How did the Constitution get written?
Posted by richrobinson 9 years, 7 months ago to The Gulch: General
The Constitution is an amazing document. It has survived a Civil War, two World Wars, recessions, a depression and countless politicians holding offices they were not qualified to hold. I still wonder sometimes how it ever got written in the first place. First, I wonder what it would look like if our current Congress wrote it? How long would that document be? Then I think of how the Founding Fathers were men of great intellect which in many ways must have made the task even harder. These were men of great intellect who had strong ideas and opinions and the ability to debate and defend their ideas. If Ben Franklin, Thomas Jefferson and James Madison took three different positions on a subject how could I possibly figure out who I would support? Ultimately I think it must have come down to two things. They all had a mutual respect and affection for one another and the task at hand was so important that they would not allow themselves to fail. All the more reason the Constitution needs to be defended and protected and it's why I am so offended when anyone belittles or disrespects it. Just something I ponder when I let my mind out to wander.
'T commemorate the September 17, 1787 signing of the Constitution of the United States, Congress has designated September 17-23 of each year as CONSTITUTION WEEK.
In 2004 Public Law 108-447, Section 111 was passed requiring the following:
"Each education institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.
"each Federal agency or department shall provide education and training material concerning the United States Constitution to each employee...on September 17 of each year."
Has this ever been done in your child's school?
It occurs to me that we are so often inundated by the media with "groups vs. groups" issues, that even as Individualists we can forget the importance of an individual teacher, boss or whoever in our lives.
Your post served to remind me that even as I speak of attending this school or that school, and how great is was, it was always an individual teacher in this subject or that who truly inspired me, not the institution itself. And more than once, the exact opposite type of teacher that I somehow knew to ignore.
[Minor edits to missing content]
(In response to a comment below) I've also taken the Hillsdale online course on the Constitution, and was not especially impressed. My question about Andrew Jackson defying the Supreme Court to enforce the unconstitutional Indian Removal Act was ignored in the Q&A period because it doesn't fit their narrative, which is biased even though it's not the same as the biased lefty narrative.
If so, then kudos to the school.
Once again I will return to my Catholic roots, and while I now know, and would never support, the "fire and brimstone, this is a sin, you're going to Hell" approach, and moreover, constant inculcation of guilt, guilt, guilt...behind all the misguided application and irrationality, was a proper desire to teach right from wrong at an early age. And I remember "getting it" to the degree that a 6 year old could, which I would not underestimate.
"Has this ever been done in your child's school?"
I put it on my calendar so next school-year I can ask my kids' school if they're doing something for this.
Another grade daily taught an hour or so of "World History."
Heck, another grade even taught "Alabama History."
Whoa! Memory rush! We even had to sing the Alabama State Song.
https://www.youtube.com/watch?v=tn5zHyn3...
I have not heard that for years and years and years!
That must have been one heck of a well-written chapter I can now only dimly recall.
But I DO remember it for being way back when.
Yes, (The 5000 Year Leap) an impressive book.
Regards,
O.A.
Interesting that you should mention Franklin and the Native American councils. It is equally interesting (but not surprising I'm sure to anyone in The Gulch) how fiction can enlighten you about history and the real world.
On the recommendation of a fellow Objectivist friend and lover of mystery novels, I got hooked on Tony Hillerman's great series involving the Navajo Tribal Police.
That led me to consider the utter stupidity of lumping "Native Americans" into one homogenous group. In general, we are so ignorant about just the numbers of separate tribes, their geographic area of influence, their different cultures and degrees of "civility", for lack of a better term. Some, no doubt, were the primitive warring savages portrayed in popular culture, but many, if not most, were peaceful and some very advanced in their ideologies, to the point of a few having "Constitutions" which the Founders may well have been aware of. And yes, I'm aware that there is controversy about this...but I find this worthy of consideration...let each individual decide...
http://en.wikipedia.org/wiki/Great_Law_o...
Hey, sorry for the rant, but it POETS Day...
The group we celebrate today as the Seminoles are in fact colonists from the very aggressive Creek nation, who invaded the Florida peninsula and committed genocide on the aboriginal tribes there. They were finalizing their conquest when the Spanish arrived and complicated things.
