There has been much talk in the recent political arena about protecting the Constitution. There hasn’t been much talk about the Constitution itself and what it says or means. I sometimes wonder how much politicians, Senators, Representatives, Judges and even citizens really know about the Constitution. But it does make for a good sound bite.
When I think about the Constitutional Convention in Philadelphia in 1987, I am amazed that it even got ratified. There was much debate and disagreement. The room at Independence Hall was locked and the windows closed so the people wouldn’t see the contention in the debates. (Think of the televised debates today!)
But, because of the leadership of George Washington, the scholarship of James Madison, and the wise and inspired words of Benjamin Franklin, this group of 55 wise and educated men were finally able to come to an agreement. Yes, there was some give and take. Some reasoning. Some moderation. Oh, and yes, even some compromise. Especially the Connecticut Compromise.
But it was done and the notes were turned over to Gouverneur Morris (yes, that is his name) to compose the Constitution in its final form. He did a remarkable job!
There was some argument about the need for a “Bill of Rights” but because of the strong arguments by Patrick Henry at the Virginia Convention for adoption of the new Constitution, James Madison agreed to propose several amendments. Twenty-six were drafted by James Madison. Twelve were reviewed by Congress and sent to the States, who adopted 10 of them. The first 10 Amendments are known as The Bill of Rights and were ratified effective September 15, 1791.
The Constitution has been amended only 17 more times in the next couple of hundred years. But lately it seems to have been ignored more than followed. The Constitution used to be required reading, along with President Washington’s Farewell Address, by all new members of Congress. I don’t know if that’s still the case.
I do know that in law school, in our required Constitutional law course, we never read the Constitution, the Bill of Rights, or the Federalist Papers, which explains the reasoning of the Founding Fathers in drafting the Constitution as it was written. I never could understand that. Why those weren’t required reading.
But that’s the case in most law school classes, which gives one cause to think about why we have strayed so far from the Constitutional principles of our Founding Fathers.
I have taught the Constitution to Federal Correctional Facility inmates, and I was appalled at how far we have deviated from its principles. Here are just a sampling of quotes from the Founders of our nation about this majestic document:
“The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government—lest it come to dominate our lives and interests.”
–Patrick Henry
“[An] act of the Congress of the United States . . . that assumes powers not delegated by the Constitution, is not law, but is altogether void and of no force.” –Thomas Jefferson
“The Constitution is not neutral. It was designed to take the government off the back of people.” –Judge William O. Douglas, Justice of the Supreme Court for more than 35 years.