We the People

“We the people,” remains as one of the most important political statements in world history. The first three words of the preamble to the Constitution situated the entire American government. “We the people” sat in direct contradiction to the European monarchies and created the first republic since the Romans nearly two-thousand years earlier. The constitutional preamble situated the new American government in 1789 as the first democratic republic and many world powers assumed it would fail within a few years.

* The constitution was a combination of work that was compiled by otherwise dissimilar political leaders, as illustrated by the combining forces of Alexander Hamilton and James Madison. Representing the two largest and most important states, Virginia and New York, Madison and Hamilton probably disagreed on every form of political philosophy. However, both individual lived by the preamble and the philosophy set-forth in “we the people.”

* As such an important political document in world history, put alongside the Magna Carta, the American Constitution is currently the shortest constitution governing any country. The reason for the brief measure of the Constitution is the focus of the preamble. “We the people” set-forth a nation predicated on the will of popular sovereignty–at least on paper–and refused to delegate every specificity on national governance for the future.

* Although the preamble and sentiments of “we the people” represents a major shift in world thinking, the Constitution remains a flawed document. Since thirteen individual colonies had to agree and pass the measure, certain facts are still an embarrassment to this otherwise exalted document. Once the decision was made to make the United States a bi-cameral system–consisting of two houses in Congress–arguments broke out over how to properly elect officials. If voting was based on population, states like Rhode Island would have little voice but if it was based on set numbers then states like New York would have there citizens represented at a smaller percentage. The agreement to utilize both forms created the three-fifths compromise. Still in the Constitution, the three-fifths clause sets forth that all slaves would count as three-fifths of a person for population purposes. In addition to this horrible affront, all the Southern colonies refused to be party to a Constitution that could outlaw slavery. In order to compromise, there was placed a gag rule disallowing any talk of slavery for a set amount of time.

The Constitution is far from a perfect document, representing a collection of political philosophies and prejudices. But, allowing “we the people” to begin the preamble allowed later advancement in social theory. Rather than a document fixed in time, the Constitution sits as a living document that needs to be reevaluated and examined with every subsequent generation.

Second Amendment

Considering that the Constitution was written in 1787, the fact that 2nd amendment rights are still argued over points to the nature of the document. The argument goes beyond the right to bear arms and the second amendment, but rather is an ever-evolving conversation on the Constitution itself. Two central parties exist when interpreting the United States Constitution. Many attest that the Document should be considered as fixed in time and as such, makes concrete statements regarding law and governance. On the other hand, many scholars state that the Constitution and the 2nd amendment need to be viewed as a living entity, a document that changes and progresses with each generation.

* Many people accept the second amendment as proof of the right to bear arms. Taking a closer look at the actual text of the 2nd amendment may paint another picture all together. The second amendment read as such; “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Clearly, the text as written states nothing of an individual right to bear arms.

* This is not to say that the American Constitution disallows the right to bear arms, but the 2nd amendment does not really state anything beyond the recognition of a well regulated militia. In modern times, a well regulated militia does not exist but the second amendment refers to the way the continental army functioned during the Revolutionary War. Since America never existed as a nation they lacked a central military force, instead, the army functioned as separate “minute-men” or militias overseen by a central hierarchy.

* At this point, its required to take a second look at how one interprets the Constitution. Some state that everything in the Constitution is legal, and unless case precedent explicitly allows something, then the action is illegal. Others claim that the Constitution provides a foundation that requires blocks to be built on top to determine illegality or legality. The 2nd amendment does not explicitly refer to an individual but many in the former camp say that the intent of the right remains the same. Opposition parties state the later shows that the founding fathers lived in a different time and these rights require formulation by subsequent generations.

Clearly, there is no inherently correct argument surround the 2nd amendment. In accepting one side completely, however, there lacks the full contemplation that the Constitution requires.

