I was recently asked why I thought the constitution of the United States was written in such broad terms. Why was it left open to interpretation? Was it a deliberate thing by the framers of that constitution? I began to think about that, to consider the question. Everything we say or write is open for interpretation simply because people tend to read or hear what they want, not necessarily what it says. That's a part of human nature I believe. A psychologist could explain that, or a salesman! That's how you wind up buying a timeshare, you only hear the part you want to. But back to the question at hand.
The constitution of the United States was written during the Constitutional convention from May to September of 1787. It contained just 4,543 words, including the signatures. Although I'm certain that Monroe, Jefferson, Franklin and others had ideas about what it should be prior to that convention, it was drafted through compromise and common sense. It was a convention remember, conducted in a formal and organized fashion. There was much debate about each word and paragraph. Each representative was acting in their own best interest, of that you can be sure. Politicians haven't changed much over the centuries and I expect that will remain a constant. Following that draft 85 articles were written and published urging ratification of that document. We know them as the federalist papers. Later, when the bill of rights was written an additional 3,048 words were added. That includes all 27 amendments. So that's a total of 7,591 words.
That sounds like a lot of words doesn't it? Well here's some perspective on that. The U.S. tax code, know as title 26 is about 6550 pages long. That's just the code itself, not the regulations. In 1911 that code was 11,400 words. That's almost 4000 more words than the Constitution and the Bill of Rights combined! In 2010 title 26 contained about 3 million words! That's correct three million. But, it gets better, that's just title 26, the code itself. Factor in the regulations governing that code and the number swells to 10 million! Would you say that includes any compromise or common sense? I'd say a whole lot of compromise myself, we call them loopholes mostly. Who placed them there? Politicians that's who in response to the wants of their constituents. In short, to garner support and get votes! Does it make sense? Only to the one benefiting is my response. No, it isn't " common " sense at all. Common sense as in, we all have that in common, doesn't exist in the tax code. But I believe the framers of the constitution attempted to write that document incorporating common sense and that's the very reason it was written in the fashion that it was. I expect those folks would find it hard to believe so many in today's world lack that commodity! I expect they would be shocked to discover what some folks have taken their words to mean? That group of men, all learned individuals, debated those words for 116 days! That's how long the convention lasted. They didn't take a recess, they continued on the job for the entire time. They made five major compromises. One of those five was the electoral college. That was heavily debated, for the same reason it is being debated today. Still, common sense prevailed and the electoral college was included as a necessary component to the republic. Indeed that is what that constitutional convention accomplished, the establishment of a Republic! Yes, it was accomplished utilizing democratic principles but it was a republic that was formed. The founding fathers were adamant about that. There would be no compromise on that.
Now the King James version of the Bible contains 783,137 words. Those words include the law, the regulation of those laws, instructions on how to comply with the law, along with words of encouragement and comfort. A very efficient use of words in my opinion. Mostly common sense and compromise. The common sense is summed up nicely with what we call, the golden rule. The compromise part we often call, sacrifice. It's those instruction to think of others before yourself, or at least to love your neighbor as you love yourself, in equal portions, that is the compromise. In return we get eternal life! Not a bad deal at all. But how have those words been interpreted over the centuries? I'd say those words have been used to further agendas, agendas contrary to the meaning of those words. The same can be said about the Constitution of the United States.
So why was the Constitution written the way it was, open for interpretation? Well, I think they did the best they were capable of. I don't think they ever imagined a time when so many " educated " people would lack so much common sense. I don't believe they ever imagined a time when there would be no compromise! Indeed, in their day a failure to compromise could lead to a violent outcome! Action would be taken, there was no recess, no filibustering! You had to make a choice and either defend that choice, or reach a compromise.
I really don't think the founding fathers, the writers of that document, could imagine what politicians are like today. Remember, in their day it was a part time thing. It was something done to benefit everyone. They weren't getting paid! They were patriots in the truest sense of the word. They were well aware that they were risking their lives and their livelihoods. Read a bit about what happened to the members of that constitutional convention later on. Many suffered extreme hardships and some death. They didn't compromise their beliefs. They exercised common sense in the drafting of that document. And that's what is missing in the legislature today, common sense. And compromise? There will be none.
