Would We the People Ratify the Constitution Today?
We the People are the opening words of the preamble to the Constitution. Many patriots glory in that name, “We the People” holding it aloft as a banner against the encroachments of an ever expanding central government. In the minds of many it is connected somehow to Lincoln’s famous description of America’s government, “Of the People, by the people and for the people.”
Both of these were revolutionary terms when first spoken.
The people of the founding generation did not think of themselves as “Americans,” instead they saw themselves as citizens of their respective States. The thirteen colonies, with the singular exception of North and South Carolina, were each founded as separate entities. Each had its own history and relationship with the crown. They banded together for the Revolution during which they established the Continental Congress under the Articles of Confederation. This established a confederation composed of thirteen independent States.
When the secretly drafted Constitution was finally revealed to the public many of the leading lights of the Revolution were enraged by what they saw as a counter-revolution seeking to supplant the legally constituted Confederation of States in favor of a consolidated central government. Some of them say the truth was revealed in the first three words, “We the People.”
Every school child can recite the most famous words of Patrick Henry, “Give me liberty or give me death.” You probably said those words in your head before you read them once you saw his name. He is synonymous with America’s defiance to tyranny. While these famous words ring in the heads of all, few know his opinion on the Constitution.
At the Virginia Ratification Convention in 1788, Patrick Henry said,
And here I would make this inquiry of those worthy characters who composed a part of the late federal Convention. I am sure they were fully impressed with the necessity of forming a great consolidated government, instead of a confederation. That this is a consolidated government is demonstrably clear; and the danger of such a government is, to my mind, very striking. I have the highest veneration for those gentlemen; but, sir, give me leave to demand, What right had they to say, We, the people? My political curiosity, exclusive of my anxious solicitude for the public welfare, leads me to ask, Who authorized them to speak the language of, We, the people, instead of, We, the states? States are the characteristics and the soul of a confederation. If the states be not the agents of this compact, it must be one great, consolidated, national government, of the people of all the states.
Ever since the Civil War fatally warped the original federal structure and We the People became a reality the central government of the United States has assumed more and more power until today totalitarianism appears to be within its grasp. I am not referring to the crude overt totalitarianism of a Nazi Germany or a Soviet Russia instead I am referring to a soft totalitarianism, a kind of nanny state smothering of individual freedom, personal liberty and economic opportunity. After the complete subjugation of the States to the central government by the Lincoln administration combined with the increased mobility of the modern era, we the people actually became the way most people think of themselves.
In America today we have a president who in a 2001 interview expressed his inner most thoughts about the Constitution,
If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that.
That is as clear a statement of the way our Progressive leaders view America’s founding document, a charter of negative liberties. A charter that they believe needs to be expanded with a second bill of rights first proposed by FDR in his 1944 State of the Union Address,
1. A realistic tax law—which will tax all unreasonable profits, both individual and corporate, and reduce the ultimate cost of the war to our sons and daughters. The tax bill now under consideration by the Congress does not begin to meet this test.
2. A continuation of the law for the renegotiation of war contracts—which will prevent exorbitant profits and assure fair prices to the Government. For two long years I have pleaded with the Congress to take undue profits out of war.
3. A cost of food law—which will enable the Government (a) to place a reasonable floor under the prices the farmer may expect for his production; and (b) to place a ceiling on the prices a consumer will have to pay for the food he buys. This should apply to necessities only; and will require public funds to carry out. It will cost in appropriations about one percent of the present annual cost of the war.
4. Early reenactment of the stabilization statute of October, 1942. This expires June 30, 1944, and if it is not extended well in advance, the country might just as well expect price chaos by summer. We cannot have stabilization by wishful thinking. We must take positive action to maintain the integrity of the American dollar.
5. A national service law—which, for the duration of the war, will prevent strikes, and, with certain appropriate exceptions, will make available for war production or for any other essential services every able-bodied adult in this Nation.
According to Cass R. Sunstein, the former administrator of the White House Office of Information and Regulatory Affairs, President Obama not only believes in FDR’s Second Bill of Rights he seeks to implement them,
As the actions of his first term made clear, and as his second inaugural address declared, President Barack Obama is committed to a distinctive vision of American government. It emphasizes the importance of free enterprise, and firmly rejects “equality of result,” but it is simultaneously committed to ensuring both fair opportunity and decent security for all.
In these respects, Obama is updating Franklin Delano Roosevelt’s Second Bill of Rights.
We are in the grip of the Federalists on steroids bent on redistributing their way to total power. The question before us today is, “Would we the people ratify the Constitution today?”
Even Conservatives believe in a safety net. Everyone contributes to and hopes to receive from Social Security. No one wants people dying in the streets because they can’t get medical care so Medicaid is available to the uninsured. Of course Medicare is considered a right for anyone over 65. Unemployment is an accepted part of the safety net as are food stamps. If you add up what is already accepted and expected then throw Obamacare into the mix and you see we have become a society addicted to entitlements all of which would fail the test of a strict interpretation of the Constitution.
The 10th Amendment says, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The power to do any of these entitlements is not delegated anywhere in the document as it is written, only as it is interpreted.
So would we the people ratify the Constitution as it is written today? I think not. A living document has turned the Constitution into a dead letter and the entitlements we have all accepted have turned the descendants of the Founders, Framers, and Pioneers into supplicants standing before the federal throne waiting for a check.
Only a re-birth of self-reliance, a renaissance of historical perspective and renewed political activity have a chance to bring about a rebirth of liberty in the land of the free and the home of the brave.
Keep the faith. Keep the peace. We shall overcome.
Dr. Owens teaches History, Political Science, and Religion. He is the Historian of the Future @ http://drrobertowens.com © 2014 Contact Dr. Owens email@example.com Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens / Edited by Dr. Rosalie Owens