Have we lost sight of a fundamental principle in our republic? John Adams, yes that John Adams, wrote of a " government of laws, not of men. " And that sums up exactly what a republic is. A government of the people, by the people, and for the people as Lincoln said at Gettysburg. Adams, along with other scholars of the day realized that law is what would form a new nation. Laws agreed upon by the people that those laws would rule. And that is the basis for a constitution. Those laws are to be written down " enshrined is often used to describe that " in a constitution and subsequently ratified by a convention of the people. And that is exactly what happened.
What is the purpose of a constitution? To establish a new government is the short answer. Our constitution is based upon the constitution of the State of Massachusetts. That constitution was composed chiefly by one person. you got it, John Adams. It was ratified in 1780 and remains the oldest active constitution in the world. Yes, it has been modified by amendment over the centuries but it was the first. It guaranteed freedom to all. So much so that in 1783 Slavery was declared unconstitutional in the state of Massachusetts. Truly a new form of government had been established in that state. That constitution was the basis upon which our federal constitution was written. Not surprising considering John Adams was part of the constitutional convention. That convention lasted from May until September in the year 1787. Madison is given credit for the authorship of the constitution, along with Hamilton and Jay. The were also the authors of the federalist papers encouraging everyone to ratify that same constitution. That happened in June of the following year. The condensed version of those essays stress the importance of a strong federal government. The message is clear enough, a government of laws, not men.
Adams and Madison agreed on a simple principle. That principle is, law. Just as the Bible, the Koran, the Talmud and all other religious texts delineate " law " so should a constitution. These laws, once agreed upon by majority ( at least 2/3 required in a Republic ) are written into the constitution as the last word. That is to say, the decision has been made, as when your parent said to you, that's the last word! It means, that's it. The reason Hamilton wrote, " We hold these truths to be self evident " in the declaration of Independence. Those truths were subsequently spelled out in the constitution and the bill of rights. Men have been attempting to change those truths ever since. Indeed that has become a profession, we call them lawyers. John Adams was one of those.
As I listen to the news these days I'm hearing a proposed abandonment of that constitution. I can see it no other way when the proposal run contrary to what that document says. Take something as straightforward as the second amendment. The wording is clear enough, The right of the people to keep and bear arms shall not be infringed. The reason is explained prior to that declaration. Those founding fathers had a way of explaining things before speaking. Read the first paragraph of the declaration of independence as an example of that. Unlike today, they didn't end their recitations with, but it isn't fair. But let's consider what is being said with, a government of laws, not men. Just what does that mean?
I believe it means a very basic thing, obedience. Obedience to the laws agreed upon by the majority. You have to settle for a majority because as we all know not everyone is going to agree. A simple democracy requires only a simple majority. Adams knew that, everyone knows that. And everyone knows that is nothing more than mob rule. It is where the 51 get to make the decisions for the 49. Works great when you are a part of the mob, not so great when you are not. And so a compromise had to be reached, two thirds is a reasonable number. That is the number our Republic has chosen, it's the law. Well that was the original thinking anyway, it would take someone far more versed in government and politics than myself to explain all the exceptions and circumstances that can alter that. That's where men, not law, get involved. If we allow men to constantly change the law, in the end we have changed the government. We will have created a government of men, not laws. And that my friends is a very unstable thing to have. Those government are subject to all sorts of calamity. Coups, revolution, and civil war are just a few examples of that. The British government wasn't a government of law, the King made the law. That resulted in a revolution, remember that? A new government was established, a government of law. Then we had a civil war over those laws. The southern states declaring themselves free of the Union, an independent nation. The Union forces quelled that rebellion and the union was restored. A nation of laws. And yes, one of those laws was the abolition of slavery in 1865, enforcing a law that was in contradiction to the constitution, the law of the land. And yes, much struggle and strife has followed on the heels of that great rebellion. It wasn't until 1964 and the famous Civil Rights Act that a true equity under the law was established. The truth is, that equity had been delineated many years before with these words. " we hold these truths to be self evident " It was only a government of men, not law that prevented that truth from being reality. It is what prevents it to this day. If we, as a nation, uphold those truths and truly have a nation of laws not men, that will be realized. And that is the real American dream, that is what those old guys were talking about! They weren't the first to understand that. It had been understood in antiquity by the great thinkers and philosophers. The difference was, they were the first to create a new form of government, a government of laws, not men.
