|
The case for public literacy |
|
Have you been following the debate about the nature of
the U.S. Constitution? Is it an Original Intent Fixed Document or is it a
Living Document? Like everyone, I also have and opinion, but unlike some, my
analysis is based upon the plain meanings of words (See Webster’s) in the
ratified Constitution and simple logic. The Founding Fathers answered that very question in the
document its self. The procedures setup to amend the Constitution are hard
evidence that the founding father knew that the document might need to be
changed over time and designed procedures by which such changes could be made.
The Founding Fathers also added the final nail in the argument by adding the
10th Amendment that in essence states that unless powers were specific granted
to the branches of the federal Governments in Constitution then they “are
retained to the states or the people”. |
| 1 |
|
Amendment X
The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the people. |
|
| 1 |
|
The Founding Fathers defined in specific terms the
powers of each of the three branches of government and thereby set limits on
the powers of each. The Legislative branch formulates the laws, the executive
branch enforces those laws, and the Judiciary Branch administers those same
laws. The Constitution did not grant to the Judicial Branch the power to
interpret laws in such a way as to in effect write or formulate new laws, no
more that it granted such powers to the Executive Branch. |
| 1 |
|
Article. I.
Section. 1.
All legislative
Powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of Representatives.
|
|
| 1 |
|
That power was retained to the Congress alone – period.
The debate as often turns to the question of the
“Separation of church and State” and I dare you to find that in the Amendment
below.
|
| 1 |
|
Amendment I
Congress shall make
no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances. |
|
| 1 |
| The Article above restricts the Congress from
establishing a national religion. It in fact restricts all of the branches of
the Federal Government as it pertains to the enumerated rights (see Article I
Section 1 above), because only Congress can write laws. While states have
adopted similar language, this Article on its face, it does not restrict the
states or the people, but specifically restricts Congress as the only law making
body. The Congress through negligence has however allowed the courts continue
to make decisions “prohibiting the free exercise thereof”. Please, just read
the Article for yourself.
While some people will interpret this discourse as
political, it is not intended as such. It is intended to ask questions about
our standards of literacy and intellectual honesty. We see the freedom of
speech being used to
allow the lies, misstatements of fact and the redefining of words without being challenged
directly by anyone. The Greatest flaw in constitutional interpretation is
the presumption that a lie has the same weight in discourse as the
verified truth. Nothing in the ethical based constitution would
ever continence such foolishness. |
| 1 |
| As an example, several years ago, I was watching C-Span and the
Speaker of the House was speaking passionately about a pending bill when
he said something to the effect that “the constitution demands that we
guarantee the general welfare”. My instant reaction was “say
what”. When you read the following, you will see the problem.
I am sure that some legislative aide has by now corrected the official record, but
that is in fact what he said. We all support the general welfare but
the document says “promote” not “guarantee” |
| 1 |
|
We the People
of the United States, in Order to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this Constitution
for the United States of America. |
|
| 1 |
|
Taking this argument further and you can seen the
problem that faces the nation. When we hear the Courts using
references to the Federalist Papers or Thomas Jefferson’s letters to justification
decisions, it should
concern all of us. The many states of this
rare republic ratified “The Constitution” based upon the plan language understanding
of the words in that document. The states did not ratify the Federalist Papers or any
Letters of Thomas Jefferson or for that mater any European laws. To try and justify a court decision based upon
something not agreed to by the states inside the four (4) corners of the
Constitution is a "legislative act" and thereby prohibited by the very document
that was in fact ratified (Article I, Section 1). Why you say, because it
is fundamental logic, the states did not agree to such in the document (Article. I. Section. 1
and Amendment X). |
|
All of this is being said indicates the need for a literary program
and evaluation of Legislators and Judges. They really should be able to read
and understand the plain language in the Constitution; after all, as you watch
all of this, you might conclude that it really must
be difficult reading. |
|
1 |
|
Remember, if the public is kept uneducated, then the
public will believe what ever they are told by those in power. The
Republic can not long be sustained on meals seasoned with misrepresentations and
deserts sweetened with falsehoods. |