No One Asked Me But… (July 12, 2023)

By DR. LARRY MOSES

No one asked me but… Last week I proclaimed the month of July American Pride Month for my column. This week I would like to look at the two main founding documents of America: The Declaration of Independence and the Constitution of the United States.

The first of these was written as a formal justification of the 13 colonies’ military revolution against the tyranny of England. The second marked a more peaceful revolution. It established America as a democratic republic. It was the first step toward taking a confederation of individual states and melding them in to a single nation.

The Declaration of Independence rationalized the British colonist rebellion as follows:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness…. 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…

The rebels, who were opposed to British rule, explained that all men are created equal and are given certain rights that cannot be infringed by government. These were listed as life, liberty and the pursuit of happiness.

Many people confuse this statement with the United States Constitution. However, it is not until after a Civil War and the passing of the 13th and 14th Amendments that this sentiment appears in the Constitution of the United States.

We all know that all men are not created equal in many facets of their life. There are many brighter than I. There are those who are physically stronger. The 13th Amendment states each person has a right to freedom and the right to pursue their legal goals within the acceptable bounds of a free society. The 14th Amendment states that all should be treated equally under the law.

Has America always lived up to these standards? This is a rhetorical question because we all know it has not. But we must understand that America was, and is, a growing concept. Are we better today than yesterday? Yes! Are we perfect in our carrying out this statement? Not yet, but we are getting closer and are by far the best at it in the world.

The preamble to the Constitution of the United States explains: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

This foundational document, the American Constitution, was not established by one man, or an elite class, or a military tribunal. It was established by WE THE PEOPLE.

The Constitution by its own acclaim, is the supreme law of the land. Presidents become President by swearing to uphold it. Law enforcement, military servicemen and officers, and most public officials swear allegiance to it.

While it is not often read, it is often quoted. It continues to grow through the amendment process and the Supreme Court provides a running commentary on what it means.

Keep in mind that Supreme Court decisions are not law but they are opinions as to what the law says. Opinions can change and they have done so over the years.

I would call your attention to the Plessy v. Ferguson (1896) decision on “separate but equal”, which was overturned by Brown v. Board of Education when the court ruled separate is inherently unequal (1954).

Most recently Roe v. Wade (1973) was reversed by Dobbs v. Jackson Women’s Health Organization (2022).

While the Court has in the past upheld affirmative action laws, the current Court believes that affirmative action is discriminatory by nature and has no constitutional standing.

Ordinary Americans can and do wade in approving or disapproving Supreme Court decisions.

Some Americans deny the Court’s Constitutional right to decide the constitutionality of a law. The Constitution makes no provision for the court to decide constitutionality of law. Chief Justice Marshall usurped that power in the Marbury v. Madison case in 1803. It was not until after the Civil War that the Court used its power to declare federal or state laws un-Constitutional on a regular basis.
The Civil Rights revolution of the 1960s, bolstered the Courts role in declaring America laws constitutional or unconstitutional.

The purpose of the Constitution is found in its Preamble where six principles are outlined:

1.To form a more perfect Union. The confederation of 13 individual states had proven to be inadequate to govern a nation. Each state was a country unto itself, and the central government could not tax nor could it provide for national defense. It had to rely on the largesse of the states to accept federal laws.

2. To establish Justice. One must keep in mind the Constitution was not written to limit the individual’s behavior, but it was written to set the boundaries of the federal government. The discussions as to whether to ratify the Constitution, or not, centered on the protection of individual rights.

3. Insure Domestic Tranquility. This is a power the federal government has been reluctant to use. When local officials refuse to maintain the peace within the community, the federal government has a Constitutional duty to enter those cities and restore order.

4. Provide for the Common Defense. America’s military is the best in the world. It protects all of the United States and most of the free world. Prior to WWII, the American military consisted of a rather small band of professional soldiers trained to lead citizens soldiers in the case of war. Since that time, the American people have lost their forefathers’ fear of a large standing army.

5. Promote the General Welfare. This allows for government programs to help the poor in a myriad of areas including health, education, work, sustenance, housing programs, etc.

6. Secures the Blessings of Liberty to ourselves and our Posterity. It requires the government to protect the liberty of all Americans. This is a government subservient to the people rather than a people subservient to a government. Most of these liberties are spelled out in the Bill of Rights. However, the 10th Amendment states that any power not explicitly listed in the Constitution is reserved for the states or the people.

Thought of the week…Fly the American flag with pride! Take time to read the Constitution! And teach the children American Pride.