The tribal name Comanche is not what that tribe called itself, but is a Hopi word meaning "attacker". The Comanche were the Mongols of the American plains, having mastered the art of horse warfare before any of the other tribes, raiding and taking slaves and tribute from the less aggressive tribes.
There are lots of other comparable tales of tribal conflict, and many of the wars the European colonists engaged in were in fact instigated by tribal leaders who allied themselves with the Europeans to use their technological superiority for what they intended as their own gain. Unfortunately, the Europeans turned out to be even nastier customers than the Indians, and terribly untrustworthy allies.
A great thread. Some very good comments. If you or others are interested in how the founding fathers worked out their differences and have not yet read the Constitutional Convention Debates, I would highly recommend doing so. There were many serious disagreements and conflicts. Often the debates would become quite heated. Franklin, being the elder statesman, would often sit quietly listening and then offer a suggestion that would give rise to compromise. I would highly recommend reading the Signet Classic, The Anti-Federalist Papers and the Constitutional Convention Debates, ISBN 978-0-451-52884-1. If the Constitution was written today it would end up a disaster. Today's politician's are not the statesmen our founders were. I believe it was Thomas Jefferson, though away in France at the time but in contact by letter with Adams that called the assembly a group of "Demigods."
Regards,
O.A.
The first problem is that the Constitution created yet another Government of Force destined to fail. Since to government means to control, can we really expect otherwise?
I did some time ago an article outlining more in detail, not nearly as extensive as it could be, but I'll ask our self-proclaimed Objectivists to read it:
http://no-ruler.net/3460/failures-of-the...
Indeed, it may have been the best ever agreed to by any group of men, but it was not perfect. Of course getting so many to agree...that is the problem isn't it? “I agree to this Constitution with all its faults, if they are such: because I think a General Government necessary for us, and there is no Form of Government but what may be a Blessing to the People if well-administered; and I believe farther that this is likely to be well administered for a Course of Years and can only end in Despotism as other Forms have done before it, when the People shall become so corrupted as to need Despotic Government, being incapable of any other.”
― Benjamin Franklin
Franklin was right as usual. Still if we could go back to the beginning we could have another tolerable few hundred years... and now, without slavery, avoid the civil war...
Respectfully,
O.A.
The fatal problem with govern is that it's definition is Control, which equals Force (by someone, anyone, else). So if/when we are governed Force is part of the package, right?
Yet we so-called "citizens" are prosecuted for about any manner of Force, while your government is exempt.
You are here on the Gulch seeking not to end to force, but to escape it. Even if we could get away with that, how would hiding from our Rulers cure that dilemma?
What you've written is very true, but the opposite is equally true. The evidence of this is witness how over these last years our Constitution has been unwritten!
Students time is all booked up with (fill in the blank) culture and other remedial studies!
But yes, sadly I doubt that's done anymore.
My guess is your average kid today, even ones from a "good" school, don't have a clue how government works.
It would probably be a lot like the way current "American History" is taught, from what I read and have heard from friends with kids in high school: most of it's content is about the bad, nasty things old white men have done since the US was founded...
And some parts, yeah, actually unwritten....
Unalienable!
Regards,
O.A.
Yes. Monumental and unmatched in human history.
Regards,
O.A.
The fight for individual rights had begun in England with the Charter of Liberties in 1100, and continued through the Magna Charta 1215, Petition of Rights 1628, the English Bill of Rights 1689, and the philosophy of John Locke in the early 1700's. Seen in this light, the U.S. Constitution was the culmination of a 700-year intellectual war successfully waged.
Their common knowledge of this history and agreement with its precepts explains how it got written.
Great comment.
I believe it was Ayn Rand that wrote/said (though I haven't been able to find it again to verify) that the Constitution of the United States could not have been written at any other time in history. Never prior to nor since then have all the conditions been right to accomplish what the founders did. The opportunity, the geography, but most importantly the philosophy. And that is what doesn't exist now, at least not in great enough numbers.
I was hoping that someone on here would recognize it and/or help me find it so I can quote it properly. It seems to apply to so many posts on this site in many different ways. To apply it here is to say that you are absolutely correct. We must defend the Constitution. We must save it now because we surely would not get it re-written correctly now.
