A More Perfect Union: What We the People Can Do to Reclaim Our Constitutional Liberties

by Carson MD, Ben

It is unlikely that it was the intention of the founders to give any public official the ability to thwart the will of the people. Although they may have been concerned about mob rule and wanted a judicial system that would prevent that, they also recognized that in many other countries it was assumed that the ruling class always knew better than the people, and they wanted no part of such a system.

  Recognizing that judges might abuse their power, the founders included in the Constitution a phrase that would give Congress the ability to remove such judges. They said that judges “shall hold their Offices during good Behavior.” There is some room for interpretation of what “good Behavior” means, but when one understands that the Constitution was established to protect the will of the people, it becomes clear that it is a serious offense to thwart that will. The vast majority of federal judges are outstanding American citizens who uphold the rights of the people, but courage is required to move against the few bad apples that contaminate the system by ignoring the will of the people.

  JURISDICTION

  Federal courts can hear cases concerning the constitutionality of any law; treaties; shipping laws; and federal laws. These courts also have jurisdiction in cases where the involved parties are ambassadors, consuls, public ministers, the U.S. government, state governments in conflict with each other, or a citizen of one state suing a citizen of another. Cases involving foreigners or events occurring in foreign lands but involving American citizens are also within the jurisdiction of federal courts.

  The vast majority of federal cases are handled in district courts quite satisfactorily. The Supreme Court does have the right to review the decisions made in all of the inferior courts and to change those decisions if it feels that they were improperly rendered. A case that has been tried in the lower court can be appealed through the appellate system all the way to the Supreme Court, but the Supreme Court is incapable of handling all the cases that are appealed due to the sheer volume. The Supreme Court has the ability to select which cases it chooses to hear. Fortunately, the appellate courts just below the Supreme Court, called the United States Courts of Appeals, generally do an excellent job in resolving outstanding issues.

  JURIES AND JUSTICE

  Whenever a person is accused of a serious crime, our Constitution provides the right to a trial by a jury of his or her peers. During the trial the facts are presented to the jury, and both the prosecuting attorney and the defense attorney make arguments before the jury. In cases of lesser crimes or misdemeanors, the defendant is frequently offered a choice between a trial by judge and a trial by jury.

  The jury system works well but is by no means perfect. In medical-malpractice trials, a large portion of the case involves trying to educate the jury on what are sometimes complex medical issues. Victory frequently goes to whoever can put on the best dog and pony show rather than whoever has the facts on their side. This is one of the reasons why medical cases are frequently not even sent to a court in other countries, which have different mechanisms to take care of people who sustain injuries during medical treatment. The National Trial Lawyers, a special-interest group, has made every attempt to thwart the establishment of these kinds of mechanisms in the United States. This is because lawyers benefit financially from the current system. Lawyers and courts are an important part of a fair judicial system, but we clearly need some tort reform and need to invest time and energy in finding more appropriate ways to solve common societal problems.

  When a case does go to trial, the Constitution requires the trial to take place in the state and region where the grievance occurred. This makes the likelihood of obtaining a trial by one’s peers, people who actually understand the circumstances, much greater. Once again we see the founders’ commitment to fairness for all citizens.

  CRIMES

  One of the crimes the Constitution is very clear about is treason. Treason is a crime punishable by death in America, as well as in many other countries. Because it is such a severe crime, the writers of the Constitution clearly defined the term. They said that treason meant warring against the United States, siding with her enemies, or assisting her enemies. Our founders were very specific about this because they knew that accusations of treason would otherwise be employed to get rid of political enemies.

  In the last year or two a number of American citizens have traveled overseas and joined Islamic terrorist groups. This clearly would meet the definition of treason. Unfortunately, the definition of who our enemies are seems to be changing in America. Recently a high-profile income-tax official referred to Republicans as enemies. Others on the far right frequently refer to some Democrats as communists, socialists, or enemies of America. It is important that we tone down the rhetoric and stop allowing ourselves to be manipulated to the point that we believe that our fellow American citizens are enemies or are guilty of treason.

  Once someone is convicted of treason, the Constitution is also clear about parameters for the traitor’s punishment. The death penalty is not required and is seldom employed in this country today. The government also may not punish the family of the traitor. In modern America it seems unimaginable to punish the innocent children or relatives of a criminal who has committed treason against the United States. Nevertheless there is historical precedent for such actions in our mother country, Great Britain. The founders added this clause to ensure that we would never repeat the same kind of mistake in our country.

  We should be grateful today that we live in a country where justice is valued. We should celebrate the good judges and juries that protect our liberty. We should make sure that our judges remember that their job is to judge, not to legislate or execute. And, though we should punish treason severely, we should remember that disagreement is not treason. As long as we stick to the principles outlined in Article 3, we will be able to maintain justice in our great nation.