What is the purpose of a constitution? To establish a new government is the short answer. Our constitution is based upon the constitution of the State of Massachusetts. That constitution was composed chiefly by one person. you got it, John Adams. It was ratified in 1780 and remains the oldest active constitution in the world. Yes, it has been modified by amendment over the centuries but it was the first. It guaranteed freedom to all. So much so that in 1783 Slavery was declared unconstitutional in the state of Massachusetts. Truly a new form of government had been established in that state. That constitution was the basis upon which our federal constitution was written. Not surprising considering John Adams was part of the constitutional convention. That convention lasted from May until September in the year 1787. Madison is given credit for the authorship of the constitution, along with Hamilton and Jay. The were also the authors of the federalist papers encouraging everyone to ratify that same constitution. That happened in June of the following year. The condensed version of those essays stress the importance of a strong federal government. The message is clear enough, a government of laws, not men.
Adams and Madison agreed on a simple principle. That principle is, law. Just as the Bible, the Koran, the Talmud and all other religious texts delineate " law " so should a constitution. These laws, once agreed upon by majority ( at least 2/3 required in a Republic ) are written into the constitution as the last word. That is to say, the decision has been made, as when your parent said to you, that's the last word! It means, that's it. The reason Hamilton wrote, " We hold these truths to be self evident " in the declaration of Independence. Those truths were subsequently spelled out in the constitution and the bill of rights. Men have been attempting to change those truths ever since. Indeed that has become a profession, we call them lawyers. John Adams was one of those.
As I listen to the news these days I'm hearing a proposed abandonment of that constitution. I can see it no other way when the proposal run contrary to what that document says. Take something as straightforward as the second amendment. The wording is clear enough, The right of the people to keep and bear arms shall not be infringed. The reason is explained prior to that declaration. Those founding fathers had a way of explaining things before speaking. Read the first paragraph of the declaration of independence as an example of that. Unlike today, they didn't end their recitations with, but it isn't fair. But let's consider what is being said with, a government of laws, not men. Just what does that mean?
I believe it means a very basic thing, obedience. Obedience to the laws agreed upon by the majority. You have to settle for a majority because as we all know not everyone is going to agree. A simple democracy requires only a simple majority. Adams knew that, everyone knows that. And everyone knows that is nothing more than mob rule. It is where the 51 get to make the decisions for the 49. Works great when you are a part of the mob, not so great when you are not. And so a compromise had to be reached, two thirds is a reasonable number. That is the number our Republic has chosen, it's the law. Well that was the original thinking anyway, it would take someone far more versed in government and politics than myself to explain all the exceptions and circumstances that can alter that. That's where men, not law, get involved. If we allow men to constantly change the law, in the end we have changed the government. We will have created a government of men, not laws. And that my friends is a very unstable thing to have. Those government are subject to all sorts of calamity. Coups, revolution, and civil war are just a few examples of that. The British government wasn't a government of law, the King made the law. That resulted in a revolution, remember that? A new government was established, a government of law. Then we had a civil war over those laws. The southern states declaring themselves free of the Union, an independent nation. The Union forces quelled that rebellion and the union was restored. A nation of laws. And yes, one of those laws was the abolition of slavery in 1865, enforcing a law that was in contradiction to the constitution, the law of the land. And yes, much struggle and strife has followed on the heels of that great rebellion. It wasn't until 1964 and the famous Civil Rights Act that a true equity under the law was established. The truth is, that equity had been delineated many years before with these words. " we hold these truths to be self evident " It was only a government of men, not law that prevented that truth from being reality. It is what prevents it to this day. If we, as a nation, uphold those truths and truly have a nation of laws not men, that will be realized. And that is the real American dream, that is what those old guys were talking about! They weren't the first to understand that. It had been understood in antiquity by the great thinkers and philosophers. The difference was, they were the first to create a new form of government, a government of laws, not men.
No comments:
Post a Comment