LM#53--Happy Birthday to Our US Constitution

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Happy birthday to our US Constitution.

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Those are the drums of liberty, signaling that we have the greatest constitution ever written, perhaps the greatest human document in political affairs ever written.

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Will it survive another 237 years?

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Let's talk about it on this Liberty Minute.

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Welcome to the Theory to Action podcast, where we examine the timeless treasures of wisdom from the great books in less time, to help you take action immediately and ultimately to create and lead a flourishing life.

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Now here's your host, David Kaiser.

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Hello, I'm David and welcome back to this Liberty Minute and happy birthday to the US Constitution.

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Today is US Constitution Day.

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Specifically, the Constitution was signed on September 17, 1787.

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So it is 237 years old.

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So happy birthday to the US Constitution is 237 years old.

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So happy birthday to the US Constitution.

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Now, it did take two years for the Constitution to go into effect, in 1789, when the first Congress convened the new government, and it has been the supreme law of the United States for the last two centuries now, with amendments added over time to adapt it to our changing circumstances.

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Now its longevity and enduring relevance make it the oldest written national constitution still in use today.

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And why I think we need to talk about the US Constitution today and tell it happy birthday is because it is under extreme assault by the radicals.

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In case you haven't listened, there are tons of major media folks, there's tons of US law professors and there's tons of politicians who are radicals and they want to essentially cut up, replace and, if not completely abolish the US Constitution Several different ways, and we'll talk about them as we unpack today's episode.

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But before we get to the radicals and how they want to abolish our US Constitution, let's talk about the past, over 237 years In fact.

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Let's go to our first poll quote.

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It comes to us from the Heritage Guide to the Constitution.

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Go on to the book.

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The Constitution of the United States has endured for over two centuries.

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It remains the object of reverence for nearly all Americans and an object of admiration by peoples around the world.

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William Gladstone was right in 1878 when he described the US Constitution as the most wonderful work ever struck off at any given time by the brain and purpose of man.

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Part of the reason for the Constitution's enduring strength is that it is the complement of the Declaration of Independence.

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The Declaration provided the philosophical basis for a government that exercises legitimate power by the consent of the governed, and it defined the conditions of a free people whose rights and liberty are derived from their creator.

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The Constitution delineated the structure of government and the rules for its operation, consistent with the creed of human liberty proclaimed in the Declaration.

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And that quote does come to us again from the Heritage Guide to the Constitution, and by a preface, or a first chapter, rather, from the great Attorney General in the second term of Reagan's Reagan's second term, rather, edwin Meese III he wrote a great first chapter called the Meaning of the Constitution in this guide and we'd have to agree with William Gladstone, who indeed did say in 1878, describing the Constitution as the most wonderful work ever struck off at any given time by the brain and purpose of man.

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We have to agree with Mr Gladstone, at least in political affairs.

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The Bible, of course, would be our number one choice, but most likely a strong second would be our US Constitution.

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Let's go back to the book for some more great political nuggets of wisdom.

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Justice Joseph Story, in his familiar exposition on the Constitution in 1840, described our founding document in these terms we shall treat our Constitution not as a mere compact or league or confederacy existing at the mere will of any one or more of the states doing their good pleasure, but, as it purports on its face to be, as a constitution of government framed and adopted by the people of the united states and the obligatory upon all the states until it is altered, amended and abolished by the people.

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In the manner pointed out in the instrument itself.

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By the diffusion of power horizontally among the three separate branches of the federal government and vertically in the allocation of power between the central government and states, the Constitution's framers devised a structure of government strong enough to ensure the nation's future strength and prosperity, but without sufficient power to threaten the liberty of the people.

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And that is indeed the greatness of our US Constitution.

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It does not.

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The structure of the government itself does not allow for the sufficient power to threaten the liberty of the people Horizontally among the three separate branches of the federal government and then vertically in the allocation of the power between the central government and the states.

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If we stay within the devised structure of the government, it's only strong enough to ensure the nation's future strength and prosperity, but it's insufficient in the power to threaten the liberty of the people.

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Right now we are out of whack.

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We're not following the founder's wishes and that is causing the central government to grow way too strong.

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And this guide does a great job of recognizing that and explaining that.

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And we would do well to read this wonderful book.

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Let's go back to the book for another very strong golden nugget of political wisdom.

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The Constitution and the government it establishes has a just claim to our confidence and respect.

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George Washington wrote in his farewell address in 1796, because it is the offspring of our choice, uninfluenced, unawed, adopted upon full investigation and mature deliberation, completely free in its principles and the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment.

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The Constitution, the original document of 1787, plus its amendments, is, and must be understood to be, the standard against which all laws, policies and interpretations should be measured.

