Constitution Day 2007

Posted September 16, 2007 | 11:25 PM (EST)



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What is the most important date in American history? Most of us would swiftly answer the Fourth of July. But think about today, September 17th. On this date in 1787 the convention in Philadelphia completed work on one of the greatest acts of creative leadership of all time, "this Constitution of The United States." Their work rescued America from what Madison later described as "gloomy chaos" and set the world marching toward what we can now see as the Age of Democracy.

Yet there will be no parades today, no picnics or fireworks. Perhaps a library somewhere is sponsoring a talk. Constitution Day will pass largely unnoticed. It is not surprising. Americans have over the last 40 years drifted away from a connection to our Constitution, the document that invented the United States as we now understand it and helped America to become the longest enduring democracy in history (Athens lasted 170 years as a democracy).

We revere the framers. We gobble up books about them and love snippets of their wisdom. They have become our secular gods. Yet we have little sense of what it was they actually invented. We know that the Declaration of Independence proclaimed our liberty. But liberty alone, as it turned out, was not the answer to the question of how to create a successful nation. As the framers learned in the eleven years following 1776, liberty unleashed the ambitions, the self-interests of individuals, factions and states. Selfish behavior was so rampant that the army nearly starved in the field of battle. Farmers took up arms. States threatened border war with other states. The country, if it even was a country, was falling apart. This was the "gloomy chaos" Madison confronted when he entered Philadelphia.

He and his fellow delegates saved America by recognizing that the pursuit of self-interest, which lay behind all the chaos, was fundamental to human nature. Before 1787 self-interest was something that had to be transcended to preserve Democracy. But the Constitution turned "vice into a virtue," harnessing ambition and channeling it into a system of representative government that pit interest against interest to find the greater good. Power was separated and balanced. The system was driven by "conflict within consensus" as historian Michael Kammen summed it up. There had never been a government like it before. This was their great invention: a government that let people be free by recognizing what people were really like.

The power of their invention is inarguable. Out of that sweltering hall in Philadelphia, out of that crisis of the early American nation, emerged a blueprint for government that was designed to let the people govern themselves despite their imperfections. It did not count on people to be selfless or bigger than themselves. "If men were angels, no government would be necessary,' wrote Madison. This new idea for government presumed people would pursue their own interests. Indeed it counted on them to do just that.

And it created paths for others to disagree, and resist them, or argue for something different. Their invention was a government designed to channel these struggles. To impede change until enough people supported it. To force people to the middle To encourage compromise. To spread power around so, in Hamilton's succinct vision, the few could not oppress the many and the many could not oppress the few. A lot could get done if people worked together in this system. But, if they fought each other, it could all grind to a halt.

In other words what they sent out from Philadelphia 220 years ago today was not just a piece of parchment. They created a new set of ideas about government and democracy. They had no idea how effective those ideas would be

The American "experiment" has worked better and lasted longer than any alternative.

But we do not recall all this for a history lesson. Because today, despite all our success, many Americans are feeling deeply frustrated and disillusioned with the functioning of their country. "Our conviction about American greatness and purpose is not as strong today," William J Bennett writes on the very first page of his History of The Untied States.

We are searching for a renewal.

The Constitution itself is a good place to start this day. It is after all what makes us Americans. We are not a country defined, in the words of journalist Ray Suarez, "by blood, or clan, or land origins, or religious belief." Rather, we are held together by the strength of our shared beliefs in our Constitution and its principles -- such as a respect for process, a willingness to compromise, a tolerance for dissent. We call this our Constitutional Conscience

But we have been drifting away from these principles and our modern politics has become brittle, confrontational and uncompromising. Our common bond has been unraveling. Recent experience reminds us that we make mistakes as a country when we move away from how our system was built to work. When people say now they wish The Congress and the media had done more to question the march to war in Iraq they are saying, too, that they wish the leaders of congress and the press had done more to assert their authority, and fulfill their responsibilities, under The Constitution. Even many proponents of the war concede now that the checks and balances did not work well. We believe that is precisely because of a weakening of our sense of our Constitutional roles, our constitutional conscience. Voters do not reward elected officials for executing their constitutional responsibility so it is little wonder that most elected officials don't pay much heed to those responsibilities. "People revere the constitution yet know so little about," Senator Robert Byrd said, "and that goes for some of my fellow senators."

