I have now come
to the end of the clauses and provisions of the Constitution of the United
States and its Bill of Rights. Along
with my readers, I have studied the Constitution clause by clause and provision
by provision for nearly six years. Over
that period of time we have studied nearly 300 provisions as I have picked them
apart and tried to make them more easily understood. I am appreciative of W. Cleon Skousen (The Making of America – The Substance and
Meaning of the Constitution) and The Heritage Foundation (The Heritage Guide to the Constitution) for helping us in our studies.
The Constitution of the United
States was written over two centuries ago as a follow-up to the Declaration of
Independence. After declaring
independence, our Founders understood that they needed to form a government to
maintain that independence. Most
Americans feel a sense of awe and reverence for the Constitution, and citizens
of other nations admire it.
Edwin Meese III wrote a chapter
in The Heritage Guide entitled “The
Meaning of the Constitution.” He began
his chapter by explaining, “Part of the reason for the Constitution’s enduring
strength is that it is the complement of the Declaration of Independence. The Declaration provided the philosophical
basis for a government that exercises legitimate power by `the consent of the
governed,’ and it defined the conditions of a free people, whose rights and
liberty are derived from their Creator.
The Constitution delineated the structure of government and the rules
for its operation, consistent with the creed of human liberty proclaimed in the
Declaration” (p. 1).
There are several principles
contained in the Constitution that form the foundation for its greatness. One principle is the diffusion of power. Government power on the federal level is
divided between three equal branches of government – executive, legislative,
and judicial. The power of government is
also divided between the federal government and the states.
Mr. Meese stated that by this
diffusion of power, “the Constitution’s Framers devised a structure of
government strong enough to ensure the nation’s future strength and prosperity
but without sufficient power to threaten the liberty of the people” (p. 1).
According to Mr. Meese, there
are “several important themes” in the Constitution: (1) The first theme reflects “the mandate of
the Declaration of Independence” and recognizes that the “ultimate authority of
a legitimate government depends on the consent of a free people” or “We the
People” (p. 2).
(2) A second theme is the “concept
of checks and balances.” James Madison
wrote in The Federalist No. 51, “In
framing a government which is to be administered by men over men, the great
difficulty lies in this: You must first
enable the government to controul the
governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the
primary controul itself. A dependence on
the people is, no doubt, the primary controul on the government; but experience
has taught mankind necessity of auxiliary precautions.”
Mr. Meese continued, “Thus, the
separation of powers frustrates designs for power and at the same time creates
an incentive to collaborate and cooperate, lessening conflict and concretizing
a practical community of interest among political leaders” (p. 3).
(3) A third theme is the concept
of federalism. Reacting to problems in
the Articles of Confederation, the Framers created “a government that was
neither wholly federal nor wholly national but a composite of the two….
“The institutional design was to
divide sovereignty between two different levels of political entities, the
nation and the states. This would
prevent an unhealthy concentration of power in a single government….
“But institutional restraints on
power were not all that federalism was about.
There was also a deeper understanding – in fact, a far richer
understanding – of why federalism mattered….
“It is this understanding, that
federalism can contribute to a sense of political community and hence to a kind
of public spirit, that is too often ignored in our public discussions about
federalism. But in a sense, it is this
understanding that makes the American experiment in popular government truly
the novel undertaking the Framers thought it to be” (p. 4).
Concluding his chapter, Mr.
Meese wrote, “The Constitution – the original document of 1787 plus its
amendments – is and must be understood to be the standard against which all laws,
policies, and interpretations should be measured. It is our fundamental law because it
represents the settled and deliberate will of the people, against which the actions
of government officials must be squared.
In the end, the continued success and viability of our democratic
Republic depends on our fidelity to, and the faithful exposition and
interpretation of, this Constitution, our great charter of liberty” (p. 6).
The Constitution of the United
States is the supreme law of our land.
We must protect and preserve this law in order to remain free and
independent. The Constitution has proven
itself for over 200 years. As we remain
true to its provisions, it will continue to protect our liberty.
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