Our Constitution - Worth Having, Worth Defending
The Constitution of the United States is the supreme law of our land and is the shield of democracy under which Americans govern themselves as a free people. It establishes the form of the United States Government and the rights and liberties of the American people. But this great document did not drop down like a scroll from heaven. The men who wrote the Constitution were the men who fought the Revolution. They had watched a weak emergency government almost lose the war. They framed the constitution in order to remedy evils which threatened the bring our country to the verge of anarchy. The Constitution made the United States a nation.
Our forefathers thought of civil and personal liberties as the inherent or natural rights which were securely possessed by men before governments were organized. Because of their experiences with rulers and governments which violated the principles of liberty, the writers of the Constitution were careful to protect the rights of the people. The first ten amendments to our Constitution, better known as the Bill of Rights, not only named fundamental rights, but also made sure that other rights not mentioned in the Constitution, would be protected.
However, in order for these rights to be protected, it was necessary for the Constitution to create and effective national government. The framers of the Constitution drew up the kind of agreement which men make when they really want to work together under it for a very long time. One reason the Constitution has remained a living document is that the writers provided a means for growth, change and flexibility in the Amending Process. Thomas Jefferson said, "Some men look at constitutions with sanctimonious reverence and deem them...too sacred to be touched. They ascribe to men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment... But...laws and institutions must go hand in hand with the progress of the human mind. As that becomes more enlightened, as new discoveries are made, new truths disclosed, institutions must advance also, and keep pace with the times."
One of the most remarkable features of the Constitution is the manner in which it distributes power between the Federal and the State governments. Certain powers are reserved for each and there are certain things which each may not do. Then there are some powers which the Federal and State governments have in common. This idea of unity in some things and independence in other things was expressed by Thomas Jefferson when he said, "The true theory of our Constitution is surely the wisest and best, that the States are independent as to everything within themselves, and united as to everything respecting foreign nations."
Not only are powers divided between the Federal and State governments, but also the powers reserved to the Federal government are separated into three distinct and independent departments, or branches - the legislative, executive, and judicial. The purpose of this separation of power is to prevent any one branch of the government from taking over the powers of the other branches, and thus becoming a government by itself. This does not mean, however, that there is a complete separation of the three departments. The Constitution provides for a system of checks and balances, which prevents the three departments from working at Cross-purposes. Thus, while we have the principle of separation of powers, we also have close connections between the departments through the check and balance system.
William Pitt, a great prime minister of England, said of the Constitution, "It will be the wonder and admiration of all future generations and the model of all future constitutions." His predictions have come true, for it has served as a model for the organization of republican governments on both sides of the Atlantic.
The great English statesman, Gladstone, called the Constitution "the most wonderful work ever struck off at a given time by the brain and purpose of man."
Many years before our Constitution was written, Cicero said, "The foundations of justice are that no one shall be harmed, and next that the common weel be served." Our Constitution has this same purpose, namely, to harm no one and to help all. This is most evident to us when we consider the personal and civil liberties guaranteed to every citizen of the United States. The most important right of any citizen is that of the writ of habeas corpus. This protect the citizen against unjust, arbitrary and unwarranted arrest. Under governments which have dictators, men are often taken prisoner or even put to death without specific accusation. In view of the way Communism is spreading in the world today, we should treasure the writ of habeas corpus as a great protector of our liberties.
Liberty is very important. But we must not forget that freedom is not only a means to an end, but also an end. The end is good government, peace and security for all. But peace, happiness, security and good government cannot be preserved without liberty.
With liberty goes responsibility. Americans sometimes think too much of liberty and not enough of responsibility. We must assume our rightful responsibility for the protection of liberty. We must remember also the statement of the United States Supreme Court in the case of C.B. & Q. vs. McGuire, when it said, "Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community."
Our Constitution is still living and valuable after two hundred years, because it has been used. It is still being used, for in recent years, many have used the privileges provided by the Constitution in order to claim their civil rights. At the same time, other citizens have acknowledged these rights as being guaranteed by the Constitution and thus much improvement has been made in this field of civil rights. We must guard the liberty of others, as well as that of ourselves, for if we fail, we will lose not only our freedom but our security, our happiness, and our democratic government.
How can we guard our liberty? By using the provisions of our dynamic Constitution, we can maintain our liberties. we must keep ourselves well informed on the issues of our times, be diligent in exercising our voting privileges, express our opinions and convictions to our representatives in government who can do something constructive about the problems of the United States and we must allow all citizens the same freedoms we claim for ourselves. As Dr. James T. Shotwell so aptly put it, "The maintenance of our liberties depends upon a quickened conscience as to our duties."
