When we think or talk about our Constitution, the conversation rarely turns to how old it is and how long it has lasted. But now that a Supreme Court seat has opened up, it will likely be spoken of in terms of the candidates being “textualists” or “originalists” in their interpretation of the document.
Depending on how each of those terms is defined, with “textualists” generally being described as what the document meant to the writers at the time it was written and should not be thought of any other way, while the “originalists” think more about how the document fits today’s society when laws are made and judged. While these two versions can overlap, it would take too many additional essays to fully explain everything beyond what I will use for this essay.
Since 1789, when our constitution went into effect, the average lifespan of national constitutions word-wide has been 19 years, according to scholars and researchers at the University of Chicago. Meanwhile, the “We the People of the United States” document is now well into the third century. We’ve lived under the same written charter longer than any other people on earth. We’ve even had regular federal elections every two years that have never been uninterrupted by, even the Civil War.
Yet America’s founders had serious doubts about the durability of their ‘experiment,’ as they called the Constitution at the time of its writing. Alexander Hamilton, in an 1802 letter to ‘Gouverneur Morris’ even wondered why he had wasted his best years defending our “frail and worthless” charter. In 1832, Chief Justice John Marshall, near the end of his 34 year tenure on the high court, lamented in private correspondence that “our Constitution cannot last.”
One might think America’s track record in the subsequent 200 years would inspire greater confidence in the document. Yet, many people today feel, as they have after many fraught elections, still feel that our president is either a savior or the harbinger of doom.
All of this makes it worth reflecting on why the Constitution has endured. The first and most important thing to consider is its text. It is rigid enough to restrain excesses, yet flexible enough to accommodate innovations. It is terse and it presumes that both governors and the governed will act responsibly.
Next, the framers created the world’s first constitution to institutionalize the principle of human equality. Our country’s progress in respecting the real implications of equality has at times been slow, even glacial, especially with regard to race. It took until 1876, in the case ‘Brown v. Board of Education’ passed to admit minority children to schools on an equal basis as white kids.
Other classic laws were affirmed as the years passed. Justice Anton Scalia reminded us that ‘written guarantees are meaningless without a culture to sustain them,’ he went on to say that “every American generation has a vocal minority that considers itself doomed to live in an age of constitutional degeneracy.”
Constitutionalism is not a mere institutional form but a culture that exists around it – a set of sentiments, habits and assumptions, pa permeating spirit that animates an otherwise lifeless paper scheme.
So long as we keep faith, our Constitution will be displaced no sooner than an ant tips over the Statue of Liberty.
When we think or talk about our Constitution, the conversation rarely turns to how old it is and how long it has lasted. But now that a Supreme Court seat has opened up, it will likely be spoken of in terms of the candidates being “textualists” or “originalists” in their interpretation of the document.
Depending on how each of those terms is defined, with “textualists” generally being described as what the document meant to the writers at the time it was written and should not be thought of any other way, while the “originalists” think more about how the document fits today’s society when laws are made and judged. While these two versions can overlap, it would take too many additional essays to fully explain everything beyond what I will use for this essay.
Since 1789, when our constitution went into effect, the average lifespan of national constitutions word-wide has been 19 years, according to scholars and researchers at the University of Chicago. Meanwhile, the “We the People of the United States” document is now well into the third century. We’ve lived under the same written charter longer than any other people on earth. We’ve even had regular federal elections every two years that have never been uninterrupted by, even the Civil War.
Yet America’s founders had serious doubts about the durability of their ‘experiment,’ as they called the Constitution at the time of its writing. Alexander Hamilton, in an 1802 letter to ‘Gouverneur Morris’ even wondered why he had wasted his best years defending our “frail and worthless” charter. In 1832, Chief Justice John Marshall, near the end of his 34 year tenure on the high court, lamented in private correspondence that “our Constitution cannot last.”
One might think America’s track record in the subsequent 200 years would inspire greater confidence in the document. Yet, many people today feel, as they have after many fraught elections, still feel that our president is either a savior or the harbinger of doom.
All of this makes it worth reflecting on why the Constitution has endured. The first and most important thing to consider is its text. It is rigid enough to restrain excesses, yet flexible enough to accommodate innovations. It is terse and it presumes that both governors and the governed will act responsibly.
Next, the framers created the world’s first constitution to institutionalize the principle of human equality. Our country’s progress in respecting the real implications of equality has at times been slow, even glacial, especially with regard to race. It took until 1876, in the case ‘Brown v. Board of Education’ passed to admit minority children to schools on an equal basis as white kids.
Other classic laws were affirmed as the years passed. Justice Anton Scalia reminded us that ‘written guarantees are meaningless without a culture to sustain them,’ he went on to say that “every American generation has a vocal minority that considers itself doomed to live in an age of constitutional degeneracy.”
Constitutionalism is not a mere institutional form but a culture that exists around it – a set of sentiments, habits and assumptions, pa permeating spirit that animates an otherwise lifeless paper scheme.
So long as we keep faith, our Constitution will be displaced no sooner than an ant tips over the Statue of Liberty.