Skip to content
Search

Latest Stories

Follow Us:
Top Stories

It’s our turn to form a more perfect union

Constitutional Convention

It's up to us to improve on what the framers gave us at the Constitutional Convention.

Hulton Archive/Getty Images

Sturner is the author of “ Fairness Matters,” and managing partner of Entourage Effect Capital.

This is the third entry in the “Fairness Matters” series, examining structural problems with the current political systems, critical policies issues that are going unaddressed and the state of the 2024 election.

The Preamble to the Constitution reads:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

What troubles me deeply about the politics industry today is that it feels like we have lost our grasp on those immortal words.


Back in June 2023, on Fairness Matters, I wrote:

We are getting dangerously close to ending the American experiment. The United States of America was founded — not to unify people around ethnicity, religion or culture — but as a bold experiment designed to create a society governed by ordinary citizens, one that gives full expression to the ideals of liberty, justice and opportunity for all. In its time it was a truly audacious idea. … Sadly, they couldn’t have predicted the modern world we’re living in and never anticipated that their Constitution would still be governing our lives.
Writing from Paris just after the French Revolution broke out, Thomas Jefferson argued to James Madison, the primary author of the Constitution, that the Constitution should expire after 19 years and must be renewed if it is not to become “ an act of force and not of right.” That sentiment was echoed at the Constitutional Convention by George Washingto who said: "I do not expect the Constitution to last for more than 20 years."

The Constitution derives its power from the majority consent of the governed. So, at the end of the day, if our representatives choose to ignore the Constitution or act in defiance of it, our only recourse is to hold them accountable. But what happens when one branch of government acts and there is no accountability?

Constitutional checks and balances

Back in 2015, Kevin Kosar, a conservative writer, published an interesting article titled “ Why does Congress diminish itself.” He wrote:

“The Founding Fathers set up Congress as the most powerful of the three branches. Per the U.S. Constitution, Congress possesses “ all legislative power.” This includes the most fundamental tools of governance and state-building, such as laying and collecting taxes, coining money and regulating its value and deciding what persons may join the nation as citizens. …
The Founders erected a remarkable system of government. Ambition must be made to counteract ambition, in Madison’s famous dictum, and each branch would defend its powers from encroachment. Unfortunately, Congress has not worked that way for at least a half-century. In the pursuit of other goals, Congress has weakened itself as an institution and representative government as a whole.”

But it’s not just Congress that has weakened itself. In writing about the Constitutionin June 2023, I explained the brilliance of our Founding Fathers in how they structured our system of government:

"To prevent any one part of the government from becoming too powerful, they created three co-equal branches of government (including a bicameral legislature) designed to work independently and in cooperation to prevent abuse of power.
"But if two of those branches, say the executive and judicial, worked in concert with one another they can absolutely work around, and even reinterpret, the Constitution. Elected representatives in the legislative branch would be virtually powerless to stop it.
"This is one of the most interesting (and important) byproducts of the Trump presidency. It has exposed serious flaws in the checks and balances that many of us thought existed as “law” when in fact it was only accepted practice and not actually enforceable."

When I wrote those words, I was concerned about the “unitary executive theory,” an idea advanced by conservative constitutional law experts that holds that the president of the United States possesses the power to control the entire executive branch regardless of legislative action. I could never have fathomed that the judicial branch would conspire to confer on the president such authority.

Sadly, on July 1, 2024, when the Supreme Court decided Trump v. United States went even further. The court ruled that Donald Trump cannot be prosecuted for actions that were within his constitutional powers as president. It was a landmark decision recognizing for the first time (and without any basis in the Constitution) any form of presidential immunity from prosecution.

If you’re asking yourself, "Where’s the conspiracy?" consider what Heather Cox Richardson wrote in the July 1 edition of “ Letters from an American.” In it, she exposed the fact that the very justices who conferred presidential immunity on the president had lied during their confirmation hearings:

At his confirmation hearing in 2005, now-Chief Justice John Roberts said: “I believe that no one is above the law under our system and that includes the president. The president is fully bound by the law, the Constitution, and statutes.”

In his 2006 confirmation hearings, Samuel Alito said: “There is nothing that is more important for our republic than the rule of law. No person in this country, no matter how high or powerful, is above the law.”

