What Type of Constitution Do You Prefer
Content
What type of Constitution do you prefer?
Recently, Supreme Court Justice Ruth Bader Ginsburg, while speaking with Al Hayat television in Egypt on February 1st, 2012, made a rather interesting statement. She said, "I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, have an independent judiciary. It really is, I think, a great piece of work that was done." At first that statement angered and alarmed me. I began to wonder, “How could a Supreme Court Justice even think, much less say, such a thing?” After all, a Supreme Court Justice takes an oath to follow the Constitution and the laws of the United States. Once I calmed down, I began to think about her actual statement (As I’ve grown older, and hopefully wiser, I’ve found that it’s always a good idea to take the opportunity to calm down and think rationally, instead of reacting immediately and emotionally, about any person’s statement.). I began to come up with questions in my mind such as: What did her statement mean? Where was she coming from? What is in the Republic of South Africa’s Constitution? What were the founders’ intentions when they wrote our Constitution? Why do I feel our Constitution is a superior document? Eventually, I came to another question. It created a sort of an ‘Aha!’ moment for me. I had re-read the preamble of our Constitution, read for the first time the portions of The Republic of South Africa’s Constitution and had given consideration to her statement. I also remembered a quote from John Adams regarding our Constitution, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." The question that came to my mind at that point was ‘What type of Constitution do I prefer?’ The ‘Aha!’ wasn’t this question. It was the natural expansion of this question which sprung up in my mind immediately after reflecting on it. Do I prefer a Constitution in which the people grant rights to the government, or do I prefer a Constitution in which the government grants rights to the people? Granted, this is a bit of an over-simplification, but when reading the United States Constitution and the Bill of Rights it becomes quite clear that the founders’ intentions were to clearly define and to limit the powers of the federal government. The States were to remain sovereign and the power to maintain liberty was given to the people. This was a great deal of responsibility to lay at the feet of the people. It was something that had never been tried before throughout history. This is why, I believe, John Adams made his statement. It takes a people of tremendous conviction, who believe in objective moral values and absolute truths, to be able to handle this great responsibility. He understood that without these qualities ‘The Grand Experiment’ would fail. From there it didn’t take long, researching quotes of several of the other founders, to reveal that they believed the same way: "Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes." - James Madison - Speech at the Virginia Convention to ratify the Federal Constitution on June 6th, 1788.
"The preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people." - George Washington – quote from his inauguration address, after taking the oath of th, office as first President of the United States on April 30 1789. "Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God?" - Thomas Jefferson - 1785 Notes on the State of Virginia "Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains. A vitiated state of morals, a corrupted public conscience, is incompatible with freedom. No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles." - Patrick Henry "Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the truest friend of the liberty of his country who tries most to promote its virtue." - Samuel Adams - Essay in the Public Advertiser, 1749 In contrast to our Constitution, the Constitution of The Republic of South Africa, instead of outlining the limits of governmental authority and leaving everything else to the States and to the liberty of the people, is a much more complex document. While it is a well written document, the .pdf that I downloaded is 77 pages long. Here is a quick ‘table of contents’ summary of what is defined within it: o o o o o o o o o o o o o o o o o o o o o o o o Explanatory memorandum Preamble Chapter 1: 1-6 Founding provisions Chapter 2: 7-39 Bill of Rights Chapter 3: 40-41 Co-operative government Chapter 4: 42-82 Parliament Chapter 5: 83-102 The President & National Executive Chapter 6: 103-150 Provinces Chapter 7: 151-164 Local Government Chapter 8: 165-180 Courts & Administration of Justice Chapter 9: 181-194 State institutions supporting constitutional democracy Chapter 10: 195-197 Public Administration Chapter 11: 198-210 Security Services Chapter 12: 211-212 Traditional Leaders Chapter 13: 213-230 Finance Chapter 14: 231 243 General Provisions Schedule 1: National Flag Schedule 1A: Geographical areas of provinces Schedule 2: Oaths & Solemn Affirmations Schedule 3: Election Procedures Schedule 4: Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5: Functional Areas of Exclusive Provincial Legislative Competence Schedule 6: Transitional Arrangements Schedule 7: Laws Repealed
The level of detail and complexity of this document goes against what our founders intended when they wrote our Constitution. Our Constitution is remarkable in its simplicity. It was intended
to not be overwhelming and to be easily understood by the common man. As evidenced by our founders quotes noted above, our Constitution relies on a virtuous people to uphold its foundation. I’ll provide one more quote as additional food for thought when considering each Constitution. R.J. Rushdoony in his book ‘Law and Liberty’ stated, “When you choose your authority, you choose your god, and when you look for your law, there is your god.” While God is not mentioned in our Constitution it is abundantly clear that our founders believed that God is the ultimate authority and the ultimate lawmaker. They limited the authority of the government and relied on the virtuosity of the people to make it work. Conversely, the Constitution of the Republic of South Africa, although it does mention God (in the preamble it states, “May God protect our people”), appears to be a document where man is the defining authority of the law, particularly when considering Justice Ginsberg’s quote. I’ve made my choice. I understand and accept the responsibility that I have been given by the grace of God and as a citizen of these United States. As Alexander Hamilton said at the New York convention on the adoption of the federal Constitution, Poughkeepsie, New York, June 27, 1788, “Here, sir, the people govern.”