Ronald Reagan, one of our most important 20th century presidents saw this problem coming as he left office. He warned of what he saw as a growing failure to appreciate our own history. Ultimately, he said, this would eradicate "the American memory" and threaten the American spirit. Some years later, Derek Bok the former president of Harvard worried that no one any longer bothers to prepare people to be citizens. Civics has nearly vanished from our curriculums, squeezed out in many cases by the understandable drive to teach science and math. We do that to assure our competitiveness in the world economy. But we should be just as concerned about our moral authority in the world. Moral authority comes from the strength of our principles. We are the inheritors of one of the greatest statements of democratic principles ever written. One piece of rehabilitating our moral authority in the world and our confidence in our selves is to reconnect with our own statement of best principles, "this Constitution of the United States." Franklin Roosevelt, our other great 20th Century president, said we should read The Constitution "again and again" like the bible. Or maybe we should all go to that Library talk.

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To the author of Genius of America I thank you for your gracious comments. May I make an obsservation based upon my research on the nature of leadership. Reagan respected the empirical data that Americans were gradually losing their literacy. But nobody asks why this phenomenon is occurring just after the American Republic witnesssed a Golden Age of innovation, growth and development. Just as our teacher training requirements and knowledge of human motivation and development have made certain leaps, the competence of our young people are in a tail spin with the exception of our previleged class.
The significant fact of our declining organization is the wholesale consolidation and destruction of our farms, businesses, factories and research organizations. At the same time we decentalized naturally monopolistic functions of telecommunications, energy, health and medicine. The decentralized versions of natural monopolies created waste and inefficiencies resembling the Soviet Union. The uprooted factories and farms created consolidation and ellimination of virtually all competition. The jobs of all descriptions representing growing and developing organizations all but disappeared leaving self-confidence, self-esteem and inner balance a distant memory for the middle class.
Without the virtually unlimited opportunity of previous generations, the Americans have made a transformation to faith, pride and fusion with doctinarian groups. And their children, sensing no future, have lost the motive or reason to learn facing a future that neither encourages or rewards knowledge or skill. Before our eyes a generation is arising that sees no future as producing and responsible citizens of our Republic. In truth the only future is for concentrated wealth and power.

    Favorite    Flag as abusive Posted 11:07 PM on 09/20/2007

I spent much of the day conducting a street demonstration celebrating Constitution Day, meeting pedestrians, engaging them in conversation,and handing out cards and Constitution booklets. I do this every year, as well as put on a public access TV program, and public lectures.

I find several distinct kinds of people:
1. Those who know enough about the Constitution to know it is being violated, but who see no clear path to reforming the situation.
2. Those who think they know the Constitution and don't.
3. Those who have special interest agendas and only cherry-pick parts of the Constitution, often distorting its meaning, to serve their agendas.
4. Those who admit they don't know the Constitution and don't know why they should.

The main thing we need to do is to lead people of the first kind to positive courses of action that bring enough success to encourage them to continue. Unfortunately, among the most prominent people there seems to be little clear sense of all that needs to be done and how.

I submit that it is not enough to get people to know the Constitution and what it requires of us, as important as that is. We need to impart the appreciation of the importance of demanding strict compliance with it, more than any other single public issue. It comes down to the public choice problem, and how to instill in succeeding generations the civic virtue that will cause people to vote intelligently for what is good for the country rather than voting their pocketbooks.

Visit http://www.constitution.org for more on this.

    Favorite    Flag as abusive Posted 01:51 AM on 09/18/2007

Ronald Reagan said that? About the Constitution, I mean. I'm nicely surprised! But I'm not so sure I admire him the way you obviously do.

Odd, you pairing him with FDR who gave us the New Deal when Reagan brought us Trickle Down Economics.

But thanks for the reminder about the Constitution which under the present Administration has just about been shredded.

