Many countries have written into their constitution provisions for freedom of speech and freedom of assembly. Well, if this is true, why is the Constitution of the United States so exceptional?
Well, the difference is so small that it almost escapes you, but it's so great it tells you the whole story in just three words: We the people. In those other constitutions, the government tells the people of those countries what they're allowed to do. In our Constitution, we the people tell the government what it can do, and it can do only those things listed in that document and no others. Virtually every other revolution in history has just exchanged one set of rulers for another set of rulers. Our revolution is the first to say the people are the masters and government is their servant.The Constitution of the United States of America is the product of the minds of a group of men who, through Providence, came together to produce the most lasting written constitution the world has ever known. Fortunately for us, these men were exceptional – mostly young, and were planters, merchants, and lawyers, but remarkably, they were able to subordinate their personal interests in order to reach compromise They wanted to capture the spirit that had emerged from America’s victory over super-power Britain because they were concerned that spirit was fading, and they wanted to create a country with individual liberty. Historically, the state had been regarded as the ruler of the individual, but the Founding Fathers started with individual rights.
The Articles of Confederation, drafted in 1776, was the first constitution and legally established the union of the states. The ratification process was completed in March 1781, legally combining the sovereign and independent states, already cooperating through the Continental Congress, into a federation called "The United States of America." Under the Articles the states retained sovereignty over all governmental functions not specifically relinquished to the central government.
However, the Articles of Confederation were flawed and weak and could not secure the liberties won through the Revolution. The Articles provided no means for revenue other than what was received through its requisitions on the states, which were merely requests that could be ignored; it did not provide any control over foreign or interstate commerce which meant it couldn’t compel the states to honor national obligations, obey treaties, or pay foreign debt. George Washington was concerned about losing the momentum from the Revolution and said, “we have errors to correct.” James Madison believed that the solution was to create an “extended republic,” with checks and balances and a separation of powers between the branches of government.
There were several attempts at conferences to discuss how to correct the errors of the Confederation, and it was finally decided that a “Grand Convention” of all the states should meet in Philadelphia. The Declaration of Independence gave “the people” the right to choose and install any government they deemed appropriate to secure life, liberty and the pursuit of happiness. [The word “happiness” is misunderstood today to mean something like citizens have a right to a good mood or material things, when at the time its meaning was “chance” – meaning, a citizen had the right to pursue opportunity.] The Founding Fathers wanted individual rights – a republic – instead of a democracy or unlimited majority rule which could result in the “tyranny of the mob.”
Alexis de Tocqueville marveled that “it is a novelty in the history of society to see a great people turn a calm and scrutinizing eye upon itself . . . and patiently wait for two whole years until a remedy was discovered, which it voluntarily adopted without having wrung a tear or a drop of blood from mankind.” In Federalist 1, Hamilton suggested the writing of the constitution would prove to the world “whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.
The Federal Convention convened in Philadelphia on May 14, 1787 but did not have a quorum of seven states until May 25. Seventy-seven delegates were appointed but only fifty-five attended, with Rhode Island refusing to send any representatives. By mid-June it was obvious that a new document would have to be crafted instead of amending the Articles of Confederation. Debates and redrafting went on for weeks over how much power a central government should have, how many representatives each state should have and whether they should be elected by the people or the state legislatures.
A major problem was the issue of slavery and it was hotly debated. Through a complicated bargaining process a compromise was worked out so that in exchange for a prohibition of export taxes, the slave trade was allowed to continue for only twenty more years, and for imported slaves to be taxable. And as repugnant as it is today that slavery was tolerated, it was a remarkable compromise considering the politics of the day.
The new document they crafted called for three branches with checks and balances and secured individual liberties against foreign attack and oppression by their own government. There were specific limits on government, national and state, and reserved to the people all powers not granted to government.