  CHAPTER 12

  ARTICLES 4–7

  “Remind everyone about these things, and command them in God’s presence to stop fighting over words. Such arguments are useless, and they can ruin those who hear them. Work hard so you can present yourself to God and receive his approval. Be a good worker, one who does not need to be ashamed and who correctly explains the word of truth.”

  Timothy 2:14-15

  I remember once being thrilled with a brand-new car I had purchased. The vehicle came with many fancy options that kept me occupied. Once I’d played with almost every gadget in the car, I decided to program the garage door opener. To my great dismay, it did not work. I had programmed many garage door openers over the years and felt quite competent in this area, but nothing I did worked. I finally gave up and decided to read the instruction manual, since all else had failed. It took only a minute of reading for me to learn that this door opener required a different method of programming than I had used before. I quickly adopted the new code and solved the problem. If only I had read the manual earlier, I would have saved myself a lot of frustration.

  Similarly, many of the problems that we have in our nation could be solved by a careful reading of each of the articles of our Constitution. We may be convinced that we know everything there is to know about our Constitution, but speaking from my own experience, I learn something new almost every time I read it.

  The last four articles of the Constitution are brief, but they deal with crucial points. Article 4 deals with the relationship between the states and the federal government. Article 5 outlines the steps to amend the Constitution. Article 6 makes it clear that the Constitution is the law of the land. Article 7 sets in place the steps for ratification.

  ARTICLE 4: STATE AND FEDERAL GOVERNMENT

  Article 4 of the Constitution deals with the relationship between the states and the federal government. Each state is to honor all legal actions taken in the other states. Without such a provision, we would be not one nation but fifty. With this provision every American citizen can move freely throughout the fifty states. If jobs are scarce in o
ne state and plentiful in another, an American citizen can simply pull up roots and move to the location where jobs are plentiful. Because the language and culture are relatively uniform throughout the United States, this gives every citizen tremendous flexibility and choice.

  You cannot vote in a state election unless you are a resident of that state. Fortunately, becoming a resident is a quick and simple process. All that is necessary is to establish a mailing address that is not a post office box and be able to prove that you actually live in the state. The amount of time that you are required to live in the state before applying for residency varies.

  If the public records from one state were not available to the other states, mass confusion around identities and rights would prevail. If states didn’t recognize marriages from other states, there would be chaos. If they didn’t recognize the judgments of other state courts, people could simply move to a different state to avoid penalties for or consequences of their actions. As it is, the extradition requirement in Article 4 ensures in most cases that a criminal captured in another state will be returned to the state in which the crime was committed. Sometimes criminals have committed unlawful acts in multiple states and the issue of which state they should be returned to becomes quite complex. Fortunately, the relationships among various law-enforcement entities in the various states are strong and cordial.

  In one case the friendly relationships among the states helped an evil cause, but fortunately a constitutional amendment put an end to the problem. One clause in Article 4 refers to slaves who had escaped from their owners, requiring that a slave who escaped to a free state be returned to his owner in a slave state if he was found. Fortunately, the Thirteenth Amendment abolished slavery, making this clause meaningless.

  Another clause in Article 4 is also no longer necessary, though it has not been abolished. When the Constitution was written, the United States was in expansion mode, and its ambitious leaders wanted to ensure that the expansion was not at the expense of existing states. Thus they required that new states be added only with the approval of the existing states. Their intentions were realized, and the nation grew rapidly while the integrity of each state remained strong. Today we are not looking to expand our territory, so the clause is rarely invoked.

  Article 4 also has a clause giving Congress the power to govern U.S. territories that have not yet become states. The Louisiana Purchase, for example, encompassed a huge amount of territory that needed to be under the jurisdiction of the government. Once the Louisiana Territory, the Northwest Territory, and other such land parcels were developed into states, they fell under normal congressional regulation. This clause also allows Congress to set aside national parks and care for them, as well as build bridges, dams, and other projects to improve the quality of life of all American citizens.

  Finally, Article 4 says that every state must have a republican form of government and guarantees that the federal government will protect individual states when threatened. This is a comforting section of the Constitution, because it guarantees that no state in the union will turn into a dictatorship. All Americans are guaranteed, both federally and at the state level, a form of government where the people select representatives who make the laws and where a constitution limits the power of government and protects the people. And when necessary, the federal government will step in to enforce this, as well as to protect the state from rioting, anarchy, or foreign invaders.

