O P I N I O N
FORWARD FOCUS
By Brian Chicoine
We have been hearing a lot lately about things like the United States Supreme Court and the Constitution. We hear about decisions that have been made as well as what can and cannot be done because of the Constitution. There are a good number of people who do not understand the Constitution and believe – either because of their desire to do certain things that are prohibited by it or because they are listening to those who advocate for certain changes and believe that the Constitution is a relic that just slows progress down – that it needs to be ignored or suspended. I am here to let you know that the Constitution is way too important to simply ignore if you don’t agree with it.
I’ll start with this: The U.S. Constitution, (in which our laws are built upon), was created to – and still does – protect THE PEOPLE. The Constitution DOES NOT give us rights; it is not a document that outlines the rights that the government gives us. Rather, the Constitution limits what the government can do. We are given our rights by our Creator and the Constitution guarantees that we retain those rights. We need NEVER forget that, no matter what we are told! The Constitution IS NOT an archaic document that stands in the way of progress, it keeps our government from gaining too much power and taking over.
Now we’ll get into a little about why we even have a Constitution that is so focused on the People, as well as a brief history of our country’s foundational document that keeps us going even today – over 236 years after its ratification.
Before moving on though, I just want the record to reflect that I am an originalist when it comes to Constitutional and legal interpretation. Simply stated, I look at the context of what was understood when the item, (Constitution or law), was written.
GOODBYE, GREAT BRITAIN
One of the key reasons for American Independence was because of the economic restrictions set-forth by the Crown (taxation without representation). The British government imposed numerous taxes on the colonies, such as the Stamp Act and the Townshend Acts, without granting them representation in the British Parliament. This was seen as a violation of their rights as Englishmen.
Economic restrictions further fueled colonial resentment. British policies aimed to control colonial trade for the benefit of the mother country, often at the colonies’ expense. The Navigation Acts, for instance, mandated that certain goods could only be shipped to England or its colonies, limiting the colonies’ ability to trade freely.
Political factors also played a crucial role. The colonies had developed a tradition of self-governance and resented British interference in their local affairs. The imposition of the Intolerable Acts, a series of punitive measures following the Boston Tea Party, was perceived as an overreach of British authority and a direct threat to colonial autonomy.
Ideologically, Enlightenment ideas about natural rights and government by consent influenced colonial leaders. Thinkers like John Locke argued that governments exist to protect the rights of individuals and must be based on the consent of the governed. When a government becomes tyrannical, Locke asserted, the people have the right to overthrow it. These economic, political, and ideological factors coalesced, leading the colonies to seek independence. To sum it up…we wanted the freedom to do what the People wanted.
The Road to Independence
The unrest culminated in the American Revolution (1775-1783), a struggle for independence that united the thirteen colonies against British rule.
In 1776, the colonies declared their independence with the Declaration of Independence, asserting their right to self-governance and outlining grievances against the British Crown. However, winning independence was only the first step; the new nation needed a functional government to replace British rule.
The Articles of Confederation: A Weak Foundation
In 1781, the Articles of Confederation were ratified as the first constitution of the United States. The Articles established a loose confederation of sovereign states with a weak central government, reflecting the colonists’ fear of centralized authority. Under the Articles, the national government consisted of a single-chamber Congress, in which each state had one vote, regardless of size or population.
However, the Articles of Confederation had significant weaknesses:
- Lack of Central Authority: The national government had no executive branch to enforce laws or a judiciary to interpret them.
- Inability to Tax: Congress could not levy taxes, relying instead on voluntary contributions from the states, leading to financial instability.
- Commerce and Trade Issues: Congress had no power to regulate interstate or international trade, resulting in economic disarray and competition among states.
- Difficulty in Passing Laws: Major legislation required the approval of nine out of thirteen states, making it challenging to enact necessary reforms.
These weaknesses became increasingly apparent as the new nation faced economic difficulties, internal conflicts, and external threats. The lack of a strong central government hindered effective governance and unity.
The United States Constitution, a remarkable document that laid the foundation for the American Republic, was crafted in response to the pressing need for a strong, cohesive government that balanced power between the states and a central authority. Its creation was driven by historical experiences, ideological influences, and practical necessities.
IDEOLOGICAL INFLUENCES
Enlightenment Thought
The Enlightenment, an intellectual movement in the 17th and 18th centuries, profoundly influenced the framers of the Constitution. Enlightenment thinkers such as John Locke, Montesquieu, and Rousseau advocated for principles of natural rights, separation of powers, and social contracts, which became integral to American political thought.
John Locke’s theories on natural rights and government by consent resonated with the American revolutionaries. Locke argued that individuals possess inherent rights to life, liberty, and property, and that governments are established to protect these rights. When a government fails to do so, Locke contended, citizens have the right to alter or abolish it.
Montesquieu’s concept of the separation of powers also played a crucial role in shaping the Constitution. He argued that the best way to prevent tyranny was to divide governmental powers among different branches, each with distinct functions and checks on the others. This idea became the cornerstone of the American system of checks and balances.
