A Very
Inconvenient Document
by
Vin Suprynowicz
by Vin Suprynowicz
DIGG THIS
Thanks to
a 2004 law authored by U.S. Sen. Robert Byrd, D-W.Va., every American
school and college that receives federal money must teach about
the Constitution on Sept. 17 (the date the document was adopted,
in 1787), or the closest school day available.
Needless to
say, the edict has brought some whimpering. Dan Fuller, director
of federal programs for the National School Boards Association,
told the Associated Press last year that such dictates interrupt
regular lessons on other subjects.
(Gaia worship,
perhaps? "Recycling IV"? "Multicultural Sensitivity"?)
"We don’t
need the federal micromanagement," he said. "Congress
has been acting more like a school board. ... Local schools cover
the Constitution, and they’ve been doing it for a long time."
It would be
nice to think so.
The problem
is that old paintings of fellows in funny stockings and waistcoats
make the Constitution seem a dry and dusty subject, of little concern
in an era of DVDs and rocket ships.
Yet a government
under the U.S. Constitution, to paraphrase columnist Joseph Sobran,
would be a radical improvement over the one we have today.
The Constitution
represents a great compromise. It erected a stronger central government
than that which had prevailed under the Articles of Confederation,
but it promised a skeptical nation – one that has just spent a long
and difficult decade throwing off the reins of King George – that
the powers of that government would be sharply limited.
Delineating
and thereby limiting the powers of the central government is, in
fact, the main function of the founding document.
But while teaching
kids the Constitution is an admirable goal, the very radical nature
of the document raises questions as to whether the government schools
as currently constituted are a reasonable choice to do the job.
While few critics
of "central" and "strong" are to be found teaching
public-school Civics classes these days, any discussion of the LIMITS
on government power are likely to be short-circuited, today, with
complaints that they’re "too political," "too complicated,"
or "not age-appropriate."
Walter Williams,
professor of economics at George Mason University and author of
the books "More Liberty Means Less Government" and "The
State Against Blacks," is a mighty defender of the Constitution
– yet declined to join the cheering section for Sen. Byrd’s holiday,
last week.
"I cannot
think of a piece of legislation that makes greater mockery of the
Constitution," professor Williams wrote in his weekly column,
"or a more constitutionally odious person to father it – Sen.
Byrd, a person who is known as, and proudly wears the label, ‘King
of Pork.’ "
"The only
reason that Constitution Day hasn’t become a laughingstock,"
Professor Williams continued, "is because most Americans are
totally ignorant of, or have contempt for, the letter and spirit
of our Constitution.
"Let’s
examine just a few statements by the framers to see just how much
faith and allegiance today’s Americans give to the U.S. Constitution,"
professor Williams suggests. "James Madison is the acknowledged
father of the Constitution. In 1794, when Congress appropriated
$15,000 for relief for French refugees who fled from insurrection
in San Domingo (now Haiti) to Baltimore and Philadelphia, James
Madison said disapprovingly, ‘I cannot undertake to lay my finger
on that article of the Constitution which granted a right to Congress
of expending, on objects of benevolence, the money of their constituents.’
"Today,
at least two-thirds of a $2.5 trillion federal budget is spent on
‘objects of benevolence.’ That includes Medicare, Medicaid, Social
Security, aid to higher education, farm and business subsidies,
welfare, etc., ad nauseam. ...
"Constitutionally
ignorant people might argue that the Constitution’s ‘general welfare’
clause justifies today’s actions by Congress," Professor Williams
submits. "Here’s what James Madison said: ‘If Congress can
do whatever in their discretion can be done by money, and will promote
the General Welfare, the Government is no longer a limited one,
possessing enumerated powers, but an indefinite one, subject to
particular exceptions.’ Thomas Jefferson echoed, in a letter to
Pennsylvania Rep. Albert Gallatin, ‘Congress has not unlimited powers
to provide for the general welfare, but only those specifically
enumerated.’ "
It would be
wonderful to see the U.S. Constitution taught in the public schools.
I will believe such a course of education is underway when someone
can show me a list of study questions being presented to today’s
students, including:
- Article
I Section 8 grants to Congress alone the power "to declare
war." Did President Bush seek and declare a congressional
"Declaration of War" against Iraq? If not, did he violate
the Constitution when he sent troops to attack that nation?
- Article
I Section 8 says the Congress can exercise "exclusive Legislation
in all cases" over the District of Columbia, and may "exercise
like authority over all places purchased by the consent of the
legislature of the state in which the same shall be ..."
May it exercise such exclusive authority over Yucca Mountain –
building a nuclear waste dump there without state permission,
for example – even though it can show no bill of sale, nor written
consent of the Nevada Legislature to allow it to purchase that
land? Where in the Constitution does that authority arise?
- Article
I Section 10 says "No state shall ... make any thing but
gold and silver coin a tender in payment of debts." What
was the founders’ experience with fiat paper currency that led
to the insertion of that clause? Does the widespread acceptance
of "federal reserve notes," not convertible into gold
and silver, violate this provision? Why or why not?
- The Second
Amendment says the right of the people to keep and bear arms "shall
not be infringed." Do background checks, waiting periods,
$200 taxes, and requirements that a machine-gun purchase be approved
by your local chief of police constitute "infringements"
of these rights? Where in the Constitution are such restrictions
authorized?
- The Fourth
Amendment says a house cannot be searched without a warrant "particularly
describing ... the person or things to be seized." Yet police
routinely seize firearms found during searches, even when no firearms
are specifically listed on the search warrant. Is this constitutional?
Can the courts waive such restrictions without going through the
amendment process stipulated in Article V?
- A constitutional
amendment (the 18th, since repealed) was required to outlaw alcohol
nationwide. When was the constitutional amendment ratified which
authorizes the similar outlawing of marijuana, cocaine, and opium?
What is its number?
- The 13th
amendment says "Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction." Are compulsory
schooling or military conscription consistent with this provision?
Not so dry
and dusty, any more, is it? Better to stick with condemning the
founding fathers as slave-owning misogynists, perhaps. Surely Sen.
Byrd did not intend that the children should be encouraged to ask
so many inconvenient questions. And at such a tender age.
Mind
you, no age is too young to start propagandizing them towards socialism.
(All the privately purchased school supplies being pooled, anyone?)
But not THIS stuff! Heavens!
September
18, 2006
Vin
Suprynowicz [send
him mail] is assistant editorial page editor of the daily Las
Vegas Review-Journal and author of The
Black Arrow.
Copyright
© 2006 Vin Suprynowicz
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