Does Our Country Still Respect the Constitution?
The U.S. Constitution, Just Ink on Paper?
In the summer of 1787, delegates to the Constitutional Convention convened in the Pennsylvania State House to discuss the formation of a new government. For several months, the delegation debated, and what came out of the convention was the United States Constitution. As many have said before, the Declaration of Independence describes the why behind the American government, but the Constitution lays out the how. Both are important.
As Abraham Lincoln once wrote, the Declaration is an “apple of gold”, and the Constitution is the “frame of silver” that surrounds it. While the Declaration lays out the principles of the American founding, the Constitution teaches us how to obtain those principles—and promises.
The Declaration lays out the purpose of the American government: to protect the individual rights and freedoms, including, but not limited to, life, liberty, and the pursuit of happiness. The Constitution builds on this and lays out the best method for preserving liberty: representative government, the separation of powers, coequal branches of government with shared powers, a bicameral legislature, an independent judiciary, a strong executive, and power divided between the federal government and state governments.
The Founders believed that these forms of government would work together to preserve liberty and prevent tyranny. Unfortunately, many of these principles have been overlooked since the Progressive Era, when thinkers like Woodrow Wilson argued that the Constitution was a roadblock to progress. As a result of this philosophy, the Supreme Court began treating the Constitution like a living and changeable document, merely ink on paper.
Progressives also changed how things worked in the federal government, giving more power to the executive, attempting to weaken the separation of powers, removing certain agencies from the consent of the people, and expanding the role of the federal government.
Fortunately, today, Constitutionalism is having a resurgence. The majority on the Supreme Court today adheres to an originalist interpretation of the Constitution as well as laws written by Congress. Additionally, the Trump administration is working to limit the size and scope of the federal government and is attempting to rein in the administrative state. These are positive moves in the right direction.
With the 250th anniversary of our nation coming up on July 4th, it is worth taking a look at our nation and asking the country is doing in living up to the principles of our Founding?
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