Will We Get Fooled (Again)?

There was no question that the old constitution from Gen. Augusto Pinochet, who seized power from socialist Salvador Allende, had to go, and who better than former student activist, 36-year-old leftist president Gabriel Boric, to create a glorious new Constitution that would change everything.

Chilean voters rejected a 170-page, 388-article proposal that would have legalized abortion, mandated universal health care, required gender parity in government, given Indigenous groups greater autonomy, empowered labor unions, strengthened regulations on mining and granted rights to nature and animals.

In total, it would have enshrined over 100 rights into Chile’s national charter, more than any other constitution in the world, including the right to housing, education, clean air, water, food, sanitation, internet access, retirement benefits, free legal advice and care “from birth to death.”

And it would have eliminated the Senate, strengthened regional governments and allowed Chilean presidents to run for a second consecutive term.

The text included commitments to fight climate change and protect Chileans’ right to choose their own identity “in all its dimensions and manifestations, including sexual characteristics, gender identities and expressions.”

Any of these “rights” sound familiar? Of course they do, as the earth is flat, the internet is everywhere and the elite of Chile aren’t much different than our elite, The voters of Chile, however, didn’t adore this effort to turn Chile into a woke Utopia. They overwhelmingly rejected the Constitution by 62%. Three years down the tubes, because Chile still needs a constitution. The New York Times thought Chile’s effort to be pretty darn sweet.

The proposal’s sweeping ambition, and decidedly leftist slant, turned off many Chileans, including many who previously had voted to replace the current text. There was widespread uncertainty about its implications and cost, some of which was fueled by misleading information, including claims that it would have banned homeownership and that abortion would have been allowed in the ninth month of pregnancy.

Economists expected the proposed changes to cost from 9 percent to 14 percent of Chile’s $317 billion gross domestic product. The country has long been one of the lowest relative spenders on public services among major democracies.

But there was one far more curious piece to the new constitution, making Chile into a “plurinational” state.

That meant 11 Indigenous groups, which account for nearly 13 percent of the population, could have been recognized as their own nations within the country, with their own governing structures and court systems. The proposal became a centerpiece of the campaign to reject the charter.

With so many “ambitious” changes, it would be hard to know what, if anything, was successful and what, if anything, failed had this Constitution been approved. It would have been good for the rest of the world to watch this experiment happen in Chile, so that it could be watched from a distance and parsed for ideas that worked. After all, how many times can the retort be “real communism was never tried” as a riposte to seeking a system that has produced more death and misery than any other. But alas, the people of Chile refuse to be  political guinea pigs.

There has been a soft push for some time on the right for the states to call for a Constitutional Convention.

Elements on the right have for years been waging a quiet but concerted campaign to convene a gathering to consider changes to the Constitution. They hope to take advantage of a never-used aspect of Article V, which says in part that Congress, “on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments.”

Sure, the Constitution can (and has) been amended, but it’s a slog. For the ambitious right, a wholesale reinvention of the Constitution to impose the simplistic inflexible limits that make total sense to people whose deepest thoughts fit on bumper stickers.

“We need to channel the energy to restore and reclaim this country’s traditional values and founding principles of limited government closest to the people and individual freedom and responsibility,” Rick Santorum, the former Republican senator from Pennsylvania who has become a convention champion, told a conservative conference this spring in the state.

But these fiscal conservatives believe that they can hold a constitutional convention, but at the same time limit it to matters of fiscal policy. As if they wouldn’t try to sneak in something about abortion or education when they thought no one was looking. Former Wisconsin senator, Russ Feingold, with whom I haven’t agreed much since he took over the American Constitution Society, correctly raises an objection.

But Mr. Feingold and his co-author, the constitutional scholar Peter Prindiville, say the problem is that there is no certainty that the convention could be forced to stick to a defined agenda. They say that a “runaway” proceeding would be a distinct possibility, with delegates seizing the opportunity to promote wholesale changes in the founding document and veer into areas where they would seek to restrict federal power governing the environment, education and health care, among other issues.

“A convention by its very definition is a free-standing, distinct constitutional body,” Mr. Prindiville said. “It would be the ultimate high-risk gathering.”

And here’s where it gets really scary.

But support and opposition for a convention do not break completely along partisan lines. Some Republicans have resisted appeals at the state level to pass resolutions in support of a convention, worried that such a gathering could open the door to a weakening of the Second Amendment and a rollback of gun rights.

And some liberals have welcomed the idea of a convention as a way to modernize the Constitution and win changes in the makeup and power of the Supreme Court, ensure abortion rights, impose campaign finance limits and find ways to approach 21st-century problems such as climate change.

“There are smart people and a few on the progressive side who are willing to roll the dice,” Mr. Feingold said. “For me, it is crazy to take the chance.”

