The United States Constitution is a living document that outlines not only the rights of every American citizen (and to a lesser extent, resident) but also the rights of the States themselves. The document articulates the roles and responsibilities of the three branches of government, while also delegating powers, limiting powers, and protecting the rights of the people from their governments by way of the Amendments. Initially, the Constitution was written as a contract between the states and the federal government, but when several states refused to ratify the Constitution without a Bill of Rights protecting the people, the tenor of the document changed.
Original Intent
The Constitutional framers, in 1787, had an idea to create a government where a confederation of states would operate in unison under a single national government while remaining sovereign as independent entities. Equipped with their own governing bodies, this separation of powers is called Federalism, a conceptual framework that drove the creation of the Constitution.
After Shays’ Rebellion shed light on the insecurities and vulnerabilities of the Articles of Confederation, the nation’s first governing document, the framers agreed that creating a stronger central government was not only of paramount importance, but necessary if the Union were to be preserved. Divided into Federalists and Anti-Federalist parties, the framers conjured a way to honor states’ rights while increasing governmental authority.
Interpreting the Constitution
In 1791, then-Congressman (and later President) John Quincy Adams said, “The constitution of a country is not the paper or parchment upon which the compact is written… It is the system of fundamental laws, by which the people have consented to be governed, which is always supposed to be impressed upon the mind of every individual, and of which the written or printed copies are nothing more than the evidence.” Similarly , in 1937, Franklin Delano Roosevelt referred to the U.S. Constitution as a “layman’s document.” In either case, both government officials understood the Constitution to be a document of the people - for the people and by the people - rather than a weapon wielded by legislators and executives. This distinction matters beyond semantics because understanding this puts the power back in the hands of the people, where it belongs and ought to be. One should interpret the Constitution just as they would the employee handbook at their workplace. A set of rules and regulations outlining the expectations of not just the employees, but of the Leadership and organization as a whole.
For example, where your employee handbook might tell you what you can wear to work, what type of behavior is acceptable from a workplace employee, and even how you can expect the HR department to handle adjudications, you can expect the same type of content from the U.S. Constitution, as well; only, the workplace is your state, the employer is the United States of America, and the employee is you.
The most glaring difference between an employee handbook and the U.S. Constitution, though, is that the Constitution does not tell you what you can do, explicitly. Rather, it informs you of your rights by telling the government what they cannot do as it pertains to your “privileges and immunities.” For example, you will not find an Amendment that says, “Citizens must....” Instead, you will find Amendments that read “The right of citizens to... shall not be abridged...” Meaning government action to stop these rights is off limits!
How Does This Affect Me?
As an American citizen and, according to Adams and Roosevelt, the owner of the Constitution - it is not only important, but essential that you understand how to interpret the Constitution so you can use it to your advantage. Much like the stereotypical auto mechanic, many agents of the law, like cops, lawyers, and even representatives, spend much of the time and energies hoping that you don't know what your rights are. This allows them to take advantage of you while still "doing their job."
However, if you verse yourself in the Constitution to such an extent where you understand your rights, then you will be able to similarly understand what the government (state and federal) can and cannot do to infringe on them. In later articles we will discuss what type of government infringement is constitutional and how that is determined, but for now, suffice it to say that your right to speak freely, to be secure in your person, and to remain silent (to name a few) are yours to invoke whenever and if ever you should choose; period.
Awakening the Constitution is a series designed to help bring the power of the United States Constitution back into the hands and minds of Americans. This series makes a concerted effort to not only provide education around the U.S. Constitution, but to highlight the role of the courts, as well; taking a constitutional eye towards everyday life and telling the true story of the document's relationship to the nation and its people.
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