A proposed constitutional amendment (CACR 12) has been put forward, which would amend Article 83 of the state constitution by replacing the word ‘cherish’ with the word ‘cherish.’
Say what?
The idea is that currently, the word means whatever it meant in 1784. And we need to replace it with whatever it means in 2024. That is, we would leave the word the same but change the meaning.
Which is what courts do all the time. (It says ‘fee’? Well, it means ‘tax’. It says ‘shall not’? Well, it means ‘may sometimes, with our approval.’ And so on.) So it’s clever. But too clever by half.
The amendment doesn’t specify a particular reference work for either definition. But if we look at the etymology of the word, we find that in the 14th century, it meant
hold as dear; treat with tenderness and affection
And in 2024, it means
to treat with affection and tenderness; hold dear
So unless the definition changed before 1784 and then changed back, the meaning has been constant, and there would be absolutely no significance to the proposed ‘change.’
Which means it fails even as an attempt at humor.
But it also completely misses the larger point, which is that we could change the word ‘cherish’ to a word that isn’t even a word, like ‘sorbelate’ or ‘presmonify’, and it wouldn’t really matter. In the clause in question,
it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools,
the crucial word is the word and, highlighted above.
That is, whatever ‘cherish’ — or ‘sorbelate’, or ‘presmonify’ — means, it must mean the same thing for both seminaries and public schools.
And it’s less important what you can do to cherish these institutions, than what you can’t do.
In particular, the state can’t fund, operate, or regulate a seminary. So it can’t do any of those things for public schools, either.
However, all three branches of government have been acting as if
A and B
means
B but not A
If we’re going to ‘fix’ Article 83 by either changing or affirming the definition of a word, then the word to focus on is and, rather than cherish.
And once we’ve straightened that out, we can look, in the same article,
Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it.
…at the word all — which, in any dictionary, would include the current government monopoly on schools.
