Monday, August 25, 2014

What the Founders Sought . . .

It has become fashionable to talk of a “Living Constitution” and to downgrade the original as being “out of date”.  The idea that it was written over two centuries ago should be sufficient in some people’s minds to warrant a change or rewriting.  For some reason they seem to think that because we live in a different century we should therefore write a document for the times.

What is being forgotten or intentionally overlooked is what the Founders were trying to accomplish.  What were they seeking when they created our Constitution?

One mistake that seems to be popular today is to claim that our Constitution is based on the Bible.  The other side says that is not so.

Our opinion?  Neither side has it right.  They, like most readers, automatically inject their own ideas into the words they read.  They “interpret” the words in order to have them support their prejudices or what they would like them to say or mean.  Such an approach invariably leads to a “mis-interpretation” or “mis-understanding” of what the Founders sought.  It attempts a contemporary explanation rather than an appreciation of the words themselves.
 
Let’s be specific.

The Founders sought to create a civil government managed by self-governing individuals.  Note the emphasis on self-governing.  They didn’t attempt to create a “Kingdom of God”, witness the fact that the word “God” does not appear in the text.  The reference to the date of execution is stated as “in the year of our Lord”.

While the Founders were religious individuals, they had witnessed and knew enough of the problems created by a mandated national religion (the Church of England) and the Catholic Church to want no part of such dictated worship.  Thus, the oft misunderstood “establishment” clause.  The words state quite simply that the federal government cannot establish a national religion.  The Amendment further states that you cannot be “prohibit[ed] the free exercise thereof.”  Any problems understanding that?  You are, by right, able to practice your religion as your conscience dictates, anywhere and at any time, no government interference.

Believing as strongly as they did, they injected for the Senators and Representatives that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

The few words included in the Constitution state quite clearly and conclusively that religion is not to be a consideration of the federal government.

The Founders were creating a civil government.  Thus no mention of “God” or religious involvement.  In their minds there was no need to since they obviously did not want other influences injected in the management of the government they sought to create.  They had witnessed the failings of a weak and poorly structured “alliance” in the Articles of Confederation.  They learned from their earlier mistakes and sought a government that would incorporate the 13 fiercely independent sovereign colonies (states) in a federal union that could face the world on equal terms.  The result was a document simple, yet comprehensive enough to embrace the problems of a rapidly growing nation.

In structuring the federal government, they included only those powers they considered absolutely necessary for the protection of the individual citizens, their property and the integrity of the United States as a nation.  That’s why there are only 17 listed in Art. I, Sec. 8.  The 18th item concerns Congress and its power to write laws for the implementation of the powers defined.  The reader should review Amendments IX and X to appreciate the fact that it was truly a limited federal government being established.

That’s my view, what’s yours?  Reach me at constitutionviews@gmail.com ©Copyright 2014 Hillard W. Welch