Both right and left, Feingold notwithstanding, fantasize that they are the majority, that they are so obviously right that a nation will back their desires and that they will be the beloved Founding People Who Gave Birth To A Nation People for whom statues will be built and elementary schools will be named. And as if this couldn’t get any scarier, there are a few things that both right and left are largely in agreement about, even if their reasons are different. Like the First Amendment.

Chile will have to scramble to put together a functional Constitution to undo the damage of Pinochet without falling into the woke hole. Perhaps they should consider adopting the United States Constitution. It’s worked pretty darn well for us for more than a couple centuries. In fact, it’s so darn good that even the idiots and nutjobs on the right and left get to have their say, dangerous though it may be.


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14 thoughts on “Will We Get Fooled (Again)?

  1. Hal

    I read Feingold’s pc and was surprised that he felt there was some genuine likelihood of 34 states voting for a Constitutional convention. While not impossible, the chance of this happening seems vanishingly low to me. Perhaps there’s a greater chance I appreciate, but 34 states present quite a hurdle to overcome.

    1. SHG Post author

      What are the chances that Feingold is asking himself, “I wonder whether Hal thinks this could happen?” If not Feingold, the rest of us?

      1. Hal

        You have, perhaps inadvertently, put your finger on one of the most daunting problems confronting our democracy. This is the failure, of so many people, to think Halcentrically. It’s pervasive, pernicious, and like the chances of a Constitutional convention being held any time soon, unlikely to change.

  2. Paleo

    My oldest did a semester in Chile a decade or so ago. We visited for a week when she was there and we (and she) loved it. A beautiful country with nice people in it.

    She wanted Spanish speaking and I helped her choose Chile because it was so safe and stable. Under the “Pinochet” constitution Chile was generally the most stable and economically successful country down there. I don’t know what it has in it, but there’s an argument to leave well enough alone. I can’t tell you how pleased I am that the woke socialists won’t be able to ruin the place.

    And I’m out of things to say about how dumb the NYT is.

    You’re right about our constitution too. Don’t let the zealots anywhere near it. I know the progressives want to get rid of the unfair Senate and electoral college. I don’t know what Santorum specifically wants. But you can bet that either side, right or left, has something that we’re free to do that they want to make us stop. They’ll use it to tell us what to do. No thanks.

  3. Hunting Guy

    19 states passed a Convention of States application.

    6 states passed the application in one chamber but it failed in the second chamber.

    I really don’t see the chances of a convention being very high. I think the U. S. Voters are at least as smart as Chileans. I hope so, anyway.

    However….

    H L Menken.

    “No one ever went broke underestimating the intelligence of the American public.”

  4. Larry Pfaff

    Good, thoughtful piece! But the last three sentences made reading it worthwhile, especially your very last sentence: “ In fact, it’s so darn good that even the idiots and nutjobs on the right and left get to have their say, dangerous though it may be.” You, Sir, have started my Labor Day with a smile.

  5. B. McLeod

    We could have a convention, a vote and a new constitution, but the first time a majority of justices didn’t like something, it would be gone. Since the courts have taken on themselves amendatory powers, and conventions are relatively difficult, the voters will never get the constitution back from the elitists.

      1. LY

        How? The last one didn’t seem to stop them. Relatively easy to find things in the “emanations and penumbras” if you want to enough.

  6. rxc

    As part of my entry into the Federal bureaucracy I got a 3 day lesson on the federal legislative process. It includes a few hours about the Constitution, and the thing that stuck with me most was the explanation that the Constitution was explicitly designed to make it hard for the government to take any action without a wide consensus amont the states and the people. And the fact that it tries to specifically explain what the government is permitted to do, reserving everything else to the states, or to the people.

    Sounds like the proposed Chilean constitution was a laundry list of rights guaranteed to the people, including an obligation to the government to provide those “rights”. Much like the first EU constitution, which similarly failed, in 3 different EU countries.

    Activists seem to hate our form of Constitution, because it makes it hard for them to “adjust” it, by design. They prefer something that gives them a better opportunity to force change. They would re-write our constitution to be more like the EU/Chilean version, with lots of guaranteed goodies and no limits on the power of the mob. Not a good thing. And I think that this is what is keeping the Article V convention from happening. None of the politicians can say, in any definitive way, that the mob would not get out of control and do stuff they don’t want.

    There are lots of reasons why we have problems with people breaking down our doors to get IN, and none to keep them from leaving. I think that our Constitutions is at the top of that list of reasons.

  7. Rob McMillin

    Activists hate our Constitution because it thwarts their utopian impulses, which strangely always require armies of policemen to institute. That is, they are of the opinion that the French Revolution never really failed, but that the people failed it.

    1. cthulhu

      “Would it not in that case be simpler for the government to dissolve the people and elect another?”

      Berthold Brecht, “The Solution” (written in mid-1953 after the East German uprisings, but not published until 1959 in a…wait for it…West German publication)

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