Love the articles and don’t want to get to pedantic; but Gary Willis’s excellent book Lincoln at Gettysburg makes a strong counter argument. Whether the Declaration or the Constitution was the key founding document was an immensely important issue in the Civil War. The South’s theory being that since the states ratified the Constitution, they could legally revoke that ratification and leave the Union. If instead the Declaration was the beginning then, as you note, the founding of the country was based on natural law and no human or legislature could undo it. Lincoln successfully settled the debate in famous but oft overlooked words, “four score and seven years ago” referring to 1776 not 1789. Of course there are multiple ways to see it, and both documents are critical to the US’s incredible 249 year run. But it is worth noting that there may be quite a bit more at stake in this seemingly simple question than meets the eye. Thanks for all of the lively, thoughtful, and insightful articles and keep em coming!
Thanks for the recommendation I will read the Wills book! Akil Amar’s book The Words That Made Us concludes (Amar is a Yale law professor) that the South did have a right to secede and it’s a lucky thing for the world that didn’t happen.
From the outside looking in, it seems to me that the Constitution has been under attack from its own government officials. I'd never thought I would see this day. I don't think I could stand in front of Abe's memorial and not weep. I hope that some sanity will prevail eventually and that America can become the land that Lincoln envisioned once again. There is a greatness that is being buried by selfish and greedy people for their own gain and their own agendas. If the madness doesn't stop there will be a collapse like the world has not yet seen.
"Even on January 6, 2021, when institutions of American democracy were assaulted from the White House itself in an inside job, the Constitution proved stronger than its attackers.|
I'm not sure this aged well.
Constitutional Amendments: Patch is a good description. Many software patches only fix the big problem but ignore the smaller related ones or create future bugs (loopholes in this analogy).
** Why did the amendment effectively granting the enslaved the right to vote not just say all citizens, male and female, get to vote?
** The 22nd Amendment is currently being scrutinized to find a way for Trump to run for a 3rd term.
SCOTUS: I may have said this here before or on another substack but I believe there should not only be term limits but they should be staggered so every POTUS gets to appoint one per term and write the language to avoid any McConley chicanery.
Secession: I understand why it was important not to let the South secede from the Union but it just strikes as weird that if you join a club, you aren't allowed to ever leave.
The Electoral College is not “vestigial.” It changed one individual election into 50 elections, requiring a successful presidential candidate to win large geographic portions of the country. Otherwise, a candidate could dominate a few large states and become President. In other words, it’s part of Federalism. Just as we don’t have national elections for our congressional representatives, the Electoral College ensures that more local efforts matter. Also, if we had direct election, cheating (say in Texas or California) could sway the entire election, not just a piece of it.
The head says we became a nation of laws when the Constitution was ratified in 1791; ah but the heart thrills at raising the fist against the King of Great Britain and his taxes, dressing like “Indians” and dumping tea in Boston harbor. Heart wins every time. Happy Independence Day to all!
Could also make a case that June 19th 1966 or August 26th, 1920 is a more appropriate birthday....perhaps August 26th should also be a holiday.
And yeah..in regards to the constitution standing firm from the J6 attack....well obviously the founders i think would not have believed that someone who had perpetuated and led that would be allowed to run again, let alone escape jail time....or worse.
Love the articles and don’t want to get to pedantic; but Gary Willis’s excellent book Lincoln at Gettysburg makes a strong counter argument. Whether the Declaration or the Constitution was the key founding document was an immensely important issue in the Civil War. The South’s theory being that since the states ratified the Constitution, they could legally revoke that ratification and leave the Union. If instead the Declaration was the beginning then, as you note, the founding of the country was based on natural law and no human or legislature could undo it. Lincoln successfully settled the debate in famous but oft overlooked words, “four score and seven years ago” referring to 1776 not 1789. Of course there are multiple ways to see it, and both documents are critical to the US’s incredible 249 year run. But it is worth noting that there may be quite a bit more at stake in this seemingly simple question than meets the eye. Thanks for all of the lively, thoughtful, and insightful articles and keep em coming!
Thanks for the recommendation I will read the Wills book! Akil Amar’s book The Words That Made Us concludes (Amar is a Yale law professor) that the South did have a right to secede and it’s a lucky thing for the world that didn’t happen.
From the outside looking in, it seems to me that the Constitution has been under attack from its own government officials. I'd never thought I would see this day. I don't think I could stand in front of Abe's memorial and not weep. I hope that some sanity will prevail eventually and that America can become the land that Lincoln envisioned once again. There is a greatness that is being buried by selfish and greedy people for their own gain and their own agendas. If the madness doesn't stop there will be a collapse like the world has not yet seen.
Happy 4th of July!
"Even on January 6, 2021, when institutions of American democracy were assaulted from the White House itself in an inside job, the Constitution proved stronger than its attackers.|
I'm not sure this aged well.
Constitutional Amendments: Patch is a good description. Many software patches only fix the big problem but ignore the smaller related ones or create future bugs (loopholes in this analogy).
** Why did the amendment effectively granting the enslaved the right to vote not just say all citizens, male and female, get to vote?
** The 22nd Amendment is currently being scrutinized to find a way for Trump to run for a 3rd term.
SCOTUS: I may have said this here before or on another substack but I believe there should not only be term limits but they should be staggered so every POTUS gets to appoint one per term and write the language to avoid any McConley chicanery.
Secession: I understand why it was important not to let the South secede from the Union but it just strikes as weird that if you join a club, you aren't allowed to ever leave.
The Electoral College is not “vestigial.” It changed one individual election into 50 elections, requiring a successful presidential candidate to win large geographic portions of the country. Otherwise, a candidate could dominate a few large states and become President. In other words, it’s part of Federalism. Just as we don’t have national elections for our congressional representatives, the Electoral College ensures that more local efforts matter. Also, if we had direct election, cheating (say in Texas or California) could sway the entire election, not just a piece of it.
Good points
The head says we became a nation of laws when the Constitution was ratified in 1791; ah but the heart thrills at raising the fist against the King of Great Britain and his taxes, dressing like “Indians” and dumping tea in Boston harbor. Heart wins every time. Happy Independence Day to all!
Could also make a case that June 19th 1966 or August 26th, 1920 is a more appropriate birthday....perhaps August 26th should also be a holiday.
And yeah..in regards to the constitution standing firm from the J6 attack....well obviously the founders i think would not have believed that someone who had perpetuated and led that would be allowed to run again, let alone escape jail time....or worse.