In the short run, one could offer several
provisions in the Constitution as the most critical. In the long
run, one provision stands out. Without Article V, the amendment provision,
the Constitution would have long since failed and been abandoned.
Consider the early history of America.
Our first government under the Articles of Confederation failed precisely
because of its amendment clause. Under Article 13 of the Confederation,
Congress could propose amendments which had to be "confirmed by the legislature
of every State." Twice in the final years of the Confederation, amendments
were proposed to save that government. Both failed due to a negative
vote of just one state.
America’s ambassadors were reduced to
begging in foreign capitals for high interest loans to keep the government
afloat. Shay’s Rebellion, in response to the failure of the government,
threatened to spread beyond Massachusetts.
So, when the framers met in Philadelphia,
they understood that a better provision for future changes, for amendments,
was essential to their task. James Madison wrote of Article V that
it "seems to be stamped with every mark of propriety. It guards equally
against that extreme facility, which would render the Constitution too
mutable; and that extreme difficulty, which might perpetuate its discovered
faults." ''Federalist, No. 43.''
Benjamin Franklin’s famous speech at
the end of the Convention about the need for compromise among the delegates,
recognized that the Constitution was not perfect as written. He and
the other framers expected changes, in due course. Since 1787, more
than 10,000 proposed amendments have been submitted in Congress.
Most died without a hearing. Only 27 passed in Congress and were
ratified.
So, the historical record shows that
the framers were right about Article V. Until recently the process
has not presented either extreme facility or extreme difficulty, either
of which could have destroyed the Constitution and ripped the legal fabric
of the nation apart.
But, two forms of attack can turn Article
V itself into a dead letter. Whenever a majority of the Supreme Court
takes it upon themselves to change the meaning of the Constitution without
waiting for the people to effect an amendment, those justices are attacking
Article V. Witness Boumediene v. Rumsfeld concerning legal rights
for alien combatants.
Or, whenever Congress passes a law,
the president signs it, and the Supreme Court fails to strike it down as
unconstitutional, Article V is savaged, if that law contains a facial attack
on the Constitution. Witness the McCain-Feingold campaign finance "reform"
law, which many members of Congress had doubts about, but passed it anyway.
The president had doubts about it, but signed it anyway. Then five
justices approved it, even though freedom of speech and freedom of the
press were both attacked in the law. (Two subsequent decision have backed
away, somewhat, from the court’s original failure.)
In short, Article V is both the safety
valve of the Constitution, and the means by which "we the people" retain
ultimate control of our government. That means abuse of Article V
is, in the long run, a guarantee of failure of our Constitution.
Whenever the Supreme Court on its own, or Congress and the president with
the cooperation of the court, change the Constitution without the consent
of the people, the Constitution dies by degrees.
Among the other provisions, Article
IV concerns the states. It requires that they respect each others’
official acts. That will become a heated issue when homosexuals who
married in California return to their home states and demand recognition
as married couples, there. Article IV also provides for extradition
of criminals, admission of new states, and the guarantee of "a Republican
Form of Government" to all states.
Article VI preserved the credit of the
new nation, providing that all prior debts (mostly during the Revolution)
were recognized and would be paid. It provided that the Constitution
is "the supreme Law of the Land." It provided that all elected officials
at the national or state level, and all judicial officials "shall be bound
by Oath or Affirmation, to support this Constitution...." And it provided
that there would be "no religious test" to serve as a federal official.
Finally, Article VII provided that the
Constitution would go into effect between the states "so ratifying the
same," once nine states had ratified. This provision was important
because two states, Rhode Island and North Carolina, did not ratify, and
the Union contained only 11 states when George Washington was elected as
the first president, in 1789. |