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It is our fundamental law, because it represents the settled and deliberate will of the people, against which the actions of government officials must be squared.

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In the end, the continued success and viability of our democratic republic depends on our fidelity to, and the faithful exposition and interpretation of, this constitution, our great charter of liberty.

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So as you begin to study this document, the constitution that has been around for so long, you begin to ask questions.

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Well, how do people attack it?

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What's the number one attack that happens to our Constitution that threatens it?

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And that number one attack comes from people who misdefine, change the definitions of the words that was meant 237 years ago to mean something different, something sometimes 90 degrees or 180 degrees, completely off what the original meaning of the Constitution was about.

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Even our founding father, james Madison, talked about this.

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Let's go to Mark Levin's great book Liberty and Tyranny, where we discuss this very thing.

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If the Constitution's meaning can be erased or rewritten and the framers' intentions ignored, it ceases to be a Constitution but instead a concoction of political expedience that serve the contemporary policy agendas of the few who are entrusted with public authority to preserve it, as James Madison, the father of the Constitution, explained.

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I entirely concur in the proprietary of resorting to the sense in which the Constitution was accepted and ratified by the nation.

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In that sense alone it is the legitimate constitution, and if that be not the guide in expounding it, there can be no security for a consistent and stable more than a faithful exercise of its powers.

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If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shapes and attributes of the government must partake of the changes to which the words and phrases of all living languages are constantly subject.

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What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in the modern sense?

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And the language of our Constitution is already undergoing interpretations unknown to its founders.

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Will, I believe, appear to be unbiased inquirers into the history of its origin and adoption?

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To say the Constitution is a living and breathing document is to give license to arbitrary and lawless activism.

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It is a mantra that gained purchase in the early 20th century and is paraded around by the status as if to legitimate that which is ill legitimate.

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And there you go.

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The number one attack that we see happening is when people say they want a constitution that is living and breathing.

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It's a living and breathing document because this absolutely, as Mark Levin just so eloquently told us, will give license to arbitrarily and lawless activism.

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So do we find anybody on the left side of the spectrum that can see objectively these attacks and how they're harming the Constitution?

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Well, in fact, we do.

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Even well-known liberal Jonathan Turley, professor of law at George Washington University and the author of the Indispensable Right Free Speech in the Age of Rage, understands how drastic and radical this is.

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In a piece for the Wall Street Journal last week, he says this, titled the Column is the Left's Assault on the Constitution.

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Here's just a couple excerpts Kamala Harris declared in Tuesday's debate that a vote for her is a vote to end the approach.

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That is about attacking the foundations of our democracy because you don't like the outcome.

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She was alluding to the 2021 Capitol riot, but she and her party are also attacking the foundations of democracy, the Supreme Court and the freedom of speech.

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Several candidates for the 2020 presidential nomination, including Ms Harris, said they were open to the idea of packing the court by expanding the number of seats.

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Mr Biden opposed the idea but a week after he exited the 2024 presidential race, he announced a quote bold plan to reform the high court.

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It would pack the court via term limits and also impose a binding code of conduct aimed at conservative justices.

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Ms Harris quickly endorsed the proposal.

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Ina statement, citing a quote clear crisis of confidence in the court owing owning to the decision after decision overturning longstanding precedent.

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She might as well have added because you don't like the outcome.

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Senator Sheldon, white House Democrat from Rhode Island, also introduced ethics and term limits legislation and said Ms Harris's campaign has told him that your bills are precisely aligned with what we are talking about.

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The attacks on the court are part of a growing counter-constitutional movement that began in higher education and seems recently to have reached a critical mass in the media and politics.

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The past few months have seen an explosion of books and articles laying out a new vision of democracy, unconstrained by constitutional limits on the majority party.

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Turley goes on.

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Erwin Cherminsky, dean of UC Berkeley Law School, is the author of no Democracy Lasts Forever.

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How the Constitution Threatens the United States published last month.

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Last month, in a 2021 Los Angeles Times op-ed, he described conservative justices as quote partisan hacks.

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In the New York Times book, critic Jennifer Salia scoffs at what she calls Constitution worship.

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She writes.

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Americans have long assumed that the Constitution could save us.

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A growing chorus now wonders whether we need to be saved from it.

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She frets that by limiting the power of the majority, the Constitution can end up fostering the widespread cynicism that helps authoritarianism grow.

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It goes on In a 2022 New York Times op-ed.

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The Constitution is broken and should not be reclaimed.

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Law professors Ryan Dorfler of Harvard and Samuel Mullen of Yale called for liberals to reclaim America from you guessed it constitutionalism.

