Walking across leaf-strewn bricks to class. I shuffled my feet, reluctant to give up the freedom of roaming about the campus on a fabulous fall day. Up ahead, I saw Sharon Looman striding purposefully toward the same door I was approaching. Knowing I would be joining Sharon made giving up my freedom easier. I surrendered to the discipline of learning, and entered the classroom, walking on aging hardwood floors to my seat in the middle at the side.

Laying my notebook on the old wooden desk carefully, I adjusted my seat to get a better view of Sharon in the event she did something noteworthy. What she would do, I couldn’t guess.

Our teacher, Terry Hawkins sprang through the door with some vigor, and moved rhythmically toward a small podium at the front of the class. We liked Hawkins. He was pretty old, but he seemed pretty much on top of things. On a good day, he reminded me of Robin Williams in Dead Poets Society. I hoped this would be a good day. He was small, but athletic looking, and he packed a kind of punch.

“Good afternoon, young persons.” Hawkins intoned.

Nobody answered back. We were still in high school, a kind of a mid-scale private K-12 school, where most kids would eventually go to college. By junior year, we didn’t answer back in unison. We nodded in a dignified manner. Hawkins went on.

“According to our Lesson Plan, we were going to talk about the US Constitution and the Separation of Powers today. As you likely know, teaching the theory of government has gone out of style. You won’t find a Civics class in most public schools. Even in this enlightened school, your class will be a mix of History and Civics.”

“The Separation of Powers is a big idea, what we eggheads call a “concept”. That means it is a generalization, something you can’t see, hear, touch, feel, or taste. You have to grasp it after seeing it in action or reading a bunch of descriptions that illustrate the idea.”

“As already discussed, the American republic evolved from a bunch of ideas we call ‘the Enlightenment, especially the ideas that an individual person, not a group, is the building block of society, and each individual is endowed at birth with a natural right to life, liberty, and the pursuit of happiness.”

“During the time of ‘the Enlightenment’ evolution was always at work, with bottom up ideas pushing the world toward greater freedom. Despite evolution, the American Republic, more than any other government, before or since, was invented by a small group of people we call “the American Founders”. While the ideas came from social evolution, the actual formation of the American Republic was driven by documents like the Declaration of Independence and the Constitution which were, in essence, a policy and a procedure for creating a government.”

“So, the American Republic was designed by its Founders, and Separation of Powers was one of its main design principles.”

“You don’t hear this idea in any discussion of government in the news media, but to the Founders, the big issue in designing government was how to keep government from grabbing more and more power until it became tyrannical. The Founders knew the Greeks had invented democracy before the Christian era, and a little later, the Romans has designed a Republic, governments that derived their power from the people. Somehow, 1,500 years later, in 1775, things had reverted back to Kings and Queens and Emperors, and government by the people, of the people, and for the people had been absent from the world for a millennium.”

“Scholars will tell you that in1775, the British government, the most democratic in the world at that time, featured a Parliament, part of which was elected by a portion of the people (about 5%), and which controlled the funds available to the King or Queen. So, some Englishmen got to vote for the House of Commons which had some control of the purse strings of England.”

“The King could go to war and send soldiers and sailors anywhere he pleased, but he had to get the money from Parliament … the beginning of Separation of Powers.”

“Another Separation of Powers was present in English Common Law, a system of criminal and civil courts run by judges using local juries. Under Common Law, judgments were supposed to be consistent with previous judgments (so-called “precedents”). The use of precedents and the local appointment of judges tended to separate the legal system from the direct control of Kings, so here was a second example of Separation of Powers. The King might interfere in high-level or national cases, but local justice was more-or-less beyond the king’s control by 1775.”

“It appears that Common Law evolved more-or-less naturally in England without Kings giving it much thought. This was not true in most other European countries where courts were more top-down and under more direct control of kings, dukes, earls, and the like. Perhaps the Magna Carta, which did not have a counterpart in other European countries, protected the local evolution of Common Law in England.”

“The American Founders appreciated the Separation of Powers that existed in England, but they felt it was not nearly enough. The American Constitution created what we call ‘the three branches of government’, executive, legislative, and judicial, and assigned specific powers to each one.”