Primarily, the Enlightenment philosophy, which soon after declined. And then, the geographical remoteness of the Colonial Revolutionaries from Britain itself gave them enough of an equalizer that would not exist today.
And I so agree with your final point: We have it, we earned it, and we can't let it go without fighting the way The Founders did.
Also a item of note, Jefferson was against a centralized government and felt the articles of confederation were to strong. The articles provided a very week central government.
http://en.wikipedia.org/wiki/Articles_of...
Another thing to wonder about is if Jefferson had not been in France as a delegate of the US at the time of the constitutional debate would it have passed? He would have mustered everything he had to stop it, and I think he likely would have. He predicted that even the articles of confederation would eventually lead to a strong central authority usurping the freedom of man.
In the context of the times I would have been on the side of James Madison, John Jay, Alexander Hamilton and George Washington who were the "big government" guys of the day.
It is interesting to note that James Madison switched sides after the constitution was formed, from a person who was fighting for central government to Jefferson's closest ally in being a watch dog to keep the federal government from over extending its reach.
John Jay I do not kwow what is later attitudes were.
Alexander Hamilton after serving for 6 years in Washington's Cabinet resigned. In his resignation letter he stated that he had developed currency, a bank and foriegn affairs policy for the country and that he thought the federal government now had all the powers it would need for the future, no further powers were needed. When the progressive big government types of today quote his federalist papers to increase the size of government, they fail to recognize the rather important statement by their author stating that the feds have all the power they need 6 years into the Washington US administration.
Washington never made the power grabs that Hamilton did, but seemed to be in agreement with him based on his actions. The first 6 years had been about setting up basic systems needed to have a country. The last two had no new systems or departments but operated more as business as usual.
I was aware he was the first Supreme Court Chief Justice, but other than his activities with Jay's treaty I really do not know much about the man. For the most part, with the exceptions Jay's treaty, some federalist papers and his role in the supreme court, he seems to be missing form the historical accounts I have read.
I will have to look at his early rulings as I have not thought of using those as a method to get to know him better.
"OMG this is soooo boring butt here it gos LOLZ!! We the congress will do whatever the prez wants as long as we still get our $$ and free stuff, we ken also pic how much money we make and get AT LEAST 180 vaca days each year. Reading laws is sooo boring and takes waaaaaay too much time, so all future laws should be presented to us in picture format DUH! We the people blah blah whatever GTG fundraise!! OH NO, that's more than 117 char Twitter limit ;)"
Having read the excerpts of the notes from the Constitutional Convention, it amazes me the depth of knowledge these men had of governmental theory - real political science - and the history of government: what worked and what didn't. They didn't allow fads determine policy or lead them about by the nose, they vigorously debated alternatives of each and every step and how it would tie in with the greater whole, and they expressly forbade a rush to just get anything done. There was no "well you have to pass it so we can see what's in it." These men knew that after they signed it, they would have to take it to their respective state legislatures and get them to sign on. They advocated the positions of their states, while recognizing the supremacy of the envisioned nation as a whole.
I think every American would be better off in many ways to spend an entire class on the Constitution of the United States, how it was written, and covering each and every provision of it. We would not only have a more informed society, but one which I hope would be less susceptible to the lies and usurpations of the politicians.
I fear it would turn out a lot like "The Canadian Charter of Rights and Freedoms", which I only found out about recently in a discussion with a close Canadian acquaintance. My first surprise is that it is a relatively recent document, formulated in the Trudeau years and passed in 1982. It "supplements" their original Constitution Act of 1867. My friend, admittedly quite liberal, described it proudly as an "ever-changing document" which can be amended and override both Federal and Provincial laws by not only their Supreme Court, but lower level courts, also. Ouch.
In what way is that a government limited by principles? I certainly hope we never go down that path....
In practice this means that when Canada's Supreme Court declares a bill unconstitutional, the debate isn't over. Parliament takes the matter up again, and may or may not change the result. (While in the US, Congress also does screw around with the results of Supreme Court rulings, but in less honest ways.)