The Constitutional Convention deliberated in secrecy and citizens were anxious to learn what kind of government was being proposed. According to the diary of a delegate, James McHenry, a Mrs. Powell asked Benjamin Franklin as he exited the convention hall, “Well, Doctor, what have we got, a republic or a monarchy?” With no hesitation, Franklin responded, “A republic, if you can keep it.”
Finally, the Constitution was completed after months of debate, but several delegates were concerned that it wasn’t enough that it included provisions such as a prohibition against the suspension of habeas corpus and that state constitutions had their own bills of rights. George Mason moved that there should be a bill of rights but delegates were tired and ready to go home, and some were concerned as to how a provision that all men are born equal and free could be inserted with the issue of slavery unresolved, so they adjourned. However, after the states started reviewing the completed Constitution, the lack of a bill of rights became a major point of contention and states began submitting proposals to amend the Constitution before it was completely ratified. In December 1791 the Bill of Rights were added to the Constitution providing strong protections of individual rights.
The first seven articles of the Constitution constitute the road map for our country:
Article I: provides for the structure and legislative powers of Congress.
Article II: Section 1, covers the Presidency (term, election/electors, eligibility, succession, compensation, oath of office); Section 2, the President is commander in chief with power to make treaties and appointments, to fill vacancies (recess appointments); Section 3, provides for the state of the union message; and Section 4, provides for impeachment.
Article III: Provides for the judiciary and, in Section 3.1, sets forth treason provisions.
Article IV: States that Full faith and credit shall be given in each state to the public acts . . . of every other state. And, important to today’s illegal immigration crisis, Section 4: The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Article V: Provides for the Constitutional amendment process, so that it’s difficult but not impossible to amend.
Article VI: Ratifies prior treaties, honors prior debts, and in Section 3 provides that senators, representatives, members of state legislatures and all executive and judicial officers are bound by oath to support the Constitution, but no religious test shall ever be required as a qualification to any office of public trust under the United States.
Article VII: Provides ratification by nine states is sufficient for establishment of the Constitution.
Today, our Constitution is under attack and must be defended. It is called “outdated” and “flawed,” and it is frequently ignored entirely. We are told it is “antiquated” or that it is a “living, breathing document” that should be interpreted according to the mores of today, rather than in strict accordance with its words which were so laboriously and brilliantly crafted by the Founding Fathers. Recently, a publisher thought it was necessary to add a disclaimer and parental advisory to its publication of the Constitution and Declaration of Independence: “This book is a product of its time and does not reflect the same values as it would if it were written today. Parents might wish to discuss with their children how views on race, gender, sexuality, ethnicity, and interpersonal relations have changed since this book was written before allowing them to read this classic work.”
Since its adoption, amendments, executive orders and judicial activism have weakened states’ rights and individual rights, strengthening the central government. Our legislative branch has been taken over by professional office holders rather than the offices being held by ordinary citizens as the founders intended. And although most of the framers anticipated that the federal judiciary would be the weakest branch, the Supreme Court has wielded enormous power, and law schools today teach “precedent” not original intent, so that precedent becomes law, bypassing the legislative process.
In order to defend the Constitution, we need to read and understand it and be able to educate others. We should encourage schools to teach the Constitution because our children are growing up without learning about the miracle of that special group of men who, despite all their differences, crafted a document that laid the foundation for, and accomplished their vision of, America. We must teach our children and fellow citizens about the principles of the U.S. Constitution and the values of our Founding Fathers because understanding and defending the Constitution and the values of the Founding Fathers is the key to maintaining our liberty.
• READ the Constitution and The Federalist Papers.
• UNDERSTAND its principles and understand your rights.
• ENCOURAGE study of the Constitution in schools.
• TEACH your children and fellow citizens the key to liberty.
In the words of Daniel Webster:
Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6000 years, may not happen again. Hold on to the Constitution, for if the American Constitution should fail, there will be anarchy throughout the world.[Article written by the Rowlett Texas TEA Party Vice President, Babs Millward]
