The Power of the Constitution
The Constitution achieved many agreements among widely diverse viewpoints to allow us to move forward as a single nation. Among its notable characteristics we discussed are that it implements the Declaration principles
- that all will be treated as equals before the law, and
- that power comes from God to the people, and then as delegated, to government (instead of the historical pattern in which rulers are given authority, and then subjugate their citizens as they choose).
Also,
• it ensures freedom of speech, press, assembly, exercise of religion, bearing arms, freedom from unwarranted searches, etc
• it radically separates power, horizontally and vertically
(to prevent replacing one bad government with another one...)
• it is built on distrust of power and a knowledge of the nature of man – that “power corrupts”
• it forms a a government created by the people, not forced on them by power or war
• it is built on JudeoChristian principles - core values, so timeless
• it was written by common people, and anyone can read and understand it
• it tightly defines what the government can legally do, and reiterates what it cannot do
• it enables us to change the government peacefully whenever needed
• it guards us against all the enumerated violations committed by the former government
• it has been stable: for 250 years, compared to the average of 17 in other countries
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We also discussed the relationship between the states and the new federal government, the relationship between federal law and the Constitution, the presumed “supremacy” of the Supreme Court, and some current examples of the federal government ignoring and violating its prescribed limits.
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A passing note: Here is a relevant observation from F.A. Hayek regarding the sudden removal of Constitutional liberties when “justified” by an emergency, as we have seen in recent years:
“Emergencies have always been the pretext on which the safeguards of individual liberty have been eroded — and once they are suspended it is not difficult for anyone who has assumed such emergency powers to see to it that the emergency will persist.”
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Our next session explores the Presidency - including the Electoral College, all the times the 25th amendment has been used to remove the President, and interactions between the Presidency and the Congress.