And in 2018, Brett Kavanaugh told the Senate: No one’s above the law in the United States, that’s a foundational principle…. We’re all equal before the law…. The foundation of our Constitution was that…the presidency would not be a monarchy…. [T]he president is not above the law, no one is above the law.”

Sadly, these justices have set the stage to tear down one of the most important principles that has protected our democratic republic for the past 250 years — the idea that no one is above the law.

As I wrote in “ It’s never too late to act,” especially after the attempt on former Trump’s life, we need to stop allowing political dogma to divide us. We must come together and work, as our Founding Fathers did, to find a common vision for the future that allows us to work towards a more perfect union.


Read More

Who Told You You Weren’t Already Free?

Mural of child blindfolded

Photo provided

Who Told You You Weren’t Already Free?

As part of a collaboration between The Fulcrum's NextGen initiative and Made By Us, The Fulcrum is publishing Letters to America, a series created through the Youth250 project that invites Gen Z to reflect on the nation’s past, present, and future as the United States approaches its 250th anniversary.

Juneteenth. The nation’s 250th anniversary. Two celebrations of freedom, arriving in a season where many of us are quietly wondering whether we feel “free” at all. Our citizens are living through conditions that resemble the very terms that nearly caused our divorce. Economic freedom wanes. Our own citizens are somehow being terrorized. Elites and their technocratic allies advance their priorities while ordinary Americans absorb the fallout. Candidly, an anniversary only means something if the relationship has been maintained. No one gets credit for 250 years of marriage when the work stopped decades ago. So before these milestones arrive, we must ask ourselves: how committed are we to actualized democracy?

Keep ReadingShow less
​Center for Election Innovation and Research Executive Director and Founder David Becker speaking into a microphone, while sitting down.

Center for Election Innovation and Research Executive Director and Founder David Becker testifies during a House Oversight and Government Reform Committee hearing on October 7, 2021 in Washington, DC.

Pool/Getty Images

How David Becker Works to Safeguard America’s Election Integrity

The Unity Forum, a cross-partisan webinar and podcast series presented in partnership with the Bridge Alliance and produced by Alumni for Freedom and Democracy, is dedicated to fostering reasoned discourse and strengthening the foundations of an open society. Each program brings forward respected experts who challenge assumptions about current events, elevate civil dialogue, and deepen public understanding of today’s most pressing social, economic, and legal issues. In addition to attending Unity Forum events, readers are invited to join post-event discussions, volunteer as community dialogue facilitators, or help promote open society initiatives within their networks. Opportunities to stay engaged and make a difference are available for anyone who wants to support the mission of meaningful civil engagement.

On July 23, the Unity Forum welcomes David Becker, executive director and founder of the nonpartisan, nonprofit Center for Election Innovation & Research, which works with election officials of both parties across the country to ensure elections are trustworthy.

Keep ReadingShow less
stars and stripes falling and peeling off American flag

George Washington warned against partisan division. This opinion piece explores election reform, congressional dysfunction, and rebuilding trust in American democracy.

Malte Mueller/Getty Images

Washington Warned Us — Now America Must Renew Its Democracy

When George Washington left office in 1796, he did not simply say farewell. He issued a warning.

In his Farewell Address, Washington cautioned against what he called "the baneful effects of the spirit of party" — the instinct toward political tribalism that, he feared, would one day consume the republic he had helped build. He warned that partisan division would render our governing system dysfunctional, eroding public faith in government, and ultimately threatening the democratic experiment itself.

Keep ReadingShow less
New York City Mayor Zohran Mamdani and US Senator Bernie Sanders standing at a podium together with a crowd of supporters behind them.

New York City Mayor Zohran Mamdani and US Senator Bernie Sanders (I-VT) speak to supporters during the Mayor's 100-day address on April 12, 2026 in New York City.

Ryan Murphy / Getty Images

Just What Is a Socialist?

Gertrude Stein famously wrote, "A rose is a rose is a rose is a rose," meaning everyone knows what a rose is. The same cannot be said of a Socialist.

There are many Democratic politicians who proudly call themselves Socialists or Democratic Socialists, and there are many adversaries who brand those individuals as Socialists. Both sides use the same word, but the word means very different things to the two sides.

Keep ReadingShow less