    Favorite    Flag as abusive Posted 10:40 PM on 09/17/2007

Eric and Michael, welcome to HuffPo.

Reagan and Roosevelt were the two great 20th century Presidents?

I guess you guys never heard of John F. Kennedy.

P.S. Keep those Bennett quotes coming. The depth. The insight. The reminder...

    Favorite    Flag as abusive Posted 10:18 PM on 09/17/2007

Right on!

What would our Founding Fathers have said about George W. Bush?

*** Visualize -- and DEMAND -- Chimpeachment ***

    Favorite    Flag as abusive Posted 10:08 PM on 09/17/2007
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I read somewhere that Thomas Jefferson once predicted that given the opportunity, the American people would "vote all of their rights away". In a better informed America, Constitution Day would be a day the streets would be filled with citizens outraged at the dangerous subversion of our rights currently underway.

    Favorite    Flag as abusive Posted 09:45 PM on 09/17/2007

Dear OutsideLookingIn:

The two party system is not part of the U.S. Constitution. Our First President, George Washington warned, in his farewell address, of a two party system. However, I assume, by your comments, you prefer the Italian multi-party system which has totally failed to create a stable government in the past 60 years.
The greatness of our Constitution lies in it being a "living document" able to be interpreted in light of current attitudes and mores, as well as providing a formal avenue of change by amendment. Please read the constitution and study it before you publish absurd criticisms of the greatest document ever written by humans. If, as I suspect, you are unable to read, have a fifth grader read it to you and explain it.

    Favorite    Flag as abusive Posted 09:05 PM on 09/17/2007

To Bladernr1001;

I invite you to cite history in support of your arguments, however, a word of caution, read history before you try to cite it. In fact, only three of the New Deal Programs were declared unconstitutional, most of them were upheld by the Supreme Court. The Agricultural Adjustment Act which was declared unconstitutional was replaced by a similar program which was approved by the Supreme Court when challenged.
Perhaps what you are citing is from Republican Fantasy Land?

In fact, it was Abraham Lincoln who did away with Habeas Corpus when President.

Considering the volume of legislation proposed by FDR in just the first 100 days, 3 being found unconstitutional is an incredible accomplishment.
My apologies to you though . ..in the day of George W. Bush, I'm certain that you would not want the facts to cloud your opinion.

A Professor of Constitutional Law.

    Favorite    Flag as abusive Posted 08:58 PM on 09/17/2007

At birth our Constitution requires that the emerging citizen develops his competence to the best of his ability to "preserve, protect and defend the Constitution of the United States" of America.
Through World War II small independent school districts were required by the diverse States to teach civics which addressed the passing on the inheritance of every developing American to understand his role in preserving, protecting and defending the Constitution.
In sixth grade, I remember vividly learning the steps in introducing and getting a law passed through the Congress, beginning with the House of Representatives. I was also taught the Golden Rule and that every person is created equal under our system of administration. Last, I was taught that our great leaders, Washington, Jefferson, Jackson and Lincoln were compleat with honesty, integrity, wisdom and integrity, all combined as a sense of honor in their roles in furthering the Constitution towards its mission to "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 blessing of liberty to ourselves and our posterity...." The blessings of liberty were not the liberty of "free enterprise" to exert power to destroy and monopolize, or the freedom of elected leaders to have the free right to trample over the rights of citizens in the name of a higher value.
As the people lost their understanding of their role as emerging citizens, the leader of integrity and courage was no longer permitted to have his ideas acknowledged. Only demigoguery reflecting the ambitions and aims of the powerful and personally ambitious and their powerful supporters, were allowed upon the public stage. Now underemployed, fearful or rootless citizens listen to the power hungry candidate who promises everything with no sacrifice while defining his opponents as anti-American.
Now the Constitution is used as a means to unfettered power rather than as an end in itself. And all bets are off for the future of self governance.