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Barbara McQuaid of the University of Michigan Law School has called free speech America's Achilles heel.

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Biden White House aide asserts that free speech now mostly protects corporate interest and threatens essential jobs of the state, such as protecting national security and the safety and privacy of its citizens.

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George Washington's university law Mary Ann Franks complains that the First Amendment, and also the second, is too aggressively individualistic and endangers domestic tranquility and the general welfare.

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Mainstream Democrats are listening to these radical voices.

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Finally, turley points out this the nation's Eli Meistel, calls the Constitution quote trash and urges the abolition of the US Senate.

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Rosa Parks Rosa Brooks rather Rosa Brooks of Georgetown Law complains that Americans are slaves to the Constitution.

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Just two more quotes from Turley Trashing the Constitution gives professors and pundits a license to violate norms.

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The Washington Monthly reports that at a Georgetown conference, professor Josh Chaffetz suggested that the Congress retaliate against conservative justices by refusing to fund law clerks or cutting off the Supreme Court's air conditioning budget.

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When the audience laughed, harvard's Mr Dofler snapped back.

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It should not be a laugh line.

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This is a political contest and these are the tools.

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These are the tools of retaliation available and they should be completely normalized.

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The final paragraph from Turley's wonderful written piece the Wall Street Journal last week when Benjamin Franklin said the framers had created a republic, if you can keep it, he meant that we needed to keep faith in the Constitution.

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Law professors mistook their own crisis of faith for a constitutional crisis.

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They have become a sort of priesthood of of atheists, keeping their frocks while doffing their faith.

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The true danger to the American democratic system lies with politicians who would follow their lead and destroy our institutions in pursuit of political advantage.

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So you can hear from that, jonathan Turley expose in the Wall Street Journal just how radical some of these law professors are, and especially some in the major media, the legacy media, what we should start probably calling the Pravda punditry, because they are just like Russia's Pravda they claim to speak the truth but they're 180 degrees from it, which means they're lying.

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Now, if there is a war on the Constitution, it is led by, for the most part, one party, and that would be the Democratic Party.

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We hear this because Mark Levin exposes them in his latest book.

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The Democratic Party Hates America.

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Let's go to a quote for that book about the war on the Constitution.

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The US Constitution is the most remarkable governing document ever written.

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It creates a functioning federal government but protects both state and individual liberties at the same time.

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It uniquely divides the federal government into three co-equal branches with their own responsibilities and whose members are chosen in fundamentally different ways.

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It is further designed to protect the people from at least two forms of tyranny mob and monarchy.

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Dictatorship.

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Constitution is a document that takes into consideration the extraordinarily diverse nature of America, from its more densely populated areas to its rural communities, from its commercial centers to farming areas, from its fisheries to mining towns, from people of deep faith to people of no faith, from the highly educated to the barely literate, from the rich to the poor and, yes, from the white to the black people and every other skin color.

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It is a self-correcting document, allowing for amendments to address imperfections and unforeseen events, should a significant portion of the body politic and the public demand them.

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The Constitution is a truly incredible manifestation of thousands of years of human existence and progress, yet drafted in a period of less than five months.

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Amen, amen, right on, right on.

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Keep going, mark Levin, but if your purpose is to fundamentally transform America, then your purpose must also be to destroy constitutional republicanism.

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Thus, the Constitution must go either all at once or by parts, and that is exactly what the Democrat Party and its revolutionary partners have in mind.

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Indeed, biden and his party are endlessly and relentlessly looking for ways to bypass the Constitution's obstacles to centralized power, and their propaganda aimed at condemning Republican institutions has grown increasingly shrill, unhinged and deceitful.

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Can there be any argument that the Democrats are not shrill, unhinged and deceitful?

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Absolutely not.

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The majority of them have adopted these radical notions, and, in fact, let's go back to the book for one last full quote.

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It's a long one, but it explains where all this is rooted from, and unfortunately it comes from a professor in my own backyard at the Ohio State University College of Law.

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Again unfortunate, but we have to.

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In the past, the Democrat Party and its accommodations insisted that the Constitution actually embodied their ideological agenda and compelled the outcomes they demanded.

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They celebrated judges and justices who abused judicial review and practiced judicial activism.

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Today they make open their disdain for the Constitution and no longer even seek to disguise their true intentions.

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For example, radical leftist Ruth Kolker, professor at the Merz College of Law at the Ohio State University, is illustrative of this modern assault on the Constitution itself.

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Key to this attack is to try to link the Constitution to slavery.

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She writes in the opening salvo of her essay titled the White Supremacist Constitution that the United States constitution is a document that during every era has helped further white supremacy.

