Brilliance in the Constitution
It seems that the most spirited debate over certain laws is always happening. Even the simplest of writings that outline the desires of freedom are constantly questioned.
The men who penned such documents I believe did so to identify in black and white just what was right or wrong. To me there was no reason for interpretation. It was written and that was that.
But in the modern-day, fancy attorneys scoop the money in by the barrel to try and interpret just what a man over 230 years older than themselves meant when they put the ink to parchment. They devise loopholes in the wording and try to apply what was written into their own narrative. And new laws created seem to carry many of those loops and a system of how to navigate them unimpeded by the law.
Perhaps the parchment of days ago is thicker and more durable than that of today, and that is where statements like “That isn’t worth the paper it’s printed on!” comes from.
But I think our founding fathers did have a direct purpose and did mean exactly what they said, and that is why such laws as the Bill of Rights have stood for so many years. For example, by law you have the right to voice your opinion as I often do, but it doesn’t mean that you don’t have to respect another’s opinion even if it differs greatly from your own.
You have the right to collectively petition the government for change or fairness but that doesn’t give you the right to damage government property or threaten government officials to get your way. Our forefathers were smart, but not all were scholars and the rules of our land and government were written for anyone who could read to take note and apply themselves most correctly.
Within the rules of our federal government certain power is given to state governments that through the elective process of referendum or by representation can affect things in their own state, but not supersede laws already enacted by the federal rule. A state does not have the right in any circumstance to overrule a federal law like for example the second amendment.
The amendment was written in plain English and clearly identifies its intent as a means of preserving the union against possible foreign invaders or the army within.
Since the 1960s if not before it has been hacked and chopped to pieces by different state governments who at certain times felt it was giving too much freedom to a citizen to defend not just himself but his neighbors and countrymen.
Much earlier along the path came the 1860s and a fog of dissention covered the land. Identifying that many men and women were brought to this country to work as slaves for rich plantation owners primarily in the southern states, opposition to this practice was growing. A president of great thought decided to proclaim these new residents free, and a most sickening war began over the discrimination of another human being. America withstood another time of war between our very own shores, and the emancipation of these enslaved people was realized.
Now the wording of laws and rules had to be even more to the point where we were expecting those who could not read to understand what they meant. Again, no room for fancy attorneys or legal eagles.
Our book of laws is a simple man’s reading, and what is written is what is meant in bold text. Not construed or guessed about, there are no hidden meanings or secret text. It seems to me that we would all get along much better if we took the stance of verbatim and applied ourselves in the fairest manner to all laws properly acknowledged. And for the many that have been created to give advantage to one citizen over another their place has been determined in the cylinder object near the desk at every office. If we revert to following the laws as written there can be no mistakes made in how it should be applied because it’s right, there, as I’ve said in black and white.
Once we’ve returned to the proper practice and utilize our federal laws to preside over what is good for everyone in the nation, and see that the states statutes would cover only things that affect the citizens within their borders, the real freedoms and privileges given to every American by our national collection of laws can be truthfully realized, chief among them, the bill of rights.
It’s interesting to see the descriptions of words applied in our government concerning rules. Congress makes Laws. State legislatures enact Statutes; local governments make ordinances.
Each of these identifying names mean similar things but are applied to a specific level of citizenship. A state or local government should not have the ability or rights to restrict the rights given to an individual by federal law, whether by enacting special privilege or statute.
In preparation of our upcoming 250th anniversary of independence it might be wise to step back from the printing press, button our lips to wild debate, and dust off that old book called the United States Constitution.
Many will be surprised just what is within its contents. They will quickly understand what is written in such plain verse. Because We the People establish Justice and Liberty, for Ourselves and our Posterity. That means then now, and in the future.
The American Legion supports our constitution as written and will defend its continued use in our great United States of America. A land of the free because of the brave.
Kirk L. Miller is past commander of the Chautauqua County American Legion.