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Chris Rock, a popular constitutionalist for the age of Trump
Guest Blogger
Miguel Schor
Chris Rock, in a monologue on Saturday Night
Live this past weekend, gave a takedown of our constitutional order fit for the
age of Donald Trump. Americans unhappy with their political-constitutional
order usually reserve their anger for politicians, not the Constitution itself.
When large numbers of citizens become angry about their Constitution, however,
nations face a reckoning. Popular constitutionalism can sometimes drive
constitutional change.
It is perhaps fitting that in our social media
driven political environment, we need a comedian to explain to us what the heck
is going wrong. Chris Rock’s monologue was an astute and amusing critique of
our constitutional order that made three points the framers took seriously and
which we should as well.
The first flows from the Declaration of
Independence. Citizens have the right to alter or abolish their government when
it undermines or destroys their right to happiness. Revolutions start in the unlikeliest
of places as Chris Rock points out. Covid-19 has forced people to stay home and
they are rethinking their relationships to one another. Divorce rates are
skyrocketing. Americans, Chris Rock argues, should also rethink through their
relationship with a government that cannot take care of their health or other
basic needs during this pandemic.
The second flows from the Presidency. The framers
made removal from office virtually impossible. Chris Rock slyly pointed out
that no one would ever hire a cook for four years who could not be fired even
though his food made you ill daily.
The framers decided that the only
qualifications for the office of the presidency was to be a natural born
citizen, 35 years of age, and 14 years a resident of the United States. The
electoral college was supposed to ensure that we never hired an incompetent
cook to run the nation. The framers had a term for a dangerously incompetent
cook and that is a demagogue. The electoral college was designed to prevent a
demagogue from becoming president because the electors were supposed to be
people with political expertise unlikely to make terrible mistakes. The
electoral college, though, collapsed as a presidential filtration device during
the early American Republic and now merely serves as a vote counting mechanism.
Political parties took over the role of ensuring that we do not elect a
demagogue as president but the days of party insiders making decisions ended
with reforms the two political parties undertook following the 1968 Democratic
convention. After four years of having a cook who is making the nation
literally ill with the worst response to Covid-19 of any advanced democracy in
the world, it is time that we rethink the qualifications needed to be the
President of the United States.
The third flows from a central concern of the
framers which was the problem of corruption. We fix corruption by electing a
government that represents the people. As Chris Rock points out, the connection
between voters and government becomes weakened when disparities in income and
wealth become too great, when representatives effectively have life time jobs,
and elections are operated in ways that suppress the vote of ordinary citizens.