    Favorite    Flag as abusive Posted 07:35 PM on 09/17/2007

I'm a teacher. I have been teaching our 7th graders the Constitution during September every year but it is a real struggle. My principal sneers at "civics" and wants me to "get to history." Another teacher, who would prefer to be teaching my classes, sees the Constitution as "bland" and not necessary for 7th graders but also thinks I'm an idiot if I forget which day is Constitution Day. Apparently it's better to celebrate its day than to actually teach what it really is. All I can say is if you could have heard my 7th graders debating both sides of whether habeas corpus should apply to "enemy combatants" last year, you would have had tears in your eyes as I did. They were amazing. Some of their arguments were better than I have heard from some in Congress. And I knew that the "bland" document I actually made them read with me had come to life in their young souls. I wish I could convince other teachers and supervisors that they are not too young and that if one teaches American history after the Revolution without covering the Constitution it makes it almost impossible for them to REALLY understand all that comes after. Teaching it, they get mad at Andrew Jackson for ignoring the Supreme Court and removing the Cherokees, they understand why the Dred Scott decision made so many so angry, all without prompting from me because I gave them the foundation. I wish I could convince my peers, I really do.

    Favorite    Flag as abusive Posted 07:19 PM on 09/17/2007

Thank you for your "struggle" to teach the Constitution. I can tell by the descriptions of your students' responses you've seen how worthwhile your effort is. They are lucky to have you.

I, too, wish you could convince your peers, but you're reaching the important people on this one.

    Favorite    Flag as abusive Posted 09:41 PM on 09/17/2007

Right on.

Kids get this stuff. Adults could take a lesson from that alone.

Lying is wrong. Killing is wrong. Breaking the law is wrong. You deserve to be punished, i.e. IMPEACHED, for doing any, let alone all at once. ESPECIALLY if you're the President.

Time to revive the George Washington and the Cherry Tree fable.

    Favorite    Flag as abusive Posted 10:11 PM on 09/17/2007
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I was just eating this post up, and loving it, until I got to the unexplained implication that Ronald Reagan was a "great president." Ronald Reagan? I know that's the conventional wisdom among the lapdog media and conservatives, but please, don't tell me Ronald Reagan (the original Napster) was anything other than a suit and a haircut without EVIDENCE to the contrary. And don't tell me he broke the Iron Curtain - that baby was already imploding. Heck, the Soviet Union would have disintegrated when it did even if George W. Bush was president at the time.

Your other points are good ones though. So thanks for an otherwise meaningful post.

    Favorite    Flag as abusive Posted 04:36 PM on 09/17/2007

I think I'll head over to my library and hope it has YOUR book!

    Favorite    Flag as abusive Posted 04:16 PM on 09/17/2007

Oh, dear God, here I am commenting somewhere down at the bottom of the garbage dump. All I wanted to do is praise the idea of a national holiday to honor the Constituition. That is brilliant. And what better way to show other countries how committed we are to the principles of democracy, than to celebrate the piece of paper that seals our fate. I'd be interested in hearing more about Chemeresky's commitment to changing the Constitution,...such as why, how, are you sure? Also, was the title of William Bennett's book really unTIED states? If not, way to get me interested in buying his whole collection of works. And, lastly, because I know someone's actually reading this...when you wrote principal, TWICE, you meant principles, RIGHT?

    Favorite    Flag as abusive Posted 04:12 PM on 09/17/2007

Erwin Chemerinksy is one of America's leading constitutional scholars and teachers

Oops, misspelled the man's name

    Favorite    Flag as abusive Posted 04:23 PM on 09/17/2007
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I've always thought we should have a National Holiday to celebrate the Constitution!!!!

Bravo!!!!!

    Favorite    Flag as abusive Posted 03:43 PM on 09/17/2007
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While the Constitution is no doubt an important
document, as the basis for the federal government,
it was not at all acceptable to the 13 United States
until the Bill of Rights was added. It was not until that
happened, when the basic rights of Americans were
secured, that the Constitution became the 'great' document
that we so appreciate today. As of Sept 17, 1787, it was,
in effect, just a promising first draft.

Certain delegates, George Mason of Virginia was one,
were rightly astonished that as of this date, the Constitution
afforded NO protection of civil liberties at all.

    Favorite    Flag as abusive Posted 03:36 PM on 09/17/2007
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