Is the US Constitution Viable in the 21st Century?

Today, many people question the viability of our Constitution. People ask if 18th century men could anticipate the complex issues of the 21st Century. In other words, can something written over two hundred years ago direct a government in our modern world? The short answer is yes, but let me explain.

When James Madison brought the Virginia Plan to Philadelphia, it was not a list of laws, but a system of government. A system that forthrightly recognized the weaknesses of man, and delineated a set of checks and balances to distribute power; not just between the three branches of government, but also between the federal government and the states.

Although the delegates debated endlessly over the elements of the design, and made major revisions to Madison's plan, they always kept the debates focused on limiting centers of powers. They were serious men designing a system of government for the ages to protect liberty for themselves and their posterity. Although not a common phrase at the time, every one of the fifty-five men at the Federal Convention would agree with the maxim that power corrupts, and absolute power corrupts absolutely.

Lincoln at Cooper Union

Lincoln photo from day of speech

In early 1860, Abraham Lincoln was a little known regional politician from Springfield, Illinois. The Republican Party was new, and had failed running national hero John C. Frémont for president in 1856. Lincoln's chances of ascending to the presidency under the Republican banner were slight. All that changed in New York City on February 27, 1860. That afternoon, Lincoln had his photograph taken by Mathew Brady, and in the evening, he gave a historic speech at the Cooper Union. Lincoln often claimed that Brady’s photograph and his Cooper Union address propelled him to the presidency.

Below is a highly abridged version of Lincoln’s speech.

John Boehner in a Pickle Quotes Yours Truly

John Boehner

John Boehner posted an article today at Constituting America. Near the beginning, he quotes an earlier article that I wrote for the site: “Concentrated political power frightened the Founders. They especially feared unrestrained executive power.”

It was an honor to be quoted by the Speaker of the House, but I felt his article weak. I suspect that the political turmoil in the 2016 race prompted him to write a reassuring piece claiming that the House was fighting executive encroachment on legislative powers.

Unfortunately, the actions related in the article are old and long ago lost their allure. People are frustrated. They want consequential action, not base appeasement. Few take comfort that the House puts its trust in the glacial judicial branch to protect its prerogatives. The United States Congress has its own powers ... if they can work up the courage to use them.

Here is a link to my essays at Constituting America.

Celebrating Independence Day in 1787 While Drafting the Constitution

The following excerpt from Tempest at Dawn describes the Independence Day celebration held during the Constitutional Convention. The events and Reverend Campbell’s words are accurate to the historic record.

BOOM! BOOM! BOOM!

The cannon fire hurt James Madison’s ears and teared his eyes as concussions pounded his body. Sulfuric mephitis scratched his throat, and the rotten egg odor made him queasy. The thirteen reports ended, but before Madison could draw a grateful and tranquil breath, the artillery brigade started another round.

After three consecutive resounding salutes of thirteen cannon shots, Madison felt exhausted. He had been jostling for a position from which to see the Independence Day celebration when the cannon fire assaulted his senses. The State House Commons throbbed with people keyed up with rum and excitement. The crowd churned on the periphery of the Commons, while the Society of the Cincinnati, the City Calvary, the Light Infantry, and a battalion of militia vied for attention in the center of the swirling people. Each military formation, spruced up in their finest regalia, stood eager to demonstrate their parade skills. The units waited, as did Madison, for the artillery to finish their noisy salute.

Philadelphia, as the site of the signing of the Declaration of Independence, took pride in holding the rowdiest Fourth of July gala in the nation. Festivities would go from dawn until deep into the night. The city echoed with public celebrations, ringing bells, and martial music. Every church would conduct special devotionals, and all 117 taverns would compete for revelers with loud entertainment. The formal celebrations had started early in the morning, with city officials, aspiring orators, and preachers making the customary thirteen toasts.

Would Divided Government Have Surprised the Founders?

Recent events in Washington make you wonder if anyone can get along inside the Beltway. It’s not just Democrats versus Republicans—now Democrats war with Democrats and Republicans war with Republicans. And all of them seem at odds with those of us in the hinterlands. Washington is getting like the Middle East without the beheadings.

Are the Founders’ at fault for government dysfunction? Garrett Epps thinks so. In an illogical piece in The Atlantic, Epps claims the Founders never anticipated a divided government. He wrote:

I’m trying to illustrate a dangerous weakness of our system, one that the Framers clearly did not foresee. Many of them believed there would not be political parties in the new system. Others no doubt thought that the government they had designed would consist of a Congress that met for a month or so every December and a president who would supervise a slumbering bureaucracy the rest of the year. Some of them assumed the president would be a passive figure, administering directions from Congress; others imagined a chief executive with some of the majesty of the king of England. I don’t think any of them anticipated that the two branches would ever clash over which represented "the will of the voters."

Epps teaches constitutional law at the University of Baltimore, but it seems he never got beyond grade school American history. (Actually, he probably knows better but hopes the rest of us have a cherry tree understanding of American history.)

First of all, none of the Founders owned a pair of rose colored glasses. These were hard core realists. Their entire design is based on placing guardrails around partisan combatants and tempering human frailty. Claiming the Founders never anticipated divided government is ignorant or disingenuous.

Historians estimate that about one third of the colonists supported a break with England, one third opposed it, and the remaining third kept their head down to avoid musket balls.  That’s pretty partisan. Jolly old Ben Franklin even became estranged from his son because they found themselves on opposite sides of the cause. Estranged is probably too light of a word since Franklin stopped G. Washington from setting his son free in a prisoner swap. Franklin and his son never forgave or forgot. Delegates to the Constitutional Convention knew ratification would be a ferocious battle, and before the convention was even over, took several actions to tilt the debate in their favor. And these men never anticipated partisanship and a divided government?