Eternal vigilance is the price of liberty. Let us be diligent to protect and defend our Constitution, for it in our protects our lives, properties and freedoms.
Our forefathers thought of civil and personal liberties as the inherent or natural rights which were securely possessed by men before governments were organized. Because of their experiences with rulers and governments which violated the principles of liberty, the writers of the Constitution were careful to protect the rights of the people. The first ten amendments to our Constitution, better known as the Bill of Rights, not only named fundamental rights, but also made sure that other rights not mentioned in the Constitution, would be protected.
However, in order for these rights to be protected, it was necessary for the Constitution to create and effective national government. The framers of the Constitution drew up the kind of agreement which men make when they really want to work together under it for a very long time. One reason the Constitution has remained a living document is that the writers provided a means for growth, change and flexibility in the Amending Process. Thomas Jefferson said, "Some men look at constitutions with sanctimonious reverence and deem them...too sacred to be touched. They ascribe to men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment... But...laws and institutions must go hand in hand with the progress of the human mind. As that becomes more enlightened, as new discoveries are made, new truths disclosed, institutions must advance also, and keep pace with the times."
One of the most remarkable features of the Constitution is the manner in which it distributes power between the Federal and the State governments. Certain powers are reserved for each and there are certain things which each may not do. Then there are some powers which the Federal and State governments have in common. This idea of unity in some things and independence in other things was expressed by Thomas Jefferson when he said, "The true theory of our Constitution is surely the wisest and best, that the States are independent as to everything within themselves, and united as to everything respecting foreign nations."
Not only are powers divided between the Federal and State governments, but also the powers reserved to the Federal government are separated into three distinct and independent departments, or branches - the legislative, executive, and judicial. The purpose of this separation of power is to prevent any one branch of the government from taking over the powers of the other branches, and thus becoming a government by itself. This does not mean, however, that there is a complete separation of the three departments. The Constitution provides for a system of checks and balances, which prevents the three departments from working at Cross-purposes. Thus, while we have the principle of separation of powers, we also have close connections between the departments through the check and balance system.
William Pitt, a great prime minister of England, said of the Constitution, "It will be the wonder and admiration of all future generations and the model of all future constitutions." His predictions have come true, for it has served as a model for the organization of republican governments on both sides of the Atlantic.
The great English statesman, Gladstone, called the Constitution "the most wonderful work ever struck off at a given time by the brain and purpose of man."
Many years before our Constitution was written, Cicero said, "The foundations of justice are that no one shall be harmed, and next that the common weel be served." Our Constitution has this same purpose, namely, to harm no one and to help all. This is most evident to us when we consider the personal and civil liberties guaranteed to every citizen of the United States. The most important right of any citizen is that of the writ of habeas corpus. This protect the citizen against unjust, arbitrary and unwarranted arrest. Under governments which have dictators, men are often taken prisoner or even put to death without specific accusation. In view of the way Communism is spreading in the world today, we should treasure the writ of habeas corpus as a great protector of our liberties.
Liberty is very important. But we must not forget that freedom is not only a means to an end, but also an end. The end is good government, peace and security for all. But peace, happiness, security and good government cannot be preserved without liberty.
With liberty goes responsibility. Americans sometimes think too much of liberty and not enough of responsibility. We must assume our rightful responsibility for the protection of liberty. We must remember also the statement of the United States Supreme Court in the case of C.B. & Q. vs. McGuire, when it said, "Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community."
Our Constitution is still living and valuable after two hundred years, because it has been used. It is still being used, for in recent years, many have used the privileges provided by the Constitution in order to claim their civil rights. At the same time, other citizens have acknowledged these rights as being guaranteed by the Constitution and thus much improvement has been made in this field of civil rights. We must guard the liberty of others, as well as that of ourselves, for if we fail, we will lose not only our freedom but our security, our happiness, and our democratic government.
How can we guard our liberty? By using the provisions of our dynamic Constitution, we can maintain our liberties. we must keep ourselves well informed on the issues of our times, be diligent in exercising our voting privileges, express our opinions and convictions to our representatives in government who can do something constructive about the problems of the United States and we must allow all citizens the same freedoms we claim for ourselves. As Dr. James T. Shotwell so aptly put it, "The maintenance of our liberties depends upon a quickened conscience as to our duties."
Eternal vigilance is the price of liberty. Let us be diligent to protect and defend our Constitution, for it in our protects our lives, properties and freedoms.
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