THE CONSTITUTIONAL CONVENTION
Gathering in Philadelphia
In May 1787, fifty-five delegates from twelve states (Rhode Island abstained) convened in Philadelphia for the Constitutional Convention. Initially tasked with revising the Articles of Confederation, the delegates soon decided to draft an entirely new framework of government. The convention, presided over by George Washington, was marked by intense debates, compromises, and a shared commitment to creating a more effective national government.
Key Compromises
Several significant compromises were necessary to reconcile the diverse interests and opinions of the delegates. The most notable of these were the Great Compromise, the Three-Fifths Compromise, and the Slave Trade Compromise.
- The Great Compromise: This resolved the contentious issue of representation in Congress. Larger states favored the Virginia Plan, which proposed representation based on population, while smaller states supported the New Jersey Plan, advocating for equal representation for each state. The Great Compromise led to a bicameral legislature, with proportional representation in the House of Representatives and equal representation in the Senate.
- The Three-Fifths Compromise: This addressed how enslaved individuals would be counted for taxation and representation purposes. Southern states wanted slaves to be fully counted to increase their representation, while Northern states opposed this. The compromise counted each enslaved person as three-fifths of a free person.
- The Slave Trade Compromise: To appease Southern states, it was agreed that Congress would not prohibit the international slave trade before 1808, allowing the practice to continue for at least 20 more years.
Other compromises also took place, particularly because the two main factions, the Federalists and the Anti-Federalists, each advocated for differing aspects of centralized authority. The Federalists advocated for a strong national government while Anti-Federalists feared that such power would undermine individual liberties and states’ rights. This resulted in a Constitution that established a strong central government and also maintained state sovereignty.
The Structure of the Constitution
The Constitution established a federal system of government, dividing powers between the national government and the states. It created three branches of government—legislative, executive, and judicial—each with distinct functions and the ability to check and balance the others.
- The Legislative Branch: Article I of the Constitution outlines the powers and structure of Congress, which consists of the House of Representatives and the Senate. The legislative branch is responsible for making laws, levying taxes, regulating commerce, and controlling the budget.
- The Executive Branch: Article II establishes the presidency, outlining the powers and duties of the president. The executive branch enforces laws, conducts foreign policy, serves as commander-in-chief of the armed forces, and has the power to veto legislation.
- The Judicial Branch: Article III creates the Supreme Court and authorizes Congress to establish lower federal courts. The judiciary interprets laws, ensures their constitutionality, and resolves disputes between states or between the federal government and the states.
Ratification and the Bill of Rights
After the Constitution was drafted, it required ratification by nine of the thirteen states to become effective. This process sparked intense debates between Federalists, who supported the new Constitution, and Anti-Federalists, who feared it gave too much power to the national government and lacked protections for individual liberties.
To address these concerns, the Federalists promised to add a Bill of Rights, guaranteeing fundamental freedoms and protections. This promise was crucial in securing the necessary support for ratification. The Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve it. The first ten amendments, known as the Bill of Rights, were adopted in 1791, ensuring essential rights such as freedom of speech, religion, and the press, and protections against unreasonable searches and seizures.
Enduring Legacy and Impact
The U..S Constitution has had a profound and lasting impact, both domestically and internationally. It established a framework for democratic governance that balances power between the states and the federal government, protects individual liberties, and promotes the rule of law. Its principles and structure have influenced numerous other countries in their pursuit of democratic governance.
The Constitution’s ability to adapt through amendments has allowed it to remain relevant and responsive to changing societal needs. Significant amendments, such as those abolishing slavery (13th Amendment), granting citizenship and equal protection under the law (14th Amendment), and securing voting rights regardless of race or gender (15th and 19th Amendments), reflect its capacity for progress and reform.
Amending the Constitution
The U.S. Constitution is unique in many ways, as are the freedoms that it guarantees. When it was first written back at the end of the eighteenth century, it was – as was the “American Experiment” – something that had never been done before. In fact, the amendment process made it so, although difficult, it was not impossible to make changes to the Constitution as needed. The amendment process made it so the government could not change our Constitution at its leisure. And you will notice that the President has no role in the amendment process. This was done by design to guarantee that a dictator could not suspend or arbitrarily change our Constitution.
Article V of the U.S. Constitution outlines how to amend the document. It is not easy to amend the Constitution, but it is not impossible. However, to put into perspective how difficult it is to amend the constitution, note that hundreds of thousands of bills to amend the Constitution have been introduced, and of those, only 33 passed congress with 27 ratified. (So, 27 Amendments out of hundreds of thousands introduced). The Constitution cannot be suspended or repealed, and it is very difficult to change / amend.
Conclusion
The US Constitution was written to address the deficiencies of the Articles of Confederation and create a stronger, more effective national government. Its origins are deeply rooted in Enlightenment thought, practical experience, and the necessity of compromise. The Constitution’s enduring legacy is a testament to the vision and wisdom of its framers, who crafted a document that has provided a stable and adaptable foundation for American democracy for over two centuries.
As always, you can send questions and comments to bchicoinemht@gmail.com.