There has been a desire to pin down the central complaint of the 99%, which the
Occupy Wall Street organizers purport to represent. So, in preparation for the group’s General Strike on May 1st, International Worker’s Day, the annual commemoration of the 1886 Haymarket Massacre in Chicago, I am adding my rabbinic voice to help clarify their message.
The problem begins with the opening lines of the Constitution, a document almost 236 years old – long enough to make its intentions debatable. Making ancient texts intelligible and relevant is the central role of the rabbi, so as as rabbi I feel especially qualified to clear up the issue.
“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.”
The American Legal system approaches the Constitution in such a Jewish way, it makes Talmud scholars out of every judge and lawyer. The Talmud, formalized between 500CE and 600CE, atomizes the words of the earlier Mishnah, codified in 200CE. The intervening hundreds of years require of scholars deep exploration to decipher the intent of the of the original words, words which when they were set down were perfectly clear to the rabbis of the older Mishnah. The discrepancy in years between the authorship of the Constitution and the presence have made decoding its intended meaning equally onerous. “Well, what do you mean ‘We the People?” “What was the intent of ‘general Welfare’?” “What level of disagreement is meant to be rectified by ‘insure domestic tranquility’?”
I was studying for a rabbinical school Talmud exam when the case of Bush v. Gore was broadcasting on the radio as background noise. I was struck by the similarity of argumentation of the lawyers before the Supreme Court and the sages on the Ancient page in front of me.