The constitution of the United States was written during the Constitutional convention from May to September of 1787. It contained just 4,543 words, including the signatures. Although I'm certain that Monroe, Jefferson, Franklin and others had ideas about what it should be prior to that convention, it was drafted through compromise and common sense. It was a convention remember, conducted in a formal and organized fashion. There was much debate about each word and paragraph. Each representative was acting in their own best interest, of that you can be sure. Politicians haven't changed much over the centuries and I expect that will remain a constant. Following that draft 85 articles were written and published urging ratification of that document. We know them as the federalist papers. Later, when the bill of rights was written an additional 3,048 words were added. That includes all 27 amendments. So that's a total of 7,591 words.
That sounds like a lot of words doesn't it? Well here's some perspective on that. The U.S. tax code, know as title 26 is about 6550 pages long. That's just the code itself, not the regulations. In 1911 that code was 11,400 words. That's almost 4000 more words than the Constitution and the Bill of Rights combined! In 2010 title 26 contained about 3 million words! That's correct three million. But, it gets better, that's just title 26, the code itself. Factor in the regulations governing that code and the number swells to 10 million! Would you say that includes any compromise or common sense? I'd say a whole lot of compromise myself, we call them loopholes mostly. Who placed them there? Politicians that's who in response to the wants of their constituents. In short, to garner support and get votes! Does it make sense? Only to the one benefiting is my response. No, it isn't " common " sense at all. Common sense as in, we all have that in common, doesn't exist in the tax code. But I believe the framers of the constitution attempted to write that document incorporating common sense and that's the very reason it was written in the fashion that it was. I expect those folks would find it hard to believe so many in today's world lack that commodity! I expect they would be shocked to discover what some folks have taken their words to mean? That group of men, all learned individuals, debated those words for 116 days! That's how long the convention lasted. They didn't take a recess, they continued on the job for the entire time. They made five major compromises. One of those five was the electoral college. That was heavily debated, for the same reason it is being debated today. Still, common sense prevailed and the electoral college was included as a necessary component to the republic. Indeed that is what that constitutional convention accomplished, the establishment of a Republic! Yes, it was accomplished utilizing democratic principles but it was a republic that was formed. The founding fathers were adamant about that. There would be no compromise on that.
Now the King James version of the Bible contains 783,137 words. Those words include the law, the regulation of those laws, instructions on how to comply with the law, along with words of encouragement and comfort. A very efficient use of words in my opinion. Mostly common sense and compromise. The common sense is summed up nicely with what we call, the golden rule. The compromise part we often call, sacrifice. It's those instruction to think of others before yourself, or at least to love your neighbor as you love yourself, in equal portions, that is the compromise. In return we get eternal life! Not a bad deal at all. But how have those words been interpreted over the centuries? I'd say those words have been used to further agendas, agendas contrary to the meaning of those words. The same can be said about the Constitution of the United States.
So why was the Constitution written the way it was, open for interpretation? Well, I think they did the best they were capable of. I don't think they ever imagined a time when so many " educated " people would lack so much common sense. I don't believe they ever imagined a time when there would be no compromise! Indeed, in their day a failure to compromise could lead to a violent outcome! Action would be taken, there was no recess, no filibustering! You had to make a choice and either defend that choice, or reach a compromise.
I really don't think the founding fathers, the writers of that document, could imagine what politicians are like today. Remember, in their day it was a part time thing. It was something done to benefit everyone. They weren't getting paid! They were patriots in the truest sense of the word. They were well aware that they were risking their lives and their livelihoods. Read a bit about what happened to the members of that constitutional convention later on. Many suffered extreme hardships and some death. They didn't compromise their beliefs. They exercised common sense in the drafting of that document. And that's what is missing in the legislature today, common sense. And compromise? There will be none.
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