Basic to understanding the meaning of those words is a thorough reading of the twin documents,the Declaration of Independence and the Constitution. Regardless of how recently you may have read or reviewed them, please do so again – slowly and with thoughtfulness.
The point is that those two documents, charters if you will, provided the framework for building a nation vastly superior in every respect to any that preceded it or has come into being since. Others have copied (or attempted to copy) the U.S. Constitution. Yet, they have failed to appreciate the principles and subtleties incorporated in the various clauses.
Start with the preamble and even though it is not considered an “integral part” of the document, it begins with, “We the people of the United States . . .” It does not say “of America” nor does it name a single entity as the structure. The word States is plural and in one of the original drafts of the document, all 13 colonies were listed. Considered too cumbersome, the present wording was adopted to simplify the statement.
The Founders believed that the best government was that closest to the people themselves and thus they constructed the “nation” as a federation of independent, sovereign colonies (states). By this concept, they saw the means to allow a wide variety of disciplines, attitudes, organizational ideas, etc. to exist without conflict. To ensure that each such state could interact in a reasonable manner with any other state, they included a “commerce” clause (Art. I, Sec. 8).
Keep in mind as you read the Constitution that the Founders believed in individual liberty. Thus words and areas of activity were chosen to preserve maximum liberty for individuals, not groups, associations or any other entity. This should provide you with a greater appreciation for the limits they imposed on the “federal” government and not the states.
Individuals were to be responsible, and accountable, for their own acts. Individuals were expected to do for themselves almost everything and look to the federal government for a minimum number (actually only 17) areas of responsibility. Such an approach meant that any and all individuals were free to pursue whatever occupation or avocation they desired without government interference. Remember that there was no income tax and when first tried was found unconstitutional! That was one more way of ensuring that each individual was entitled to the fruits of his or her labors.
Returning to the document itself, see if you can find any words that permit the federal government to take money from one individual or group of individuals and give it to another or a foreign country!
History has long recorded the fallacy of “attempting to buy friends with money”.
Believing that a chain is only as strong as its weakest link, the Founders recognized the sovereignty of each state, expecting each one to “take care of its own”. Reliance on the federal government was limited to those 17 duties assigned in Art. I, Sec. 8., each of which was considered beyond the capability or resources of an individual state. Amendments IX and X unequivocally established every state’s sovereignty and retention of the bulk of powers and rights of responsible government.
Liberty and freedom for individuals were the bases on which all powers were to be interpreted. If the government restricted either of them, that was cause for change in that part of the government or declaring the act (or legislation) as unconstitutional.
The question today: are we as free and do we have the liberty guaranteed by the Constitution that our forefathers enjoyed for at least the first 100 years of our republic?
That’s my question. What’s yours? Contact me at constitutionviews@gmail.com
©Copyright 2011 Hillard W. Welch
Friday, July 15, 2011
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