Recently, Supreme Court Justice Ruth Bader Ginsburg, while speaking with Al Hayat television in Egypt on February 1st, 2012, made a rather interesting statement. She said, "I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, have an independent judiciary. It really is, I think, a great piece of work that was done." At first that statement angered and alarmed me. I began to wonder, “How could a Supreme Court Justice even think, much less say, such a thing?” After all, a Supreme Court Justice takes an oath to follow the Constitution and the laws of the United States. Once I calmed down, I began to think about her actual statement (As I’ve grown older, and hopefully wiser, I’ve found that it’s always a good idea to take the opportunity to calm down and think rationally, instead of reacting immediately and emotionally, about any person’s statement.). I began to come up with questions in my mind such as: What did her statement mean? Where was she coming from? What is in the Republic of South Africa’s Constitution? What were the founders’ intentions when they wrote our Constitution? Why do I feel our Constitution is a superior document? Eventually, I came to another question. It created a sort of an ‘Aha!’ moment for me. I had re-read the preamble of our Constitution, read for the first time the portions of The Republic of South Africa’s Constitution and had given consideration to her statement. I also remembered a quote from John Adams regarding our Constitution, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." The question that came to my mind at that point was ‘What type of Constitution do I prefer?’ The ‘Aha!’ wasn’t this question. It was the natural expansion of this question which sprung up in my mind immediately after reflecting on it. Do I prefer a Constitution in which the people grant rights to the government, or do I prefer a Constitution in which the government grants rights to the people? Granted, this is a bit of an over-simplification, but when reading the United States Constitution and the Bill of Rights it becomes quite clear that the founders’ intentions were to clearly define and to limit the powers of the federal government. The States were to remain sovereign and the power to maintain liberty was given to the people. This was a great deal of responsibility to lay at the feet of the people. It was something that had never been tried before throughout history. This is why, I believe, John Adams made his statement. It takes a people of tremendous conviction, who believe in objective moral values and absolute truths, to be able to handle this great responsibility. He understood that without these qualities ‘The Grand Experiment’ would fail. From there it didn’t take long, researching quotes of several of the other founders, to reveal that they believed the same way: "Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism. If we go over the whole history of ancient and modern republics, we shall find their destruction to have generally resulted from those causes." - James Madison - Speech at the Virginia Convention to ratify the Federal Constitution on June 6th, 1788.
"The preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American people." - George Washington – quote from his inauguration address, after taking the oath of th, office as first President of the United States on April 30 1789. "Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God?" - Thomas Jefferson - 1785 Notes on the State of Virginia "Bad men cannot make good citizens. It is when a people forget God that tyrants forge their chains. A vitiated state of morals, a corrupted public conscience, is incompatible with freedom. No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue; and by a frequent recurrence to fundamental principles." - Patrick Henry "Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt. He therefore is the truest friend of the liberty of his country who tries most to promote its virtue." - Samuel Adams - Essay in the Public Advertiser, 1749 In contrast to our Constitution, the Constitution of The Republic of South Africa, instead of outlining the limits of governmental authority and leaving everything else to the States and to the liberty of the people, is a much more complex document. While it is a well written document, the .pdf that I downloaded is 77 pages long. Here is a quick ‘table of contents’ summary of what is defined within it: o o o o o o o o o o o o o o o o o o o o o o o o Explanatory memorandum Preamble Chapter 1: 1-6 Founding provisions Chapter 2: 7-39 Bill of Rights Chapter 3: 40-41 Co-operative government Chapter 4: 42-82 Parliament Chapter 5: 83-102 The President & National Executive Chapter 6: 103-150 Provinces Chapter 7: 151-164 Local Government Chapter 8: 165-180 Courts & Administration of Justice Chapter 9: 181-194 State institutions supporting constitutional democracy Chapter 10: 195-197 Public Administration Chapter 11: 198-210 Security Services Chapter 12: 211-212 Traditional Leaders Chapter 13: 213-230 Finance Chapter 14: 231 243 General Provisions Schedule 1: National Flag Schedule 1A: Geographical areas of provinces Schedule 2: Oaths & Solemn Affirmations Schedule 3: Election Procedures Schedule 4: Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5: Functional Areas of Exclusive Provincial Legislative Competence Schedule 6: Transitional Arrangements Schedule 7: Laws Repealed
The level of detail and complexity of this document goes against what our founders intended when they wrote our Constitution. Our Constitution is remarkable in its simplicity. It was intended
to not be overwhelming and to be easily understood by the common man. As evidenced by our founders quotes noted above, our Constitution relies on a virtuous people to uphold its foundation. I’ll provide one more quote as additional food for thought when considering each Constitution. R.J. Rushdoony in his book ‘Law and Liberty’ stated, “When you choose your authority, you choose your god, and when you look for your law, there is your god.” While God is not mentioned in our Constitution it is abundantly clear that our founders believed that God is the ultimate authority and the ultimate lawmaker. They limited the authority of the government and relied on the virtuosity of the people to make it work. Conversely, the Constitution of the Republic of South Africa, although it does mention God (in the preamble it states, “May God protect our people”), appears to be a document where man is the defining authority of the law, particularly when considering Justice Ginsberg’s quote. I’ve made my choice. I understand and accept the responsibility that I have been given by the grace of God and as a citizen of these United States. As Alexander Hamilton said at the New York convention on the adoption of the federal Constitution, Poughkeepsie, New York, June 27, 1788, “Here, sir, the people govern.”
