Why We MUST Celebrate Constitution Day
The Constitution was sent out for ratification September 17th, 1787. 219 years later we need to ratify these values in our civic life again. Why? Far too many have forgotten the importance of these humane values. In 2006, as we face challenge after challenge, to the historic interpretations of the Constitution, we are compelled at each school and college supported by federal funds, to celebrate Constitution Day. The bill, the Consolidated Appropriations Act, 2005, Public Law 108-447, proposed and passed by the consitutional scholar and Senator Robert C. Byrd, requires that all educational institutions receiving federal funding, provide an educational program on the U.S. Constitution on September 17, of each year.
Un-funded mandates aside, why should we look to the constitution, which after all was written some 219 years ago? Since it is clearly to many, a “historical fact” and thus by definition, dull, boring, and not relavent today.
Wrong!
How is this ancient document relevent today? How is it not? Let’s look at some of the guarantees from the Constitution and the Bill of Rights.
[Amendment 1
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.]
Freedom of speech? (have you heard of the “free speech” zones set up to distance protestors from significant events). Academics and Judges chastized for speaking out unpopular views? Charges of “treason” when the press illuminates another covert executive action. Whether its “secret prisons overseas”, or ham-fisted attempts to hide Iraq War Cost over runs by executive orders. Attempts to “end-run” congressional oversight, or dodge judicial scrutiny by conducting off-shore torture. These are all Constitutional Insults that need rectification. Unless there is a renewed awareness of the Constitution, they will not only continue, but increase.
[Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ]
Unlimited wiretap surveillance of Americans? (FISA courts rules ignored by the current administration, challenges to the independence of the judiciary). Revelations of extended surveillance of Anti-War Activists, Unapeallable Watch Lists, Quota for Air Marshalls, No-Fly Lists, these are clearly beyond Constitutional Sanction. The Constitution in Amendment 4 clearly provides for protection against these.
[Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.]
Protections against Cruel and Unusual Punishment? (Extra judicial imprisonment, and secret prisons, lawyers spied upon, prisoners held without charge indefinitely) Threats to due process? (Planned “Executive” Military Tribunals already under challenge by the Supreme Court)
These are just a few instances of the relationship between the Constitutions’ guarantees and the current sad state of the civic rights in this great land. Flag wavers aside, patriotism is more than a decal, it requires civic responsibility and a commitment to the values of the documents that made America the beacon of Liberty to the world. Let us not forget the great minds behind this magnificent document, and our promise to them.
Constitution Day, is not just a sound bite!