  ARTICLE 5: AMENDING THE CONSTITUTION

  In the 227 years since the Constitution of the United States was ratified, there have only been twenty-seven amendments to this amazing document. Many more than that have been proposed, but the framers of the Constitution wisely made the amendment process, outlined in Article 5, rather difficult, recognizing that there would always be those who are dissatisfied with the status quo and want change.

  The framers were intelligent and well-read men who worked diligently for months on the document. Their strong desire was to create a constitution that would never allow the United States government to subvert the will of the people. But in their wisdom, the founders recognized that they were mortal creatures who could not know the future. They studied history and planned for the future, but they knew that a rapidly growing and changing nation would encounter situations they had not foreseen. The Constitution might need to be updated to address new circumstances, so the founders set in place procedures for amendment.

  Any amendment to the Constitution must be presented to and approved by three quarters of the states. There are two ways an amendment can be proposed. First, two thirds of the states can petition Congress to call for a national convention, and the delegates to the convention can propose an amendment. Alternatively, if both houses of Congress agree, they can propose an amendment. This second option is far less cumbersome and, in fact, the first option has yet to be used. It usually makes more sense for states to propose an amendment through their already-elected national representatives than to go through the expense and complexity of a national convention.

  Once an amendment has been proposed, it must be ratified in order to take effect. There are two methods of ratification, and Congress gets to decide which method will be used. The first method is for the state legislatures to approve the amendment. The second is for special conventions called by the states to approve the amendment. Regardless of which method is used, three quarters of the states must ratify the amendment to make it a part of the Constitution.

  It really is quite amazing that our Constitution allows the people through their representatives to change the government. Historically, significant governmental changes have usually occurred through violence and revolution. This peaceful and orderly change process is truly exceptional and is one of the reasons why the United States has thrived.

  Not everyone is content with peaceful change. Radical groups like the Weathermen, the Committees of Correspondence for Democracy and Socialism (CCDS), and the Party for Socialism and Liberation (PSL) have advocated deceit and violence as techniques for effecting governmental change. We should always be wary of those who want to fundamentally change our society without using the legitimate tools in place to do so.

  Finally, Article 5 clearly indicates that the right of every state, no matter how small, to have two senators cannot be amended. This was one of the provisions that saved the union when there was so much disagreement about how the states would be represented, and it remains as a guarantee that the founders’ compromise was not in vain.

  ARTICLE 6: SOVEREIGNTY OF THE CONSTITUTION

  The main purpose of Article 6 is to state unequivocally that the Constitution is the law of the land. The delegates knew they would need to make it clear to both the states and foreign powers that the Constitution overrode any earlier laws. They also needed to show that the new government under the Constitution was united and was prepared to look out for the interests of all of the states.

  Accordingly, they declared in the first clause that all debts contracted by the United States before the adoption of the Constitution would still be recognized by the new government. This demonstrates the integrity of our government at the time of the writing of our Constitution. Historically when there was a change of regime, often those in charge of the new regime refused to pay back debts that the previous regime had incurred. Our fledgling nation refused to take the low road, and our first secretary of the treasury, Alexander Hamilton, agreed to pay back the estimated $77 million we owed, even though the bonds for this debt did not nearly cover the cost.1 This is one of the reasons why even as a fledgling nation, the United States had an extremely good credit rating throughout the world. This began a long tradition of fiscal responsibility, which unfortunately disappeared several decades ago.

  Article 6 also establishes the hierarchy of legislation in our nation. Laws made by the United States Congress are sovereign, those created by state legislatures are in the next tier, and local laws are subservient to those
. In other words, a town legislature cannot make a law that contradicts the law of its state, and a state cannot make a law that contradicts a law made by Congress. One can only imagine the chaos that would ensue without this clause of the Constitution.

  All government officials, whether federal, state, or local, are sworn to uphold the U.S. Constitution. We must all recognize that the many rights and freedoms we enjoy could evaporate rapidly if we do not jealously guard every aspect of this document. It has withstood the test of time and is partly responsible for the incredible accomplishments of this nation.

  Although there is no specific mention of the separation of church and state in the Constitution, a clause in this article makes it clear that government positions should not be denied to anyone because of their religious affiliation, nor should any particular religious litmus test be applied to those seeking government employment. Our founders in many cases were men of great faith. Many of them had seen the societal harm that occurs when religion is suppressed or when it is elevated to a position of political control. They wanted to ensure that neither of these situations ever occurred in our nation. We should always be the beacon of religious freedom and tolerance, including the religion of atheism. We must always remember the concept of “live and let live,” because it is one of the founding principles of our nation.

  As long as we are the United States of America, the Constitution will be the supreme law, and we must do everything we can to make sure we uphold it. I pray that we will remember the principles of fiscal responsibility and religious freedom articulated in Article 6—we cannot remain free without them.