And Now, A Few Words From Our Founders

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." (In Congress, July 4, 1776. The Declaration of Independence.) "All men are created equal." No King, no Lords that are somehow inherently better than anyone else. "Endowed by their Creator." Our Founders were God-fearing men. "Unalienable Rights...Life, Liberty and the pursuit of Happiness." Imagine how novel these ideas were in 1776. A document that put the individual as the center of society - not subservient to it.

When we turn to the Constitution, we are looking at the greatest governing document ever created by mere mortals. Our original governing documents, the Articles of Confederation, were deemed insufficient to keep our thirteen colonies/states united behind a centralized government. Hence, the Constitution. In an Op-Ed in yesterday's Wall Street Journal, Joseph Tartakovsky told us that since 1789, the year of enacting our Constitution, "the average life span of national constitutions world-wide has been 19 years" (citing research out of the University of Chicago).

Our Founders were some of the greatest political philosophers in history. Imagine creating a government strong enough to hold the states together, but limited enough in its powers to keep the well-being of the individual as the purpose for the government. Benjamin Franklin was the oldest, and by some measures the wisest, of all those who participated in the Constitutional Convention. Franklin: "...I agree to this Constitution, with all its faults, if they are such; because I think a General Government necessary for us, and there is no Form of Government but what may be a blessing to the People if well administered..." But Franklin was also concerned about all societies devolving into despotism.

The House of Representatives in its entirety is elected every two years. As the "People's House," it is meant to reflect the current attitudes of the society. But to offset what might be dangerous trends we have the Senate, with Senators serving a term of six years, long enough to outlast some of those trends. To further assure that end, only 1/3 of the Senators are up for election every two years. While a President may veto Congressional legislation, that executive is not all-powerful, as the Congress may override any veto by a two-thirds vote.

When we look at Article 1, Section 8, of the Constitution we see the enumerated powers given to Congress. Why delineate a specific number of powers? Because the Founders were very concerned about too powerful a central government. The President, a civilian, was made Commander-in-Chief of the military. The President has the power to appoint his principal officers in the executive department - but only with the Advice and Consent of the Senate. The President was to put in charge of foreign policy, having the power to enter into treaties with other nations - but, again, with approval of the Senate by "two-thirds of the Senators present." And the President is elected by an electoral college, to avoid giving the most populated states permanent control over the executive branch. Otherwise, the smaller states would have been reluctant to join this union.

While the Constitution did create a federal judiciary, it not specifically give the Courts the right to declare legislation or executive orders to be "unconstitutional." That power the Supreme Court took upon itself in its famous decision by Chief Justice John Marshall in the 1803 case of Marbury v. Madison. Marshall: "The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States..." And: "The constitution is either superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." But Article V sets forth the limited manner in which the Constitution may be amended.

Some of the Founders realized that, while the Constitution set forth the structure of the government, it neglected to ensure the rights of the individual to "life, liberty and the pursuit of happiness." Hence, the first 10 Amendments - our Bill of Rights. The Bill of Rights makes us the freest people on the planet. The freest people in history. We have the right to speech, to practice our own religion, to petition the Government for a redress of grievances, the right to keep and bear arms, the right to be protected from unreasonable searches and seizures by the government, the right against self-incrimination, and the right to "not be deprived of life, liberty, or property, without due process of law."

As the above-referenced Mr. Tartakovsky wrote: "It is not in having a constitution that our strength lies, but in cherishing it." Yet, many today, generally on the Left, have little appreciation for the Constitution. They would amend the First Amendment to deal with Citizens United, or to prohibit hurtful speech. They would eliminate the right to keep and bear arms. And they would have no respect for property rights, with this trend particularly present in millennials. In one poll, 44% of millennials preferred socialism, 7% supported communism, and 7% even supported fascism. Compared to the majority (51%) preferring socialism/communism, only 42% preferred capitalism.

Ben Franklin is alleged to have been asked, upon leaving the Constitutional Convention, what type of government the Founders created. His reply: "A Republic, if you can keep it." Maybe we can all do our best to keep it. God bless America. And Happy Birthday!