First Amendment

At the time the Constitution was ratified, many felt it to be an incomplete document. Many pushed for a bill of rights prior to the collective consideration by the states but this proved impossible. The Constitution still passed and it became the issue of the first congress to create a body of amendments to guarantee Americans several core rights.

* James Madison, the father of the Bill of Rights, introduced a set of ten amendments in 1789. The legislation was ratified in 1791 and the central creation of American jurisprudence began. Many consider the 1st amendment to encompass everything that the American nation came to embody.

* The first amendment enumerates the right to; speech, religion, press, petition and assembly. This is not to suggest that 1st amendment rights are absolute or that they have not been impinged upon time and time again.

* Probably the first gross mistreatment to the first amendment came during John Adam’s presidency. Due to growing discontent throughout the states, individuals around Adams urged him to pass the Alien and Sedition Act. Among other things, this act sat in direct conflict to several 1st amendment guarantees by disallowing any criticism of the national government. Adams was scorned by this measure and it remained the worst action of his otherwise illustrious career.

* The guarantee of the five central tenants can not be endless and ever since their ascension into law, several legal measures have been established to reign in these first amendment rights. Throughout the course of American history all of the 1st amendment rights appear on a sliding scale of impingement.

* During war time, all of these rights have been ignored over and over again. For example, war protests during the 1960s were often met with swift reverberations from police power. Another example is illustrated during the red scare of the 1950s. Anyone perceived to be or even associated with communist ideals could be jailed or at the very least, publicly embarrassed. Obscenity also poses difficulty to absolute 1st amendment guarantees. Court cases and laws dealing with obscenity or pornography often receive skepticism due to their inherent impingement of first amendment guarantees.

Court cases dealing with 1st amendment rights continue to come up on a yearly basis. Decisions are often overturned or enforced, laying down yet another layer of interpretation for the implcations of the first amendment of the Bill of Rights.

American Constitution

The founding fathers recognized the need for future officials to add amendments to the Constitution. Unlike a bill passed by Congress, or act issued by a President, an amendment requires a special process not easily overturned unless by another amendment. There are currently 27 amendments to the American Constitution. Congress can pass an amendment through one of three measures. The amendment needs to be introduced into congress and approved by two-thirds of both the Senate and House of Representative, then delivered to the state to approve. A special convention can be convened to ratify an amendment. Or, state legislatures can call for Congress to issue a constitutional convention with two-thirds support.

* The first ten amendments were passed in conjunction and commonly referred to as the Bill of Rights. They deal with specific issues of inherent right that the Constitution did not explicitly state. James Madison sponsored the Bill of Rights and was a champion of their intent even prior to the ratification of the Constitution.

* Following the Bill of Rights, only one other occasion warranted the passage of more than one amendment at the same time. Commonly referred to as the Civil War amendments, amendments thirteen, fourteen, and fifteen were passed immediately following the Civil War. The thirteenth amendment explicitly outlawed slavery while the fifteenth disallowed voting discrimination based on race. The fourteenth amendment is known to be the most important amendment following the Bill of Rights due to its widespread application and inclusion of due process of law offering equal protection to all citizens.

* Although the Civil War amendments extended voting rights, women were still not allowed to vote until well into the 20th century. Ratified in 1920, the nineteenth amendment disallowed any discrimination of voting rights on the basis of sex, finally granting women suffrage and widespread voting inclusion under law.

* The only time a special convention was issued to ratify an amendment was in response the the twenty-first amendment. In 1919, an amendment was issued to instill prohibition laws disallowing the consumption of alcohol. The failure of this amendment to inspire any real national change beyond granting another economic incentive to mobs, cause the repeal of this amendment through the twenty-first amendment. In 1933, prohibition was repealed marking the first time state conventions ratified a Constitutional amendment.

