The Constitution – A Sign of the Times, Then and Now

Query: Fellow Americans, during this time of apparent political upheaval, where do we look for “the better angels of our nature”?

Insight: While our Founders were struggling to produce a final version of the Constitution of the United States, the sign of the times was marked by deep-rooted division about the role of government and the rights of its people. It was a time of turmoil where the struggle with ideas was carried on without a sense of harmony. The debates were charged with emotion and heated arguments related to fundamental principles of government: federal versus state rights — rules of law for the common good versus individual rights. But somehow, someway, they found common ground and arrived at a production of a Constitutional document which was designed to preserve free institutions and humanistic values.

The Situation: Today in America, we hear and read much about the polarization of political discourse, the Constitution and its interpretation, Constitutional oversight, abuse of power, and interference in our electoral process by foreign powers – the debate about the role of government and human rights continues onward. Currently, the “times” are marked with the benefit of the experience of a few hundred years since the time of the ratification of the Constitution. We have the benefit of history and precedent to guide us.

In the early days of the struggle for independence there was much at stake when charting a course where the future was marked with uncertainty. The Founders' primary purpose was to create a system of governance which would assure its citizens a high level of “freedom” to pursue a life of their choice which was not governed by rules and regulations which emanated from the whims of a privileged few. Their challenge was to produce an outcome which somehow would be acceptable and satisfactory to inhabitants of the country who came from different cultures, backgrounds and forms of government. Imagine the differences of opinion which somehow had to be reconciled among this diverse body of humankind?

The Founders knew they had not arrived at a solution which would be a panacea, rather, they forged the creation of a system of government which would allow for the continuation of rigorous debate but they relied upon the common sense and good faith of the American people to find the “better angels of their nature”.

George Washington, in his letter of transmittal of the “Constitution” to the United States Congress, captured what appears to be the ultimate prevailing mood of the Founders. Consider the references to the ideas of “separation of power” and the "art of compromise.” 

Separation of Power: “The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization.”

Art of Compromise: “It is obviously impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest.”

It is evident that the Founders, at the time of the creation and acceptance of the Constitution of The United States and the Bill of Rights, in mutual “good faith”, were able to find common ground. Therein respect for the “rule of law”, to be determined by the newly formed system of government, prevailed. Furthermore, it is obvious that those to be governed unanimously accepted the idea of “checks and balances” in governance and embraced the concept of “compromise” in order to provide for the interest and safety of all.

Conclusion: In the fast-paced changing world in which we live today, the ability to commit time and energy to think simply and clearly, to learn with an open mind without unspoken bias, and to do what is right, because it is right, is more crucial than ever. The founders somehow found a way to engage in common sense and good-faith to collaborate towards a positive outcome. Why not revisit history?

Encourage your family and friends to engage in a rendezvous with the historical roots related to the American experiment with Democracy. The “Preamble” to the Constitution of the United States sets the scene for the foundation related to the “strength” and “wonder” of the United States of America and its people.

The Preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.”

The Precedent of Principle: The Founders, whose differences were embodied within their respective political parties, were realistically leery of the prospect that any single party could, in the words of George Washington: “..become potent engines, by which cunning, and ambitious and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of the government“.

The Supreme Court, through the personage of Chief Justice Warren, established precedent in support of separation of powers, and it specifically did not question the exercise of the investigatory power of the Congress: “The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste.”

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