September 17 is Constitution Day, an excellent opportunity to revisit the documents that protect our rights and freedoms.
by Peter J. Butzerin
History of the Constitution
During the American Revolution, the thirteen colonies were organized under a document known as the “Articles of Confederation,” a voluntary agreement of states cooperating to achieve a common goal. That goal was to defeat Britain and win independence. After the war ended, Congress met to amend the Articles of Confederation to create a document capable of running a federal government. After convening, in what became known as the “Constitutional Convention,” the participants quickly realized it was impossible. What was needed was a whole new constitution that would become the supreme law of the land and the basis of a new nation.
Wisely, the Constitutional Convention evicted observers and the press before entering into executive session. Many of the Founding Fathers offered ideas and content that, in time, became the Constitution that we live under to this day. They established three co-equal branches of government: the system of checks and balances, civilian rule, and the creation of the two chambers of the Legislature.
The Bill of Rights
What happened next was one of the greatest legislative struggles in history: the Federalist Party opposed the Anti-Federalist Party, which feared an overly powerful federal government that could infringe on the people’s rights just as severely as King George III did. The war was long, costly, and bloody, and the people wanted to keep the rights they won. At the time, eight states had “Bills of Rights” as part of their state constitutions. The demand for enumerated or guaranteed rights held up ratification of the Constitution. Several states had lists of rights they wanted guaranteed, and this, after much debate, became the Bill of Rights. The Constitution was not ratified until after the promise was made to immediately add these first ten amendments.
The Bill of Rights is foundational to the Constitution. What many Americans don’t understand is that the Constitution depended upon the Bill of Rights for ratification. Absent the Bill of Rights, we may have eventually passed a constitution, but it wouldn’t have been the document we have today. It would have created a far weaker federal government that most likely would have failed to prevail in the struggles that were to come.
In the American Civil War, the Union nearly lost, and only a unified country could prevail. How would World War II have turned out if Texas and Oklahoma sent troops to fight the Nazis, but Vermont and Oregon opted out? What if Montana and Utah were willing to raise money for the armed services, but California and New York opted not to? As a matter of historical fact, that war was also a very close matter. Would a weaker United States have been able to contribute enough unified effort to make the crucial difference?
The Constitution and the Bill of Rights Today
The promised Bill of Rights was the reason that the Constitution won ratification. There is a constitutional process to add or revoke constitutional amendments, but the rights in the Bill of Rights are eternal and can’t be removed. The vote to ratify the Constitution was predicated upon the promises within the Bill of Rights being added. Therefore, to alter or revoke the rights within the Bill of Rights would fundamentally abrogate the Constitution. Americans live under the Constitution and the Bill of Rights, but each new generation isn’t meant to rewrite the document. Despite what some politicians have said, the Constitution is not a “Living, Breathing Document” that is up for interpretation by each new generation. The People’s Republic of China has a constitution, which is as liberal as ours. The difference is that what their constitution means is up to the current generation of the Communist Party. As a result, they live under the tyranny of the state.
Many Western countries have constitutions, such as Canada, Britain and Australia. However, they lack a bill of rights. That’s why there are vastly more people in prison for speaking their minds in, for example, Britain, than in Russia. How do we know as Americans that we have a tyrant running the country that should be overthrown? It’s the Bill of Rights. Any assault upon the rights enumerated within the Bill of Rights is an act of tyranny. The day may come when the three co-equal branches of the federal government fail to protect us and our rights.
As American citizens, each of us has a responsibility to read and study the Constitution, especially the Bill of Rights. It should inform how we live, how we vote and what principles we will defend.
“A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.” – Alexander Hamilton
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