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White supremacy constitutes a political, economic and cultural system in which whites overwhelmingly control power and material resources.

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Conscious and unconscious ideas of white superiority and entitlement are widespread in relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.

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Rather than understand the Constitution as a force for progressive structural change, we should understand it as a barrier to change.

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From its inception, the Constitution enshrined slavery in the degradation of black people by considering them to be property rather than equal members of the community.

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The Civil War amendments did not truly abolish slavery and only prohibited a limited ban on state action.

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Abolish slavery and only prohibited a limited ban on state action.

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Radical reconstruction was short-lived as white supremacy quickly eviscerated any political gains that black voters had achieved.

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The Supreme Court had interpreted the Civil War, their Civil War amendments rather constantly and consistently with their white supremacist roots.

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Rather than serve as an effective instrument to help eradicate the badges, incidents and vestiges of slavery, the Constitution has become a tool to ban volunteer race-affirmative measures at the federal, state and local government level and also to preclude Congress from enacting strong abolitionist measures.

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The Court has enshrined the views of Andrew Johnson, a fierce proponent of white supremacy, into its structure.

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This is the kind of American, anti-american, racist claptrap that passes for constitutional scholarship these days.

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So what is indeed the defense of the Constitution?

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Because we do believe it is a most remarkable document.

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So here is the good and succinct defense from Assistant Professor of Hillsdale College, david Azarod.

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Going back to the book, the argument that the Constitution is racist, suffers from one fatal flaw the concept of race does not exist in the Constitution.

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Nowhere in the Constitution, or in the Declaration of Independence for that matter, are human beings classified according to race, skin color or ethnicity.

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Our human beings classified according to race, skin color or ethnicity.

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Nor should, nor one should, add sex, religion or any other of the Democrat party's favored groupings.

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Our founding principles are colorblind, although our history, regrettably, has not been.

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The constitution speaks of people, citizens, persons, other persons a euphemism for slaves and Indians not taxed, in which case it is their tax exempt status and not their skin color that matters.

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The first references to race and color occur in the 15th Amendment and its guarantee of the right to vote, ratified in 1870.

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Its guarantee of the right to vote, ratified in 1870.

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He goes on.

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The infamous three-fifths clause, which more nonsense has been written than any other clause, does not declare that a black person is worth 60% of a white person.

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It says that, for the purpose of determining the number of representatives for each state in the House and direct taxes, the government would count only three-fifths of the slaves and not all of them, as the southern states who wanted to gain more seats had insisted.

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The 60,000 or so free blacks in the North and the South were counted on par with whites.

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The Constitution defers to the states to determine who shall be eligible to vote.

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Article 1, section 2, clause 1.

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It's a little-known fact of American history that black citizens were voting in perhaps as many as 10 states at the time of the founding.

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The precise number is unclear, but only Georgia, south Carolina and Virginia explicitly restricted suffrage to whites.

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And finally, because the Constitution does not explicitly recognize slavery and does not therefore admit the slaves were property, all the protection it affords to persons could be applied to slaves.

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Any one of these provisions, in the hands of abolitionist statesmen and backed up by the moral rights sentiment, would put an end to slavery in America.

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And that was Frederick Douglass, a great American.

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Now, it is true that the Constitution in 1787 failed to abolish slavery.

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The Constitutional Convention, rather, was convened not to free the slaves but to amend the Articles of Confederation.

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The slaveholding states would have never consented to a new constitution that struck a blow at the particular peculiar institution.

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The Constitution did, however, it did empower Congress to prevent its spread and set it on a course of extinction, while leaving the states free to abolish it within their own territory at any time.

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Regrettably, early Congresses did not pursue a consistent anti-slavery policy.

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This, however, is not an indictment of the Constitution itself.

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As Frederick Douglass explained, a chart is one thing, the course of a vessel is another.

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The Constitution may be right, the government wrong.

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Amen, amen.

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That is a great American, frederick Douglass, that we need to spend more time on.

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Most American history classes do not spend any time on Frederick Douglass.

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He is perhaps one of the greatest African Americans to ever live in this country.

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So in today's Liberty Minute, let us appreciate our US Constitution, let's appreciate its longevity, let's appreciate our US Constitution, let's appreciate its longevity, let's appreciate its brilliance and let's say a prayer for our country and our US Constitution on this day, its birthday, 237 years later.

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May she live another 237 years, amen.

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Thank you for joining us.

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We hope you enjoyed this Theory to Action podcast.

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Be sure to check out our show page at teammojoacademycom, where we have everything we discussed in this podcast, as well as other great resources.

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Until next time, keep getting your mojo on.

LM#53--Happy Birthday to Our US Constitution

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