We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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 year is 1787. In May of that year some of the greatest minds the world has known gathered in Philadelphia, Pennsylvania to discuss the revising of The Articles of Confederation that had been adopted as the rule of this new nation during the Revolution. The weakness of the Articles in depending on the collective will of the states caused a form of anarchy as states competed against one another in commerce and taxation bringing insurrection and chaos.
The result of this Constitutional Convention was signed and delivered to the people of The United States on September 17, 1787 and in June of 1788 The Constitution of The United States of America became the law of the land as New Hampshire was the ninth state to ratify.
The United States Constitution is a document like no other. Many countries have followed its example, even nations under the rule of Despots who never intended to adhere to Constitutional laws. Their reason for copying ours is simply this. The form of government established by the will of the people affords a government where freedom and liberty are the rule of law. Despots use this example in an attempt to fool their people into believing they will be free. Democratic nations use our example because the Constitution created the most balanced and free nation governed by the rule of law that the world has ever known.
There are many misconceptions about our Constitution that have appeared through the years and the first of those is that we are a Constitutional Democracy. A Democracy is a form of government who favor government by the people or by their elected representatives. This is not who we are. That is what makes us unique in the world because we are the only Constitutional Republic on the face of the earth. A Republic is a nation in which the supreme power rests in all the citizens entitled to vote. This power is exercised by representatives elected, directly or indirectly, by them and responsible to them. Thus the phrase which begins our Constitution, "We the people, " is more than just poetic but an actuality in the description of the form of government that leads this nation.
This series is going to attempt to address the misconceptions that have developed especially in our most recent history concerning our Constitution. I am by no means a Constitutional scholar but my qualifications to discuss our founding document come from the right, yeah the duty that we all have as citizens. That duty and responsibility is to know and understand the principles in which our country was founded and the conscience that established this nation. All of this can be found in our Constitution.
The Constitution has been referred to as, "a living breathing document." In this I agree but not in the context that most use this phrase. The Constitution is, "living and breathing, " in that it is as viable, necessary and the principles found within are as important today as they were the day it was written. Most who use this phrase believe that , "living breathing document, " means the liberal interpretation of the Constitution as it pertains to modern society which has allowed such acts as Judicial Legislation. The Constitution and the principles found therein are unchangeable and liberal interpretation allows a weakening of the original intent of the Founders.
In their wisdom the Founders realized that as the nation grew and society changed that the Constitution would need to adapt. To this end they made provision and that provision is in the ability for the Constitution to be amended, not liberally interpreted. This amendment process was intentionally made ponderous and involving specifically to prevent changes in the Constitution that were unnecessary or fleeting with the winds of the moment. In an avoidance of this Constitutionally provided process the liberal interpretation has allowed for misconception and even a dumming down of the American populace who no longer know their Constitution and depend upon their elected officials to inform them of what the Constitution says and/or defines on current issues.
This provision has made many necessary changes in societal adaptation as we have grown as a nation. It has abolished slavery, allowed women to vote, established specific rights and many other needed changes. Some have been counter productive such as the 17th Amendment which changed the entrance to office of Senators. Prior to this Amendment Senators were appointed by State Legislatures thus making them accountable to their state and its people, who if dissatisfied with the Senators performance of their duties could replace them before the six year term expired. The 17th Amendment provided for direct election of Senators which in many respects eliminated accountability and has been a major cause of the unfettered growth of government as Senators cater to special interests groups and only concern themselves with their state as elections approach then throw pork barrel projects to the electorate to insure re-election.
Each Tuesday over the next several weeks this series will discuss many Constitutional issues that we face today. Issues such as, the separation of church and state, abortion, gun control, Judicial Legislating from the bench, the powers of the different branches just to name a few. This will not be an attempt to portray a specific point of view because the Constitution is truly non-partisan. But rather point out what the document actually states on each subject and the original intent of the Founders who established our Constitutional principles.
As in all Constitutional discussions we as citizens must always remember that in this Constitutional Republic that we are the true authority of our government. Man was not made for the state but the state was made for man and that is what our Constitution establishes. Everyone from the President to our local state representative are directly answerable to, "we the people, " and the dumming down of our nation in the true knowledge of our Constitution and what it actually says and stands for has allowed this nation to drift from a nation , "of the people and by the people, " to one whose elected officials inform the people and who are not truly accountable to the people! Knowledge is power and knowledge of the truth as found in our Constitution is what makes our nation strong and our people united in freedom.
Ken Taylor
draft
