Of the Constitution and the Ever-Fresh Idea of Freedom

It seems that the days of trial and testing of our Constitution are not over.  Perhaps they never will be until the Author of the Constitution returns to the earth.  The Obamacare statutes unfold as the time approaches when people will be required to buy government-designed health insurance whether they want it or not.  The Environmental Protection Agency continues to impose on industry rules that Congress refused to pass.  The new financial consumer czar, with no meaningful oversight or accountability, exercises his will to design financial services for all Americans, even though he was put in office by a recess appointment made when the Senate was not in recess (skipping the uncomfortable Senate confirmation process).  There is more, but these examples represent the challenge.

Under the inspiration of God, the Founders established the Constitution to protect, preserve, and indeed promote the rights of all to life, liberty, and the pursuit of happiness.  That is the legitimate purpose of government, as the Founders inscribed in the Declaration of Independence, considering it self-evident,

That to secure these Rights, Governments are instituted among Men, deriving their just powers from the Consent of the Governed,

that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

In this effort the Founders twice abolished and instituted new basic forms of government.  The first was to throw off their allegiance to the Crown of England and control by his Parliament.  The second was to exchange the loose and ineffective Articles of Confederation with the new Constitution.

The Constitution was and remains a revolutionary document.  With footings based solidly on the indestructible rights and worth of the individual members of the society, it was unlike anything anywhere on the earth at the time.  At the core of the Constitution, and affecting all of its members, are the overriding and animating principles of life, liberty, and the pursuit of happiness, constantly at war with and destructive of all forms of tyranny. 

Among the first fruits of the Constitution was the Bill of Rights, the first 10 amendments, all so wholly consistent with the Constitution that the only objection raised to them was that they were redundant to the basic text that they amended.  Maybe they were redundant, but time has proven the wisdom of spelling out these powerful and important rights of the individual.

They were soon challenged.  Once in government it is natural and expected that government leaders would become progressively intolerant of criticism and opposition.  Government “of the people” does not make government automatically friendly to the people and tolerant of their freedoms.  We see it today, every day.  In 1798 the Federalist Party leaders in government passed the Alien and Sedition Acts, inimical to the Constitution, in significant part to silence opposition voices from the new Democratic-Republican Party.  The Acts sought to declare criticism of public figures to be libelous, punishable by fines and imprisonment.  Under these unconstitutional statutes newspapermen were arrested and their newspapers stopped, among other outrages to liberty.    

Fortunately, the Constitution was not impotent to throw off this new effort to impose an old tyranny on the nation.  Thomas Jefferson led a popular revolt through the elections of 1800 to expel the Federalists from office, repeal these statutes, and launch a renewed spirit of governing focused on individual rights and liberties.

In succeeding years the inconsistency of human slavery with the principles of the Constitution grew increasingly acute, until in 1861 the leadership of most of the slave-holding states concluded that it would be impossible to maintain their “peculiar institution” if they remained governed by the Constitution.  They understood that they could maintain slavery or observe the Constitution, but not both.  Eventually, the spirit of freedom at the core of the Constitution would work to end slavery, by operation of the very constitutional system. 

Since the Union created by the Constitution would not allow the states to leave peacefully and take their slaves with them, the southern leadership invoked rebellion as the only way out.  Theirs, however, was a rebellion to invoke and support tyranny, and it failed.  The revolutionary American Constitution and the people on whom it rested won yet one more victory for freedom.  As Abraham Lincoln perceived, the war of the rebellion was a test of “whether that nation, or any nation so conceived and so dedicated, can long endure.”

That nation, conceived in constitutional liberty, did endure that test, but the tests never end.  There are ever those who believe that they have the privilege, the calling, the right, or even the duty, to impose their will and judgment on others in ways destructive of life, liberty, and the pursuit of happiness. 

Not every assault on freedom and the Constitution fails. There have been too many that have succeeded.  So far the Constitution and the people who uphold it have withstood these assaults, even if at great cost.  The Supreme Court’s outrageous Dred Scott decision and the foolish Kansas-Nebraska Act were last gasp efforts to perpetuate the tyranny of slavery, but in the end they sparked the birth of the Republican Party and fed the Civil War that removed slavery and extended the reach of the principles of the Declaration and Constitution.

Today as a nation we face the sputtering final efforts of the Franklin Roosevelt legacy to enthrone government as the source of solution to people’s problems—and to buy popularity with government-laundered largesse confiscated from a dwindling pool of taxpayers.  That is a hoary practice of kings and Caesars that buys time but no lasting success.  The money always runs out before the promises do. 

The question that remains for us and for our Constitution is how well will we as a people, and our Constitution as a system of government, weather the demise of the New Deal system.  Acute test of freedom approaches again, if not already here, when we will determine whether our “nation so conceived and so dedicated, can long endure.”  I have confidence that it will, and—in the words of Lincoln—that the American people will decide “that this nation, under God, shall have a new birth of freedom,” as it has in all of its greatest tests so far.