Rendezvous with Destiny: Ronald Reagan and the Campaign that Changed America By Craig Shirley

Theodore White in his book In Search of History wrote, "Threading an idea into the slipstream of politics, then into government, then into history... is a craft which I have since come to consider the most important in the world." This was Ronald Reagan's gift ... and it is a rare gift indeed.

I grew up enthralled with Theodore White’s Making of the President series. Shirley’s book does not measure up to White, but that has more to do with White’s mastery than with Shirley’s shortcomings. With White no longer with us, I’m glad Shirley has picked up the mantle—at least for Ronald Reagan’s campaigns.

Wall Street Journal Letter to the Editor

Click to enlarge

Liberty and Private Property

“The pillars of our prosperity are the most thriving when left most free to individual enterprise.” Thomas Jefferson

The Founders were firm believers in private property rights.  In their minds, private property rights and liberty were intertwined.  Does this make sense?

Let’s go back to 1776.  At the time, we revolted against more than the British; we also revolted against Divine Right.  A short time earlier only nobility owned property and the great mass of humanity were serfs.  As this system withered, the common man developed property rights, and with property, gained political voice.  The Enlightenment preached that all men possessed God given rights, including the right to own property. By the second half of the eighteenth century, most British subjects equated property rights with liberty because they had seen that one followed the other.

In their view, prosperity and broad distribution of wealth depended on the protection of private property.  Even before the Declaration of Independence, the Virginia Declaration of Rights led off with “all men are by nature equally free and independent and have certain inherent rights, of which … namely, the enjoyment of life and liberty, with the means of acquiring and possessing property.”

James Madison said, “The government is instituted to protect property.”

Happy Constitution Day

And thank you Mr. James Madison—Father of the Constitution.

"The rights of man as the foundation of just Government had been long understood; but the superstructures projected had been sadly defective."

"[The Constitution of the United States] was not, like the fable Goddess of Wisdom, the offspring of a single brain.  It ought to be regarded as the work of many heads and many hands."

"The happy Union of these States is a wonder; their Constitution a miracle; their example the hope of Liberty throughout the world.  Woe to the ambition that would meditate the destruction of either!"

Slavery in the Constitution

If Founders believed in the Founding Principles, then they knew in their heart that slavery was the epitome of oppression. Slavery denied other humans the exercise of their liberty, which the Founders understood to be precious. Yet it was a slaveholder who wrote, “All men are created equal, that they are endowed by their Creator with certain unalienable rights.”

Slavery is a difficult issue in our nation’s history. The Founders, especially the Constitutional Framers, have received censure for not taking greater action against slavery. Some of the more prominent Founders are denigrated because they owned slaves. How can the Founders comments be reconciled with their actions? The answer is not simple.

Slavery at the Founding

At the time of the Constitutional Convention, slavery was illegal only in Massachusetts; more than two hundred slave ships regularly sailed out of New England; and over half of the wealth in the South comprised slaves. Both England and the North held a large amount of loans collateralized by slaves. In 1787, slavery was widespread, and a major element of the economy in both the South and the North.

Despite the position of slavery in 1787, many of the Founders believed slavery was already on its way to extinction. The slave trade had been made illegal in ten of the thirteen states. All thirteen states were seeing an increase in free blacks, especially in the North and the frontier areas of the South. Between 1775 and 1800, the number of free blacks in the nation increased from fourteen thousand to one hundred thousand. Virginia had passed legislation that freed slaves who served in the army or navy. In 1780, Quakers in Pennsylvania pressured the state legislature to pass a law declaring all children of slaves free. With the importation of additional slaves prohibited in most of the country, declining slave labor economics, and growing pressure to declare the newborn of slaves free, most of the Founders didn’t want to jeopardize the union over an institution that was already dying. For this reason, even staunch abolitionists like Benjamin Franklin only made peripheral swipes at slavery during the Constitutional Convention.

The Beaufort Observer reviews Tempest at Dawn

Allen Ball Reviews Tempest at Dawn in his Ballpoint column

The real story of our nation's founding

"I find hope and confidence in the wonderfully written Tempest At Dawn, by James D. Best. Mr. Best sheds light on a time when it was necessary to revise the Articles of Confederation. He does it with eloquence. I wanted to read Tempest At Dawn, from cover-to-cover, after reading the first couple of pages. 

I felt as though I was present at the proceedings of the Convention and the private meetings of James Madison, George Washington, Roger Sherman, and others. You cannot help but feel pride as an American, as Tempest At Dawn reminds us of the impeccable integrity of our Founding Fathers. The delegates regarded one another with utmost respect and civility.

If you want to know the truth about the character of those gentlemen and you want to learn about the evolution of one of the greatest documents ever created by man—the Constitution of the United States—relax in your bed, favorite chair or recliner, and enjoy Tempest At Dawn, by James D. Best."

Read the full review

Author Interview: From Inception to Current Events

I ran across this Jumping in Pools interview from 2010, and it still reflects some good points about the creation of Tempest at Dawn and its relationship to current events. Here's a snippet:

"All of my writing had been highly technical, but storytelling has always fascinated me. Although I now write fiction, I had a bumpy start. I had to read piles of books on the art of fiction, hire a writing coach, and attend numerous workshops. Then I blundered around until I started to get the hang of it. It took years for me to shed the baggage that I had brought from the technical, non-fiction world. The main thing I had to learn was how to relay history and facts without interrupting the flow of the story. Much tougher than I expected."

 You can read the rest of the interview here...

The real story of our nations founding.