The grief and anguish after Dallas

Preparing to mend Fort McHenry flag, Courtesy Library of Congress
What more is there to offer amid the voluble discourse of this sad week, when violence took the place of order and justice?  The United States: will the terrorism of Charleston and Orlando diminish them?  Will we descend to the habit of a shrug when children are murdered in our schools, when movie-goers are gunned down in a theater, when a cafeteria worker is shot to death in the middle of a routine traffic stop, when a sniper decides to channel his anger into killing police officers?

Sadly, we may grow indifferent if the spiral of unjustified violence continues much longer. We may shun the news for fear of having to look at the latest, outrageous use of quick-murdering guns. We may all cease to bat an eye at the latest victims, the latest place when guns were used to sort out human conflicts that deserved to be aired in the courts. And when that happens, we will have lost the semblance of unity that has kept us going until now. We will be just another war-torn country, with battle-lines too subtle to stay on the right side of.

Congress, endlessly preoccupied with the 2nd Amendment, has forgotten the larger purposes that, according to the Constitution, justify our federal government, particularly its charge to ‘insure domestic Tranquility’ and ‘promote the general Welfare.’  Will Congress act, in whatever ways it sees fit, to promote the internal peace and safety that Americans of all races crave, and that, by right, we are all entitled to expect?  Or will Congress forget its obligation to the nation, its members cravenly priding themselves on dedication to some lesser cause or party?

Changes in law are needed, but America also needs something more that’s harder.  Americans need to look into their hearts and examine whether they are living up to the potentialities of our civic culture, a culture that has allowed us to dwell with one another in a relatively open and unfettered way.  Americans need to recall the great civil tradition that has inspired generations to grow into a society where people who differ from one another nonetheless co-exist, enjoying ‘the blessings of Liberty’ and fitfully recognizing in one another our mutual humanity.  We have striven according to an Americanness that is deeper than either religion or skin.  This cultural effort will be imperfect always, but without it we will be condemned to grieve forever, anguishing over the most precious republican virtue lost.

Image: from this source.

Advertisements

Why not challenge the constitutionality of Illinois’s pension-protection clause?

pensions-photo
Illinois citizens are expected to sit tight as the cost of meeting state and local pension obligations brings their government ever nearer to bankruptcy.  Everyday, we hear of a new head-ache: how our property-taxes are likely to begin sky-rocketing, or how short-term borrowing to pay pensions will soon destroy Chicago’s bond rating, and how people are leaving the state to avoid being stuck with the costs when the looming disaster of all-out bankruptcy finally arrives.  Yet no matter how painful to the citizenry, our government must rake together the money for public-pension obligations that are burgeoning.

All because a section of the Illinois constitution stipulates that, no matter what, one class of Illinois citizens can count on protections that no others can: the benefits of belonging to a state pension system must not be diminished or impaired.  In the service of this constitutional provision, the state may be driven into bankruptcy and the rest of the population held forever accountable for promises that by-gone politicians irresponsibly made.  The needs of ordinary citizens are being choked off so that those of lawmakers and public workers may be fulfilled.

The power of the legislature to pass laws conferring benefits on themselves and other public workers is difficult to limit.  The pension ‘system’ in Illinois is an irrational bricolage of myriad laws passed over the decades.  The Chicago Tribune has described it as a “convoluted mess of provisions riddled with giveaways, funding flaws, excessive borrowing, and pension holidays.”  The pension code is organic in the sense that’s easy to add to, but any benefit, once added, is virtually impossible to take away.

Consequently, the state’s pension system is an unholy mix of the good, the bad, and the ugly.  It pays pensions to convicted felons like Jon Burge and to brazen scoundrels who had the luck to head up our towns and public universities.  It pays millions of dollars in benefits to cagey officials who correctly perceived the advantages of ‘double-dipping.’  The fact that citizens are powerless to curb the excesses of the pension system feeds hostility to it, to the detriment of many decent and deserving public employees.

Why not take a page from the four Virginians who have mounted a potentially game-changing challenge to the Affordable Care Act by questioning the meaning of just one of its phrases?  Should the public welfare of Illinois be sacrificed to secure the well-being of one special class in perpetuity?  In fact, the pension provision defines a special class of citizens in terms of their distinctive relationship to the state and then confers unassailable privileges on them.  How can this be constitutional?

 Membership in any pension or retirement system of the
State, any unit of local government or school district, or
any agency or instrumentality thereof, shall be an
enforceable contractual relationship, the benefits of which
shall not be diminished or impaired.

As matters stand, the pension provision has become the yardstick against which any pension-reform legislation must be fearfully measured.  Sensible legislation has been struck down while legality of this patently odious and inegalitarian provision has gone challenged.  Illinois citizens should stand up and challenge the constitutionality of the pension provision itself.  A requirement that leads to such unfair and destructive outcomes is an affront to the larger purpose of government.  Does it really trump every other principle of constitutional law?

Given the urgency of Illinois’s fiscal condition, this question should be engaging the state’s best legal minds.

RELATED
Susan Barsy, “The Pension Stand-Off in Illinois”