Story Category: Politics »

Wouldn’t the civility we need in American dialogue show up if we realized that while nostalgia may form our vision of America, that vision is not the same for everyone? Nowhere is the lack of civility, and intelligent dialogue for that matter, more present then surrounding the U.S. Constitution.  So many today argue about the need to “protect the constitution,”  “uphold the constitution,” you get the idea. 

There is this vision that the common man sat around a table illumined by celestial light and waited for God to speak to them like Moses on the mountain and wrote a constitution.  Certainly the “common man” would not have proposed that only land-owners could vote right? Would one of our own “regular Joes” propose only a person with a certain net worth could serve as president or that the president should serve for life? Most importantly, this idea that the writers intended their document to be upheld exactly like it was written for all time has no foundation in reality or fact. The Federalist Papers, the documents holding the first hand accounts and debates of those drafting the constitution while they were writing it, flat out say the constitution should evolve, change, and grow as the needs of society change. 

This fact is proven in many ways. The first and foremost proof is the clause of the constitution written during the 1787 convention that gagged congress from addressing slavery until well into the 1800’s.  Doesn’t this prove that the writers of the constitution expected the constitutional principles to evolve at some point? They had to put in the slavery clause in order to get South Carolina to go along with the document overall and knew at a future date the Country would change this.  What about the 3/5ths clause? Doesn’t this suggest that the framers knew in an uncanny way that certain principles would evolve over time and the people would need a constitution with the room to evolve? Sometimes the Supreme Court says “we are not ready” and strikes down a law, sometimes they say “we are ready” and they uphold or enhance a law.  These are essentially the issues, which they are appointed to discern.

There is an old saying that the constitutional convention was attended by the “well fed, well read, and well wed.” The Constitution was drafted by 55 individuals at least 35 of whom were lawyers.  Nineteen never even showed up . The point is, the every day American had no part in this process and were purposely excluded because it was thought the average citizens were not informed enough or disciplined enough to stay learned about their government.  It is not until later, evolving through various historical periods, that the average citizens becomes part of the dialogue of government. The document itself becomes ours throughout our 230-Year history as the court evolves and we change.

Some sets of Justices throughout Supreme Court history have interpreted the Constitution literally and others have come in and completely overturned precedent. Marbury vs Madison sets the courts precedent to review the constitutionality of a case and then Dred Scott vs. Sanford, Plessy vs. Ferguson, Brown vs. Board of Education, Bush vs. Gore, are all instances where the court either shocked by dramatically upholding, or going against the Constitution to meet the changing societal needs.  One cannot treat the Constitution like it should stay the same and be taken the same as it was in 1789.  Already by the end of the 1700s presidents were stretching its limits with legislation like the Adam’s albatross Alien and Sedition Act, which in a literal sense is about as unconstitutional as you can get. 

While people like Ron Paul have made careers out of challenging the establishment’s relationship with the Constitution, it is precisely that system in place today that has contributed to America’s success, evolving ideas at just the right time.  We are not viewed as the land of the free because the Supreme Court has upheld constitutional principles based on strict literal interpretations all the time. We are viewed in the light that we are because of a unique timing and an ebb and flow that seems to keep us right on track socially.

Abraham Lincoln believed that Government should do what individuals cannot accomplish by themselves. Healthcare is one of those things. The industry is huge, expensive, and there are 50 million Americans currently excluded from care.  Not just “moochers” but business owners, families, single people, and individual cases spanning every socioeconomic level.  People are turned down and denied for bogus reasons every day. It is amazing that we can overlook billions and trillions of dollars spent on so many other facets of public service and infrastructure but when it comes to the idea that we make ourselves healthier, less obese, and get more preventative care, many Americans want no part of it.  Many non-partisan economists believe healthcare will not get fixed without government intervention. Due to opposition, certain parts will likely be extracted and that’s OK. This is how it should be. Nothing is perfect from the start but parts are upheld and some parts fail. That is the evolution of American principles.  

Lastly, those that are going to throw around what the framers intended should do their homework first. Constitution, Federalist Papers, 230 years of Supreme Court Rulings, Who was there, what was the political, economic, and social climate, etc. Thomas Jefferson knew our republic would only work with an educated citizenry. It is a joke how many people throw out their catch phrases about how America should be based solely on the memory of cookouts with their grandparents, the rallies during college and memories from how they felt watching fireworks on July 4. 

It is the right of individuals in this country to feel however they want to about the interpretation of the Constitution.  That is one of the rights outlined in it.  However, since America is different for everyone and no one group has a claim to have the law their way and exclude others, we should at least open ourselves to hoping that America works for everyone, that we are all in this together, and that we are only as strong as our weakest links.