Dizionario politicamente scorretto: Costituzioni

Ah, le Costituzioni di una volta ! Il loro scopo era semplice e chiaro: limitare in modo drastico e definitivo il potere dei governanti, monarchi in testa, sui governati (ricordate la differenza tra “Monarchia assoluta” e “Monarchia costituzionale”?).
Le costituzioni moderne sono, spesso, quasi l’opposto: attribuiscono ai cittadini dei diritti astratti, non si sa poi nei confronti di chi, e danno quindi allo Stato un potere vago, esteso e incontrollato nel cercare di realizzarli. La colpa, come spesso accade, è di Napoleone, ed aveva infatti visto bene Rosmini: “tutte le costituzioni modellate alla francese, lungi dall’essere liberali, sono il dettato e l’espressione di astrazioni vane e di teorie inapplicabili alle realtà sociali”.
Questo era ben chiaro a chi ha scritto la “vera” Costituzione, quella americana: The constitution only guarantees the american people the right to pursue happiness. You have to catch it yourself, parola di Benjamin Franklin. Addirittura, lo scopo era proprio l’opposto: the Consitution was made to guard the people against the dangers of good intentions, lo diceva uno tra i più progressisti dei founding fathers americani, Daniel Webster. Lo conferma la semplice analisi lessicale di uno studioso libertario, A. Opitz: The words “no” and “not” employed in restraint of government power occur 24 times in the first 7 articles of the Constitution, mentre, con grande scorno della nostra liturgia democratica, come sottolinea Murray Rothbard the word “democracy” cannot be found in the american Declaration of independence, or the Constitution, or in the Constitution of any of the states.
Obiettivo delle Costituzioni non era infatti una astratta democrazia, ma la tutela concreta dei diritti delle persone, tanto che un giudice costituzionale (Anthony Scalia, il prediletto di Reagan) ribadisce un principio sacro del garantismo: there is nothing new in the realization that the Constitution sometimes insulated the criminality of a few in order to protect the privacy of us all. Insomma, come disse con la consueta chiarezza Ayn Rand, The government was set to protect men from criminals, and constitution was set to protect man from government.
E’ una utopia per noi ? Forse aveva ragione,o forse speriamo no, John Quincy Adams Our Constitution was made only for moral and religious people. It is totally inadequate to the government of any other.


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