On September 17, 1787, forty white
men met in Philadelphia to sign a document which they had argued over in secret
for four months. (A total of 55 delegates had been meeting since May 14). It
was the United States Constitution, and since September 17 falls on a Saturday
this year, the US has temporarily set the celebration date for September 16, a
Friday.
The question is what Americans
should be celebrating here. For some, the Constitution is an idol made of pen
and paper instead of gold and jewels. It is something fixed and eternal. Its
meaning was established once and for all by those 40 (or 55?) white men. Some
people think that we can ascertain one meaning from those 40 (or 55?) white
men; and, moreover, that that one meaning from 1787 should be applied today.
For others, the Constitution is
more a process. Thus Edmund Randolph, one of the five men charged with drafting
the Constitution, observed that “In the draught of a fundamental constitution,”
it was necessary to “insert essential principles only, lest the operations of
government should be clogged by rendering those provisions permanent and
unalterable, which ought to be accommodated to times and events...” Constitution
supporter John Marshall (who later led the Supreme Court) would write in a
famous opinion that “[The Constitution is] intended to endure for ages to come,
and, consequently, to be adapted to the various CRISES of human affairs.”
So in intention and reality, the
Constitution is a process. The critical question is who gets to play in the
game. Another Chief Justice of the Supreme Court (Charles Evan Hughes) claimed “We
are under a Constitution, but the Constitution is what the judges say it is.” If
you are a mandarin—or simply a plutocrat who believes that judges should serve
the rich—then this constitutes a comfortable position. History, however, proves this false. Jefferson
and Madison (1789-1799) and the New England states (1814-1815) said state
governments should have a say. President Jackson did not like this version of
states rights, and when South Carolina suggested it he threatened to invade
South Carolina with an army. At another point, in reaction to a Supreme Court
decision, he said “John Marshall has made his decision, now let him enforce
it.”
It is also fair to say that Union soldiers
and discontented slaves had something to do with re-defining the Constitution
in the 1860s. Rebellious farmers and workers forced the Supreme Court to change
its position on political economy in 1937. (And in 1951 one of the justices
(Owen Roberts) said as much, admitting that he changed his vote because he
wanted to avoid “radical changes.”)
The Supreme Court takes a lot of
credit for the impressive results of the mid-twentieth century US racial rights
revolution. Yet southern whites ignored the Court until Blacks started sitting
at lunch counters and marching in the streets in the 1960s. The American Black
cause was helped because part of the USA white power elite worried about
“coloured” people “going Communist” in Africa, Asia, and South America.
In my forthcoming book,
U.S. Constitution for Beginners (For
Beginners 2012), I have called the Constitution a “truce.” What should be
celebrated about the Constitution Day is the degree to which ordinary people
have a chance to define the ongoing terms of the truce. What is garbage about
celebrating Constitution Day is the degree to which Ivy League mandarins and
plutocrat puppets claim that ordinary people have no role in attempting to
define the terms of the truce.
Certainly pundits and idol
worshippers will be offended by this version of the Constitution. It smacks of
mere power, things arbitrary, and opportunist compromise. Yet I can only read
my Constitution and US history. How otherwise can a black slave be counted as
3/5 a person? How otherwise is segregation legal in 1896, and illegal in 1954?
Or wage and hour regulation illegal in 1936, and legal again in 1937? How
otherwise can some fictional entity be considered a human person for purposes
of “free speech”? In the 1970s law professors discussed health care in terms of
a constitutional right, now they question whether it has anything to do with
the national economy.
On Constitution Day people should learn to see, and
then do something about what their eyes and hearts tell them. Otherwise the
mandarins, plutocrats and idolaters will do it for them.
-Steve Bachmann, author of U.S. Constitution For Beginners