Constitution Month

The Constitution requires leaders to promise to defend it, limits their power if they don’t, and enshrines the God-given rights of the People, just in case. The Constitution promotes liberty and remains relevant today. “I can if I want to. It’s a free country.” I heard this spoken many times in my childhood. When one child tried to stop another from doing something, they would often appeal to the fact that this “is a free country.” They seemed to understand that they had rights no one could take away. The Constitution enumerates certain government powers, delegated by the people, and includes a list of rights it’s forbidden to abridge. Even when a leader wants to trample our rights, the Constitution limits his power. The first line of defense is that every elected official promises to defend the Constitution. Let’s consider three built-in safeguards of liberty. First, the oath of office. Article VI states that elected officials “shall be bound by Oath or Affirmation, to support this Constitution.” This keeps the Constitution fresh in their mind. Hopefully, we elect honest men who keep their promise. Inevitably, dishonest men get elected who have no intention of defending the Constitution, but there is a second safeguard against power-hungry men: the limit of their authority. If the oath of office was the only safeguard of liberty, it would quickly fail. It is almost always the nature of men to abuse power. Therefore, the wise framers put limits on government and those holding positions within it. Limiting flawed humans in power is the only way to create a free society. The division of the government into three branches keeps anyone from having too much authority, which limits the potential for abuse, even by malicious politicians. Each branch is limited to the powers explicitly delegated to it. Even the President has only a short list of delegated powers. The inclusion of checks and balances between branches also prevents abuses. When leaders do try to abuse us, the Constitution contains a third safeguard: the Bill of Rights, which explicitly lists some rights that tyrants are likely to trample. Such a list makes it simple and obvious for the people to recognize many things the government shouldn’t touch. We know we have free speech, freedom of religion, and the right to bear arms, for instance. When the government attempts to abridge any of these, we know sinister things are happening, and we can civilly disobey, rather than let our rights be trampled. In other words, we can say, “I can if I want to. It’s a free country.” The framers understood that men are not angels. From Cain murdering Abel to today’s news headlines, it seems like nothing changes. As long as there have been humans, there has been abuse. Fortunately for those who live in this “free country”, the Constitution has built-in protections for the liberty of the people. As long as human nature doesn’t change, the Constitution will remain as relevant as ever.

Seeking for religious freedom, my immigrant ancestors John Alden and Priscilla Mullins sailed on the Mayflower from England to the new American colonies. They fell in love, claimed and homesteaded land, married, then raised their posterity in their new promised land. Their descendants now number over a million and enjoy the blessings of liberty in large part to the U.S. Constitution. After the colonies declared independence and won the American Revolution, the United States of America had a weak federal government under the Articles of Confederation. In 1787 the Constitutional Convention met in hot, muggy Philadelphia to charter a stronger government. The Preamble of the U.S. Constitution outlines several bedrock principles of democracy. First, the opening words of its Preamble—“We the People”— testify that citizens form the foundation of our democratic republic. Free, fair elections and the consent of the governed are vital to American democracy. Second, the Preamble testifies that the Constitution was created “in Order to form a more perfect Union.” Our government exists to “establish Justice” and “insure domestic Tranquility,” “provide for the common defence,” and “promote the general Welfare” of its citizens. These principles are essential safeguards to ensure a healthy democracy and vibrant sense of community. Another principle of the Constitution is to “secure the Blessings of Liberty to ourselves and our Posterity.” Individual rights are a fundamentally vital. The first ten amendments, or Bill of Rights, protect our civil rights and liberties such as freedom of speech, press, and religion. These amendments establish due process of laws and reserve rights not given to the federal government to the states, or the people. America is a land or opportunity for immigrants seeking a better life. I am grateful for my immigrant ancestors and for the Founding Fathers of our nation. The principles and rights outlined in the Constitution are vital to our future as individuals, and communities, and as a nation. For over two centuries, “We the People” have debated constitutional rights and responsibilities in our communities, states, and national arenas. The Constitution has been vigorously challenged and debated, yet it remains the bedrock of our democracy. The Constitution has proved to be a durable and enduring form of government, Earth’s longest-lasting government charter. The Constitution is truly the cornerstone of American democracy and the foundation of liberty and justice for us all.

The US Constitution is rightly celebrated as the cornerstone of American democracy and a milestone in US and world history. The Constitution has shaped the nation in many ways, and one of the most important is guaranteeing freedom of religion since our founding. While freedom of religion is a valuable principle in American democracy, what exactly does it mean? The phrase “freedom of religion” does not appear in the Constitution. However, the First Amendment begins with the following language, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”. These two phrases in the First Amendment are referred to as the Establishment Clause and the Free Exercise Clause, respectively, and together are said to give the American people freedom of religion. However, these two clauses can sometimes come into conflict. The Establishment Clause dictates that the government should not get involved in religious matters. The Free Exercise Clause dictates that the government should allow people to follow their religious beliefs. In the private sphere, the Establishment Clause and Free Exercise Clause are typically in harmony. If you want to have a private religious service, the Establishment Clause says that the government shouldn’t get involved in that private service and the Free Exercise Clause says that you are allow to conduct such a service. However, when religion enters, or attempts to enter, the public sphere the clauses can come into conflict. For example, should people be allowed to give a public prayer before the beginning of a town hall? If freedom of religion means that the government does not get involved in religious affairs, as indicated by the Establishment Clause, then prayer at government events like this poses a problem because if the prayer given supports to one religion over another (and it’s difficult for it not to), then such a prayer might violate the Establishment Clause. On the other hand, if the people in attendance have a religious belief that a prayer is the proper, or an appropriate, manner to start such an event, then the Free Exercise Clause suggests that the government must, or should, allow such a prayer under the Constitution. How can we resolve this apparent conflict? The answer is democracy. Can people wear religious clothing while performing their duties as a government employee? Can people use a drug for a religious ceremony that has been banned for other purposes? Can the government help pay for a religious group to offer education or healthcare services to others? The US Constitution does not have all the answers to difficult questions, but it gives us a starting point for difficult conversations about freedom of religion and many other issues that are just as relevant today as they were when the Founding Fathers drafted the cornerstone of our democracy. At its best, the Constitution guides our democracy rather than replacing it.