Second I don't believe it did survive except for it's usefulness in fooling most of the people most of the time, The one's who believe you can and may make a change by ignoring that document. Just because it's not your turn for a visit from the protective echelon doesn't mean it won't happen. Also someone has to keep paying the lawyers..
But the Congress celebrating the Constitution is something like King George doing much the same. For a citizen it's like a turkey walking around the farm on the day before Thanksgiving saying "Moooooooooo." Last I looked the Patriot Act trumped everything.
Unfortunately times have changed.
our employees in the government have sworn to
obey and uphold the constitution. . they are failing
to do this. . we can't fire them. . this is a problem.
a popular uprising, if supported by a compliant
military, could amount to "firing them," but we're
not there yet. . Rand hypothesized a solution, yet
it is ungainly in the current situation. . the secession
of the producers' States would take awhile, but
could work. . what other options are there??? -- j
Fortunately I had educated myself, on my own time outside of the public indoctrination system on rationality and reason by reading everything by Ayn Rand, including her newsletter, I could get my hands on. But still woefully ignorant on the Constitution and the Bill of Rights. I had one good teacher that taught the court system and some of the jurisdictional separation of powers. Guess what? He was good and was a native born German. From there, the next bit of education came from a history class at the University of New Hampshire. The professor required the students to memorize the Declaration of Independence and write it out on paper as a final without reference to anything. Nice.
It wasn't until the 1990's when I got involved in the Sagebrush Rebellion in the West that I really got an education on the Constitution and the intended structure of our government. In my research, I found an old used book in a bookstore in Fallon, Nevada. It was a civics textbook for High School written by a Constitutional professor from an institution in Iowa. Published in 1894. What a gold mine of perspective. Relevant to the Sagebrush Rebellion was the chapter on new States and Statehood. At that time the next anticipated new State to be entered into the Union was Utah, which did occur in 1896. In it the author wrote: When Utah finally achieves statehood, the burden of managing the public lands within its sovereign boundary shall be relieved of the general government and passed to the State. Just imagine, every high schooler 100 years ago using this popular textbook knew that the feds can't retain authority over the public lands within a State. And now it is a huge battle of usurpation.
I'm feeling those that are currently in these positions are in it for other reasons than to represent us, all of us, and to adhere to the Constitution.
Harry Reid is a perfect example of what's wrong with us today. Either he's just a despicable little man, and I'm not talking about his stature, or he's become senile, another reason for term limits and/or age limits. Just look at all of those crazies' from California, and that one that thinks the island of Guam might turn over, the one that was more interested in us putting Solar Power on the battlefield than the actual War the General was fighting. And "please address me as 'Senator`, I think I've earned it". (What an arrogant statement, especially to a General). My reply would have been, "Yes mam". Hopefully we'll learn a lot from this administration, but I'm not going to hold me breath.
And I still think that Newt should give history lessons to everyone taking office in DC.
I'm pleased to see these teachers, that passed and graduated kids that couldn't even read, get real prison sentences. Shouldn't we be doing the same with the people that run the polls and count the votes with results so blatantly false, try them in front of their peers and put them in prison?
What kind of a country are we going to become when we no longer enforce our laws and we have no morality anymore? I'm not going to be here that much longer, but it concerns the hell out of me. We should not be tolerating the daily news that almost everyday puts tears in my eye (this morning the Joint Chiefs of Staff again kowtowing to Obamas politics).
As to what kind of country are we going to become? Let me re-phrase the question - what kind of country have we become? If it wasn't for our residual wealth, that was built and earned over a century, we would be a Third World nation, which is exactly what our sociopath president wants America to be. He sees all wrongs in America to be the fault of White people, so all that must be destroyed to "level the playing field." He utterly fails to comprehend that if it wasn't for the White people, he would be in Kenya with a spear, either in his hand or his back. But, we are getting closer to his ideal.
We are taught, rightfully, not to regard feelings over thinking. I believe we all know that, or I hope we do, is true.
And so we try to change things to a rational, moral point of view.
And so we should...
But, whether we like it or not, and whether reason trumps emotion (which it does)...but...
Yes, I'm older, and yet have a 16 year old son.
And so, although even I called it "emotionally", or almost did,, but I now say "rationally":
I too feel I''m "not going to be around much longer", and it concerns the Hell out of me too.
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