“As we all well know (or should know), a power granted to one branch of government is not to be exercised by any other branch, and powers not granted to a branch of government ‘are reserved to the states and to the people’ “

That brings us to the world of today, where, for the last few decades, the Executive Branch and Judicial Branch have been grabbing for every power granted to Congress, while Congress avoids exercising any power whatever … except the power to spend money,”

As Hawkins was speaking, we heard a booming noise followed by several sharp cracks. Jimmy Burks, a hyper kid, jumped up and started yelling: “Mr. Hawkins, I need to get back to my room and check my stuff. Maybe there’s a fire.”

”Try to relax Jimmy. We’ll look out the window and see what we can see.” Hawkins was trying to keep things cool and calm.

Hawkins pulled back the blinds in our 3rd floor classroom. We could see a few blocks away toward the downtown area of Egan, a small Ohio town where our Egan Academy was located. We could see what looked like a small fire, and, maybe, some smoke.

“Kids, it looks like some ruckus is going on downtown. I think most of the campus and your rooms should be OK, unless anyone lives downtown.”

Sharon Looman wiggled and flexed her shoulders nervously. “I live with my folks, south of town. That fire looks like it could be close. I think dad would be getting home about now.” Sharon’s shrug was an unhappy gesture, but it made me happy to be alive.

Brian Yeung, one of our brainiac kids, stood up. “The Mountville College newspapers have had some articles talking about a planned demonstration against police brutality and in favor of equity and inclusion for all people of color and all genders.”

“The sights and sounds we can collect look and sound like a demonstration gone off the rails, don’t they.”? Mr. Hawkins was deadpan, not registering approval or disapproval. “I don’t think we are threatened, at the moment. Let’s assume we may have a demonstration that turned into a riot, and discuss what that might have to do with Separation of Powers.”

After everyone sighed and some of the kids were still nervous, but Hawkins was gaining the upper hand, ushering us back toward normalcy. I spoke up and stood with Hawkins. “There is likely nothing we kids can do anyway, except stay out of trouble.”

Sharon, who was now at the window looking wistfully toward her house, shrugged again and wiggled back to her desk providing me with more excitement. The rest of the kids followed suit.

I felt empowered by the situation and stood up again. Shoulders back, and facing front, I started to speak. “Mr. Hawkins, I don’t know if the Founders anticipated the demonstrations we have, did they?”

Hawkins was pleased. “Actually, they did have demonstrations in colonial times. Lots of places had a town square, and they had town meetings all the time. Town meetings and town square speeches always had the potential to turn into demonstrations, and demonstrations always had the potential to turn into riots. I think things are not so different now and people might imagine.”

“The polarization that people are always talking about has been with us before, too. People my age and older find the current polarization weird, because the USA was so united and un-polarized during World War II and the Cold War period. But during the first years of USA, there was lots of lying, yelling, and name-calling in politics. For Chrissake, Alexander Hamilton, one of the founders was killed in a duel by a sitting Vice-President (Aaron Burr) in 1804.”

______________________________________________________

After class, I sidled over to Sharon and asked if I could be of help in the event something had gone wrong at her house. She smiled a little enigmatically. “Oh, thanks Jamie. I think I have calmed down now, and I believe things will be OK.”

I hoped things were OK, too. “Look, I need to get something to eat, anyway. I could walk with you that far, at least.”

Her eyes narrowed, then got larger again. Then, her eyelids flickered. I had no idea what that meant. “OK. Let’s walk down there together. What’s the worst thing that could happen?”

Having started from zero, I was good with that affirmation. In my weak, little mind, it meant maybe she felt safe with me.

As we walked across more brick sidewalks over more leaves, I tried talking a little.

“You know, I like Hawkins. He can be a bit dramatic and theatrical, and he puts some fun into the ideas. I feel like he is good inside, and is trying to make the world better … one dopey student at a time.”

Sharon hugged her notebook, and looked right at me. “Jamie. That is kind of sweet. You are such a naive kid! Hawkins is just trying to snow all the girls so he can get into their pants someday.”

Taken aback a bit, I stared right back into her eyes. (Let’s take a shot, here, I am thinking.) “You think everything is about sex. Maybe I am gay and I have a crush on him. Or, maybe he is just what he seems to be.”

Again, her green eyes bore right into me, right down to my nub, it seemed. “Jamie, in my young life, I have learned one thing for sure. Nobody ever turns out to be quite what they seem to be.”

