NORMAN — What’s so inspiring about the Constitution anyway?
Answer: It isn’t the Republicans. It isn’t the Democrats. It isn’t the social programs. It isn’t the military.
Yet, something is inspiring about our Constitution.
After all, every single country in the world except for a few have written constitutions, which are all based to some degree on America’s.
Something must be said for the influence of our system of government with such widespread imitation.
Our Constitution begins simply enough. It aims 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.
Most other governments in history strove for the same thing our Constitution achieved: a happy people who can go about their lives without worry about the safety of themselves, their family or their property.
However, history’s record of ensuring freedom for the world’s populace is not the best. Between kings, dictators and demagogues, most people in the world have lived under the oppression of a select few.
That changed in America with the ratification of the Constitution in 1787. Since that time, freedom spread from place to place, race to race, and country to country.
It could be said then that the aims of the writers of the Constitution were a success. How the Constitution achieves these goals lies the inspiration of the document that governs our country.
Dallin H. Oaks, who was a Utah Supreme Court Justice and attorney for many years said there are five principles, and perhaps more, that can be found through a careful study of the Constitution and the history of its creation. All of these principles had been discussed for many years prior to 1787, but never implemented before the Constitution’s ratification.
First: Separation of powers. The idea of the power to judge the law, create the law and enforce the law residing in separate and distinct entities was an idea that England practiced to some degree for many years. Parliament created the laws and the king enforced the law. It is easy to see if those three powers resided in the same entity, conflicts of interest would arise and corruption be ensured.
Second: A written bill of rights. This gives the public knowledge about what their government can and cannot do. What would life be like if someone could be arrested and even executed just because the rulers that be didn’t like what that individual said? Freedom of speech, freedom of assembly, freedom of religion and the right to not be subject to unreasonable searches and seizures are a blessing indeed.
Third: Division of powers. This is different from number one. The states created the federal government, not the other way around. The federal government was a compact between states where the states gave up certain rights and powers to the national government and retained the rest. If one doesn’t like what a state does, it is a simple process to move to another state, at least in comparison to moving to another country.
Fourth: Popular sovereignty. The people are the source of all government power. Enough said.
Fifth: The rule of law and not of man. If it were the rule of man, then any group could not be secure. They would be subject to the emotional state of those wielding the power. Therefore, the Constitution protects all minorities from the majority.
So, what’s so inspiring about the Constitution anyway?
Answer: freedom for more people than at any other time in history.
John Walker 366-3527 jwalker@normantranscript.com
