ABSTRACT
The new, unwritten constitution is called the Happy Convention. The Happy Convention is an informal rearrangement of government powers by which each of the three branches assigns many of its constitutional responsibilities to other branches. The new system of American government is based on politics, not the Constitution. Congress has put aside its duties under the written Constitution to create the Happy Convention. The Happy Convention brings forth two new branches—the Imperial Court and the Imperial Presidency. The Happy Convention gives the Court power to deal with volatile, hot-button issues and gives the president power over foreign affairs. The Happy Convention’s blank check to the president in foreign affairs has led to its two major failures—the wars in Vietnam and, more recently, Iraq. The Supreme Court’s role is hugely magnified by the Happy Convention. The Convention shrinks the area of democratic choice.