The Constitution can change at any time due to the power of amendments, but considering the polarizing split in Congress another amendment anytime soon does not seem likely

Civil War

During the long-winded fight of the Civil War, Lincoln chose to emancipate the slaves. Previously weary of such an action because of his wishes to dissuade the cessation of the Southern states, Lincoln took a stand and turned the battle into one for morality and justice. After the Civil War ended, many people took up this mantle and established what has since been known as the Civil War amendments. The 13th, 15th, and 14th amendment remain as the only group of amendments to pass besides the Bill of Rights. In this light, it seems appropriate for the 14th amendment guaranteeing all the rights of the Bill of Rights to all individuals passed in a similar fashion.

* The thirteenth amendment effectually banned any type of slavery to continue in the United States. After perpetuating a horrific institution for far too long, slavery officially came to an end after a long overdue war for freedom. Similarly, the fifteenth amendment granted protections to all voters regardless of race. Taken together, these amendments offered a new light for former slaves, but also a long road before true equality would be achieved.

* Among the Civil War amendments, the 14th amendment stands as the most crucial. After defeating the Southern confederate army, the 14th amendment guaranteed that certain rights enjoyed by some would now be guaranteed for all regardless of the state.

* Under the incorporation doctrine of the 14th amendment, all national rights guaranteed by the Bill of Rights would be extended to all individuals in all states. Eventually, all amendments would be incorporated under the 14th amendment.

* The due process clause of the 14th amendment would become the most crucial extension of individual rights since the Bill of Rights. All rights not enumerated in the Constitution, but are inferred by other distinctions have been seen to fall under the due process clause of the 14th amendment which disallows unequal treatment of law to different people.

* The 14th amendment has been seen to apply to things probably not considered by the original framers. For example, the equal protection clause has been see the ensure proper voter representation through the idea of one man one vote. States often would not apportion voter representation in this fashion and federal courts ruled this unconstitutional under the 14th amendment.

The Civil War amendments marked a huge step in American history. Although much progress was needed, it allowed later progress to occur. The 14th amendment allowed for later incorporation of certain freedoms and rights for more people.

James Madison

The fourth president of the United States, James Madison is often an overlooked founding father. Scholars note, however, that James Madison remains one of the most important figures in American history. Although he did not have a major hand in affairs during the Revolutionary War, James Madison had a hand in every major debate leading to the creation of the United States of America. As an extremely short and sickly individual, people never took notice of his power but he managed to outlive all of the founding fathers.

* James Madison gained the spotlight during the debate surrounding the constitutional convention because of his political genius and ability to get results. Madison helped to iron out many of the compromises that would eventually shape the Constitution. Though he usually did not partake in actual debates, when he spoke people always listened, expecting to hear a spark of genius.

* Possibly his most useful role during the constitutional debate was his role as a primary author of the Federalist Papers. Probably the most important set of American documents next to the Declaration of Independence and Constitution, the Federalist Papers set to defuse the one-sided public debate against the passage of the Constitution. Written under the shade of anonymity, James Madison and Alexander Hamilton combined to write the bulk of the Federalist Papers helping to turn the tide of public opinion. Since Virginia was one of the last states to convene on the Constitution, he was able to leverage his earlier work to help the passage in his home state.

* James Madison and Thomas Jefferson were close friends, and many see Madison in the lineage of Jeffersonian democracy. Similarly, Madison grew to hate Hamilton, as their politics differed so drastically which further illuminates his ability and success in working with him. Many scholars note a dichotomy of sorts with James Madison who seemed to reverse many of central ideas later in life. Rather than seeing two Madisons, however, people should not the ability James Madison had to grow. Easily the most brilliant of the founding fathers–maybe besides Alexander Hamilton–James Madison was not afraid to change his position on a number of issues.

Individuals looking over James Madison to the more luminary figures of Virginia like George Washington, Thomas Jefferson, and Patrick Henry is the way that he preferred it. Madison had an innate ability to control the spotlight while sitting outside of it and this may help to explain his difficulty during the presidency. In this light, many presidents who follow a great struggle, not so much as an indication of their inability to preform, but because of their inability to compare.