On September 17, the United States Constitution will be 235 years old, the oldest of any country’s constitution that ever existed. One might say, “Anything that old surely cannot be relevant today.” Following are only a few of the reasons why our Nation’s Constitution has withstood the ages.
After the Revolutionary War, the thirteen colonies were united under the Articles of Confederation. There were many reasons why these were not the best of this new republic. One, the government had no power to tax or develop a currency. It did not control international or intra-state commerce; each state did its own thing and printed its own money. There was no provision for an executive or judicial branch. There was only one body of lawmakers and each state had only one vote regardless of its size or population. The lawmakers sat behind closed doors so there was no transparency.
A Constitutional Convention was called in 1787 with each colony sending delegates. One of these was James Madison who is generally considered the “Father of the American Constitution.” Madison, along with other delegates, represented the state of Virginia. The harsh rule of England and the bloody years of battle were still fresh in the minds of all the men attending this Convention. They abhorred tyranny and designed the Constitution in very way to avoid the possibility. He insisted that “ the primary control of the government remains always with the people” He warned against the “allurement of political power.” Therefore, he proposed a system of checks and balances within the three branches of federal government. By this means each branch could guard against usurpations of power by the others. This in action results in the executive veto of legislative bills, the legislative override of the executive veto, the required Senate confirmation of presidential appointments to the Supreme Court. The Judicial Branch was intentionally made less strong because the judges were not to be chosen by the people and they were to serve a lifetime appointment. All of these safety measures were to guarantee the separation of governmental powers and the protection of the peoples’ right and liberties.
Madison also promoted the two-house legislature; one with equal representation regardless of the state’s size and the other to be based on number of residing citizens. Madison believed that “the obligation of every human being to God is higher than that of his duty to country. Freedom of conscience is an inalienable right because ‘what is here a right towards men, is a duty towards the Creator’. Before human beings are members of a civil society, they are subjects of the ‘Governor of the Universe’.” [Quoted from Madison’s own words written in 1785]
The Constitution almost failed to be ratified by the required number of states. Why? Because the people did not feel their individual rights were given enough protection. Madison was the leader in submitting the first ten amendments which we know as the Bill of Rights. Amendment One guarantees the five basic freedoms of religion, speech, press, assembly and the right of grievance. The Second Amendment pledges the right to bear arms. Three states that government soldiers cannot be housed in our homes without our consent, The Fourth protects us from search and seizure. The Fifth states that a person does not have to testify against himself or to be deprived of life, liberty and/or property without due process of law. Amendment Six gives each citizen the right to a speedy trial and Seven promises a trial by jury of one’s peers. Eight protects against cruel and unusual punishment. Nine states that these are not the only rights guaranteed. Ten is a big one in that all other powers not specifically given to the federal government are reserved for the States, commonly know as “States Rights.”
September 17, 2022, marks 67 years that the Daughters of the American Revolution have called attention to and celebrated Constitution Week. We urge each person living in the United States of America to read the Constitution and understand what freedoms we are promised. Guard these rights so that we do not lose them.
A very wise man (Edmund Burke) once said “The only thing necessary for the triumph of evil is for good men to do nothing.”
Beth Koostra, Regent
Phillip Hamman Chapter, NSDAR