Our Constitution is 236 years old today, quite an accomplishment considering most constitutions fail within 20 years. The US Constitution is the best charter of government ever to define the relationship between man and the state. It may be the best document ever penned by the hand of man. It is based on a fundamentally correct understanding of human nature and its system of separation of powers and checks and balances is pure genius. Its first three words, we the people, the only ones in supersized script, are breathtaking. In an era of despots and monarchs, nothing was more radical than the notion that all power flowed from we the people.

Regrettably, our celebration of Constitution Day 2023 is not one of unleavened joy. Instead, we are slouching toward a post constitutional America. The Constitution is merely 4,543 words on 4 sheets of paper. But alas, the Constitution is not self-enforcing; it requires defenders in every generation as it tends to get diluted over time. Today, the rule of law and equal justice under the law are under siege by progressives who believe the ends justify the means. They weaponize the state to reward friends and to punish political opponents. They attack the Electoral College, Supreme Court, filibuster, Senate and even our first amendment rights.

Progressives attack the Constitution mainly because it makes it slow and difficult to enact change. This is not a flaw of the Constitution; rather, that is its greatest strength. In order for a new law to take effect, the Constitution requires 5 steps.

1. House of Representatives: Designed to reflect the current will of the people.
2. Senate: Originally senators were appointed by and represented states; only one-third were elected every 2 years. Senators’ six-year terms (and also the filibuster) were intended to immunize Americans from transitory passions.
3. President: The president, elected by all the people, must sign any new law.
4. Supreme Court: Justices, appointed for life, make sure laws are constitutional.
5. Juries: When laws involve criminal elements, juries are sovereign and may nullify laws by refusing to convict, as they have done numerous times such as with fugitive slave laws, prohibition, anti-war protestors and sodomy laws.

The drafters of the Constitution were extraordinarily well versed in history and had justifiable contempt for democracy, which they regarded as a form of tyranny – like two wolves and a sheep voting on what to have for dinner. The French Revolution instantly actualized the will of the people; how did that work out? More recently, in the former Yugoslavia, the Serb majority demanded immediate actualization which resulted in chaos, genocide and 140,000 deaths; how did that work out?

The Constitution was designed to make it difficult to pass laws. Our founders believed in limited government and that laws should be enacted only when absolutely necessary, enjoy widespread support and not reflect transient majoritarian passions.

Constitutions are merely words on paper

One nation’s constitution guaranteed freedom of religion, speech, the press and the right to assembly. It provided for the direct election of all government bodies. It promised equal rights in political, economic and cultural spheres.

Another country’s constitution guarantees democratic rights and liberties and the right to vote and hold office. All citizens are guaranteed freedom of speech, of the press, assembly, religion, travel and association.

The first constitution referenced above is from the former Soviet Union; the second is from North Korea. Our American Constitution differs only slightly from those of the USSR and North Korea in promising rights and liberties to the people. However, they all are merely words on paper. If Americans in every generation do not vigorously defend our Constitution, we will end up just like the USSR and North Korea.

A republic if we can keep it

Progressives seek to abolish 236 years of liberty because they believe they know what’s best for everyone and are willing to shred the Constitution to achieve it. The words of the Constitution, no matter how mellifluous, won’t protect us any more than they protected the people of the USSR or North Korea. They are merely words on paper.

Benjamin Franklin’s words are just as poignant today as when he uttered them in 1787. We have a 236 year old constitutional republic, “if we can keep it”. Our beloved Constitution will survive only if we keep it in our hearts and minds and pass that fervor on to the next generation. It is up to us. Happy Constitution Day 2023!

© 2023 George Noga
More Liberty – Less Government, Post Office Box 916381
Longwood, FL 32791-6381, Email: mllg@cfl.rr.com