, politician, anti-slavery, preferred
indentured servants, leader in forming Constitution, move to New
York, senator, upper class snob. |
John Langdon 1741-1819 | New Hampshire |
Born in New Hampshire, wealthy businessman and merchant,
disinterested in ordinary citizens, general in revolution, governor
of New Hampshire. |
William Livingston 1723-1790 | New Jersey |
One of the oldest and least bad of the delegates, liberal
pressed for freedom of speech and religion, born in New York,
officer in Revolution, prisoner of war, commander of New Jersey
militia, lawyer, publisher, editor, heavy drinker, womanizer,
first governor of New Jersey. | James Madison,
Jr. 1751-1836 | Virginia |
Born in Virginia of a wealthy and powerful family, widely
believed to be homosexual, "Father of the Constutution,"
slave breeder, importer and owner of many slaves, scholarly,
articulate, wealthy land owner and land speculator in Kentucky,
representative, secretary of state, fourth president of the United
states. |
James McHenry 1753-1816 | Maryland |
Illegal alien, born in Ireland, anti-British, doctor, well
educated, Revolutionary surgeon, private secretary to George
Washington, prisoner of war. | Thomas
Mifflin 1744-1800 | Pennsylvania |
Born in Philadelphia, Quaker turned warmonger, wealthy
businessman, industrialist, merchant, banker, politician, colonel
and general during Revolution, aide-de-camp to George Washington,
wisely turned against Washington, Governor of Pennsylvania, refused
to send militia to crush the Whiskey Rebellion. |
Gouverneur Morris 1752-1816 | Pennsylvania |
Born in New York of wealthy, important family, major
contributor to Connstitution, lawyer, pro-British turned
revolutionary, author of Pennsylvania Packet, etc., raised
money for Revolution, minister to France. |
Robert Morris 1734-1806 | Pennsylvania |
Born in England, businessman, importer, merchant, primary
financier of the Revolution, signed Declaration of Independence
and Articles of Confederation, financial manipulator, fiddled
with government finances to favor the wealthy and land owners,
speculator, went bankrupt. | William Paterson 1745-1806 | New
Jersey |
Born in Ireland, lawyer, wealthy, governor of New Jersey,
Senator, appointed justice of the Supreme Court as a reward by
George Washington, decided that federal law supercedes state
law and that courts are final say on constitutionality of
laws. |
Charles Pinckney 1757-1824 | South Carolina |
Born in South Carolina, younger cousin of Charles Colesworth
Pinckney, large slave trader, lawyer, lieutenant in Revolution,
prisoner of war, important in forming the Constitution, governor
of South Carolina, senator, became a liberal. |
Charles Cotesworth Pinckney 1746-1825 | South
Carolina | Born in South Carolina of a prominent family,
elder cousin of Charles Pinckney, educated in England, Oxford,
lawyer, slave breeder and importer, Revolutionary officer, prisoner
of war, prominent in drafting Constitution, strongly advocated
separation of church and state, wanted senators to serve without
pay. |
George Read 1733-1798 | Delaware |
Born in Maryland, moved to Philadelphia and Delaware, lawyer,
wealthy, at first opposed independence, signed Declaration of
Independence, founded US Navy, favored land owners, United States
judge, Chief Justice of Delaware, senator. |
John Rutledge 1739-1800 | South Carolina |
Born in South Carolina, large slave owner and importer,
disliked common man, opposed democracy and freedoms, governor
of South Carolina, made justice of Supreme Court, quit, made Chief
Justice. |
Rodger Sherman 1721-1793 | Connecticut |
Born in Massachusetts, one of oldest and most moderate
delegate, farmer, shoemaker, shopkeeper, surveyor, self-schooled,
signed Declaration of Independence and Articles of Confederation,
wrote almanacs, politician, judge, representative. |
Richard Dobbs Spaight 1758-1802 | North Carolina
| Born in North Carolina, sent to Ireland at eight as an
orphan, notorious, politician, Governor of North Carolina,
representative. |
George Washington 1732-1799 | Virginia |
Born in Virginia, surveyor, military officer, blundering
general, brewer, drunk, married money, suspected of homosexuality,
slave owner, pompous, great accomplishment: getting his picture
on the $1 bill. |
Hugh Williamson 1735-1819 | North Carolina |
Scientist, doctor, educated in Edinburgh and London, taught
mathematics at what is now University of Pennsylvania, writer,
published essay on comets. |
James Wilson 1742-1798 | Pennsylvania |
Born in Scotland, illegal alien, lawyer, instrumental in
planing the Revolution, strong supporter of democracy and the
common man, wanted senators elected by direct vote (as it is now
done), land speculator, jailed for debts, justice of the Supreme
Court. |
| You/Me | | None of the above! |
If you wonder why there are so many problems with American
politics, look at how many of these guys were lawyers.
How many of these sterling Founding Fathers have you ever heard
of before? and you are supposed to follow them blindly?
Which ones
represent you or the way you live or think?
Conservatives who
want you to obey these Founding Fathers have very strange morality
and don't know what they're talking about.
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"I have opinions of my own - strong
opinions, but I don't always agree with them" George W. Bush,
2004
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