Know the Bounds

I read a recent opinion piece in the New York Times titled, Let’s Give Up on the Constitution.  In the article, the author advances the idea that the root of the problem with the American government is “our insistence on obedience to the Constitution, with all its archaic, idiosyncratic, and downright evil provisions.”  The author, Louis Michael Seidman, a professor of constitutional law at Georgetown University, wrote, “Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse.“ 

I strongly disagree with Mr. Seidman.  Mr. Seidman and, I fear, many in America don’t get it.  The purpose of the US Constitution is not to define the rights of Americans; its purpose is to limit the power of the US government. 

The delegates that drafted the Constitution at the Constitutional Convention had reason to fear powerful national government; they had declared independence from a British government they believed to be abusive and tyrannical the previous decade and fought a war to retain that independence.  The Treaty of Paris which ended the American Revolution was signed only four years before the Constitutional Convention.  Because the new constitution, which replaced the weak and ineffectual Articles of Confederation, provided more power for the federal government, many people were against its ratification.  In order to sway public opinion, John Jay, Alexander Hamilton, and James Madison wrote a series of 85 essays, known as The Federalist Papers, which explained the various provisions of the Constitution and the rationale behind them.

In the 45^th essay of the Federalist Papers, titled "The Alleged Danger From the Powers of the Union to the State Governments Considered", James Madison wrote, “The powers delegated by the proposed Constitution to the federal government are few and defined.  Those which are to remain in the State governments are numerous and indefinite.” This sentiment is reflected in the 10^th Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  In other words, the US Constitution limits the power of the federal government to only those defined; all other powers belong to the states and the people.

It is not our obsession with the Constitution that has resulted in a dysfunctional political system.  It is our willingness to elect and re-elect leaders that disobey or ignore the Constitution and adhere to party politics instead doing what is good for the country that has caused the problem.  We, the people, are the problem. 

Mr. Seidman wrote, “Even without constitutional fealty, the president would still be checked by Congress and by the states.”  Really?  Congress passed President Obama’s Affordable Care Act without reading it and then the Supreme Court upheld the government’s power to force Americans to buy health insurance as constitutional.  The people we elected created and passed that legislation aided by justices appointed and consented by people we elected.

The US government derives its power from the people it governs. We must ensure that “government of the people, by the people, for the people” continues.  In order to do that, we must exercise our power as voters and elect officials that operate within the bounds of the Constitution.  

The republican form of government, as defined by the US Constitution with its emphasis on separation of powers, limited government, checks and balances, and the rule of law, is essential to protect individual liberties.  Absolute power corrupts just as much today as it did in 1787, and we need the Constitution to limit the power of the government.  Without a written constitution, there is nothing to keep the authority of Congress or the President in check.  If we choose to throw out the Constitution, then what happens to our rights and freedoms?  If we, the people, don’t hold on to our power by being educated, informed, and engaged, then we’ll surely lose that power, just as if we had thrown out the Constitution.

Educate yourself on the Constitution and the limits of government.  Be aware of when it is misinterpreted or misapplied and speak up.  Contact your elected officials and let them know that you understand the Constitution and expect them to abide by it.