Wow. I was having an electric conversation with someone I wanted to be electric with. Must be careful not to mess up. “You know, Sharon, I am reading you loud and clear. As a beautiful young woman, it occurs to me you may have experienced totally different behavior from men than I have; up to now; enough to make you a bit jaded, if I may say.”

“I wouldn’t say ‘jaded”, just somewhat experienced, by now.” She flashed the enigmatic smile again, the one that made me want to purr.

Now I hugged my notebook, and bowed graciously toward her. “I salute your experience. If I can find an older woman who will give me a tumble, maybe I can match your experience, some day. Maybe you could be my social mentor.”

“You need it badly, but I’m much too busy.” Again, the enigmatic smile.

______________________________________________________________

Now we were downtown. There was still some smoke in the air, and the big Rosen Bakery had broken windows and some charred wood. The bank next door also had a broken window and, maybe a charred pane or two.

A little shaken, Sharon didn’t look so bold and experienced now. “Geez. She said. I wonder what happened in Rosen’s Bakery. Do you think they were robbed?”

Now, I felt like the experienced one. I had an idea maybe they been a victim of some kind of political theater. My dad had lived in northern California and told me a little about demonstrations, riots, and burning down the Bank of America, for Chrissake.

“Sharon, let’s get you home. Then, I will go down to the Elite Diner and ask what happened tonight. I can tell you in class tomorrow … if you would sit next to me.”

Sharon flinched slightly, then relaxed, then looking kind of worldly … “I don’t know if Hawkins would let me change seats this late in the term.”

Now, I smiled wickedly. “If, as you say, he wants to get into your pants, why wouldn’t he just do whatever you asked?”

Sharon reflected on that. “You know, Jamie, maybe I should just ask him. I would like to know if he wants to get into my pants.”

“More power to you,” I lied.

_______________________________________________________________

At the counter at the Elite Diner, I put a quarter into the juke box. Juke boxes had been gone since my dad was young, but the Elite Diner had an old juke box that the mob never bothered to come back and close down. So, Erik, an old Danish guy who had run the Elite since the dawn of time, just kept running the juke box for quarters with his old 1970’s records. There was a stack of 45 rpm records inside the little box, and you could select from among about 50 songs. Most of the records were still intact. Erik must have been some kind of mechanical guy to keep this thing running. I suppose he made a little money off it, but it was a major attraction. I don’t think anyone within 100 miles had a juke box, but the Elite Diner.

Erik was not in the diner tonight, but his partner Ellie was in fine form flipping burgers and singing along with Paul Anka, the Kingston Trio, James Taylor, Simon, Garfinkel, and the rest. obviously, if the juke box could only play 45 rpm records, there weren’t going to be anything but golden oldies.

I liked to play Homeward Bound by Simon and Garfunkel over and over again, but tonight I played the Cruel War, by Peter Paul and Mary. My dad had visited me and told me The Cruel War was the flip side of a PP&M hit called Stewball, the Racehorse. In fact, it was, because you could see both sides of each record in this juke box. Back in the day, when they sold individual records, there had to be a song on each side of each 45-rpm record.

The “flip side” was supposed to be a lousy song, because the main side would sell the record, and the customer had to buy both sides. If the artist put two good songs on the same record, s/he would be leaving money on the table. Of course, that stuff is kind of subjective, so I liked The Cruel War way better than Stewball the Racehorse.

The Cruel War is about a young girl in love with a young soldier who has to go to the Civil War on Sunday. She wants to dress up as a soldier, so she can go with him to war. They are so in love, they are debating whether this is actually a good idea. Can you imagine? They are really in love. I envy them so much!

The Cruel War is like this movie I saw with my dad, called Elvira Madigan. Elvira Madigan is a young ballet dancer who falls in love with a soldier in near-medieval Sweden. Apparently, officers in the army are upper class and can’t marry ballerinas who are in the theater, and therefore scum. So, knowing they can’t have a life together, they just run away together, knowing that eventually he will be caught and shot as a deserter, and she will be thrown into the gutter as soon as she is too old to dance.

\Anyway, the way Elvira Madigan ends, they have a great time picnicking in the woods (and presumably screwing their brains out, though it’s not shown) till they run out of food, and people are chasing them. Then, he loads his gun, she runs out into the woods like a deer, and he shoots her. Then, pause, he shoots himself. That’s it. But their love is so compelling, believable, and so meaningful, it feels like they have beaten the system. What a great flick!

Categories: Fiction, Life Stories, Stories