THE RHODE ISLAND CONSTITUTION

The last time I wrote on this topic, I reported that the situation of personal liberties under the Rhode Island Constitution was limited. While the document purports to grant various rights and freedoms, the Rhode Island Supreme Court through various opinions has limited the scope and application of those provisions.

As I wrote before, former Supreme Court Justice Flanders was very active at that time attempting to sound a call to action to allow for these constitutional rights to be enforced by anyone impacted, however, such calls seemed to have subsided as he now focuses on education in Rhode Island and the reality is that the party will go on as usual.

The idea that a constitution fixes rights but only allows them to be claimed if specific legislative action allows for an individual to bring action seems on its face a ludicrous position, but such is the case.

Given Rhode Island’s historical development as a state government, this interpretation of law is not so far fetched, but it is certainly dated. Still, since the near omnipotent legislature controls the gates, it is beyond the average citizen to gain entry. This is bad policy in this day and age, but enough said.

The Rhode Island Constitution is in itself an interesting document. It is not a verbose text. It is quite clear and to the point on several areas and it has a reasonable provision for its amending. The problem is that the people governed by that document haven’t the slightest clue as to how it interacts in their very existence.

Far be it from me to attempt to educate the public on this matter. I have tilted at that windmill for over two decades. I have worked the mines of public edification only to come up with a mere handful of fool's gold.

The people get a government they desire and one they deserve. While I do not personally agree with the people who enjoy the status quo, until the public can muster enough support to make something different a reality, it will continue to exist, much to my consternation.

There have been various constitutional conventions, most of which were really puppet shows in which the legislature played a significant role behind the scenes. Many elected as delegates were thinly veiled representatives of the legislator in the district being represented at the convention.

Additionally, on several occasions there has been a rejection of the ballot referendum that would call a constitutional convention. I suspect that much of this was the work of special interests and lobbyists who have much to preserve by keeping this system as it is.

The fact is that if the people aren’t bright enough to get out of the rain, why spend time trying to sell them umbrellas? Even in the times that presently exist, with a full blown budget crisis, the people are living in ignorance. The only time that there was ever a near revolt was when people were personally short-changed by credit unions. This shows that people really do not care for the system, they care about themselves.

Until the people of Rhode Island wake up and demand constitutional changes that would create a more functional government, the situation will not improve. Electing a new face does not alter the underlying structural problems of Rhode Island government.

The reality is that structural reform is needed, but the reality also is that it will never occur. The powers that be have no real interest in relinquishing control for the betterment of the state. A true constitutional convention, with real reform, would be the perfect physic for Rhode Island. The likelihood, however, is zero.