The US Constitution is the supreme law of the land. It provides the
framework-key word here-for the organizing of the US Government. It does not lay down laws in specifics, but was left open ended enough for interpretation and, ultimately, changes or what are known as amendments. For there are many things that the founding fathers could not and did not foresee that required changes.
But the Constitution was and is not found to be perfect. Justice Thurgood Marshal stated that the US Constitution was "defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today."
And even though it still has not been perfected, it is reaching toward perfection, and even from the outset with great chance for perfection coming from imperfect composers, a minor miracle occurred: "For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection it does" (Benjamin Franklin).
Perfection is not something that comes easy nor should it be in regarding the legal ramifications of a document that protects the rights and freedoms of hundreds of millions of citizens. One can observe the strength of the document and the will of the people to maintain its integrity in the sheer volume of rejected amendments. Over the years there have been hundreds and hundreds of proposed amendments. For example, from the 101st to 106th sessions of Congress over 800 amendments were proposed. As any captain knows, to maintain the integrity of the hull of his craft is primary in keeping the ship afloat. So far the craft has yet to reach perfection, but the hull's integrity is on the up 'n up.
But what specifically does the US Constitution entail? What's it all about above and beyond getting too lost in the details and sometimes moot points or arcane language? This we will get into as we go through the seven articles, their sections, and the twenty-seven amendments over the coming months, but for now, let's take a general overview.
The US Constitution defines the three main branches of the government: the legislative branch consisting of Congress, the executive led by the President, and the judicial headed by the Supreme Court. These branches are said to provide checks and balances and a "separation of power"' or those powers given ; however, others believe that this power is not so separate that there is an overlapping of powers: "The constitutional convention of 1787 is supposed to have created a government of seperated powers.' It did nothing of the sort. Rather, it created a government of separated institutions
sharing powers" (political scientists Richard Neustadt).
More than anything, however, can be found the importance of the human element above and beyond any words one may find on paper: "I often wonder whether we do not rest our hopes too much upon constitutions, upon laws, and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the heart of men and women; when it dies there, no constitution, no laws, no court can save it" (Judge Learned Hand).
One can see the limitations of this document if the minds and hearts of the men and women who use it become corrupted in the extreme.
The Constitution has inherent "checks and balances" beyond what many may understand that "you must first enable the government to control the governed; and in the next place oblige it to control itself" (James Madison). This document is meant to be a guideline, but it is up to the majority of those superior in insight, moral and ethical appeal to do what is best to protect and serve all but also those in the minority whose inalienable rights may be infringed upon. But it is the human element in the equation that is the most interesting, important, and often times, humbling.
"Reader, suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself" (Mark Twain).
It is certainly made imperfect in the very statement that set the stage for its possibility: "We hold these truths to be
self-evident: That
all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness..." However, therein many found themselves deselected: the slaves of Massachusetts petitioning for their "unalienable rights to freedom" in 1777; white men
without property seeking the vote; The Cherokee Nation believing that American Indians should be protected under the Constitution; women arguing that they too were a part of "We the People." However, the biggest human contradiction came from the founding penman himself, Thomas Jefferson, a slave owner, owner of men not free physically or politically. Nevertheless, it is the document that began it all and has, like it's composers, matured over time, working toward the inherent ideal through the imperfect natures of the men and woman who mold and shape this work of political and ethical art.
Please follow along in this year of the vote (2008) as we take a compulsory look at this most liberating of documents known to man.
To follow: Article I, Sections 1-10
