While the popularity of Constitution Day has waned over the years, the enduring importance of the Constitution remains undeniable. Despite criticisms that it limits democracy and thwarts efforts to address racial issues, the Constitution has served as a bulwark against government overreach and protected individual rights.
On September 17th, the United States celebrates Constitution Day, commemorating the signing of the document that established the framework for American government and guaranteed fundamental rights and freedoms. However, the holiday has lost some of its luster in recent years, and the Constitution itself has come under attack from critics who argue that it is outdated and harmful.
Despite these criticisms, the Constitution has proven to be remarkably resilient, withstanding the test of time and serving as the foundation of American law and society for over two centuries. Its longevity is a testament to its inherent strength and the enduring principles it embodies.
The Unwavering Strength of the Constitution: Despite Critics, the Constitution Remains the Foundation of American Law and Liberties
One of the key criticisms leveled against the Constitution is that it limits democracy by preventing the majority from implementing their will. However, this is precisely the purpose of the Constitution: to protect individual rights from the tyranny of the majority. By establishing a system of checks and balances and enumerating specific rights, the Constitution ensures that no one branch of government can become too powerful.
Another criticism is that the Constitution inhibits efforts to address racial issues. The critics argue that the Constitution's clauses on equal protection and due process have been used to uphold discriminatory laws and prevent the government from taking affirmative action to address systemic racism.
The Unwavering Strength of the Constitution: Despite Critics, the Constitution Remains the Foundation of American Law and Liberties
However, as history has shown, it is when the government deviates from the Constitution's original intent that the worst injustices occur. Cases like Plessy v. Ferguson, Korematsu v. United States, and Buck v. Bell illustrate how the Supreme Court's disregard for the Constitution's plain text led to discriminatory laws and policies.
In Plessy v. Ferguson, the Supreme Court upheld Louisiana's Separate Car Act, which mandated segregated railway cars. The court's infamous "separate but equal" doctrine was a travesty of justice that denied African Americans their equal rights. It took decades of tireless efforts by civil rights activists and the Supreme Court's reversal of its decision in Brown v. Board of Education to finally end legalized segregation.
The Unwavering Strength of the Constitution: Despite Critics, the Constitution Remains the Foundation of American Law and Liberties
Korematsu v. United States represents another glaring example of the dangers of government overreach. During World War II, President Franklin D. Roosevelt issued an executive order that led to the internment of over 120,000 Japanese Americans, two-thirds of whom were U.S. citizens. The Supreme Court upheld Roosevelt's order, citing military necessity.
Buck v. Bell is another egregious case where the Supreme Court ruled against an individual's constitutional rights. Carrie Buck, an 18-year-old woman with a mental age of 9, was forcibly sterilized under a Virginia law that allowed the state to sterilize anyone deemed feeble-minded. The Supreme Court upheld the law, with Justice Oliver Wendell Holmes Jr. infamously remarking that "three generations of imbeciles is enough."
These cases demonstrate that the Constitution is not merely a document that limits democracy but also a safeguard against government tyranny and discrimination. By adhering to its principles, we protect the rights of all citizens, regardless of their race, religion, or political beliefs.
Critics of the Constitution may argue that it is outdated or inconvenient, but its enduring relevance and the consequences of deviating from its original intent prove otherwise. The Constitution remains the foundation of American society, ensuring our freedoms and protecting us from government overreach.
While Constitution Day may not be as widely celebrated as it once was, its significance has not diminished. It is an opportunity to reflect on the enduring strength and principles of the Constitution and to recommit ourselves to upholding its ideals.
