We celebrate our Constitution's birthday Sept. 17. What have we done in the past 223 years?
When the drafters met in Philadelphia to create the constitutional document to be submitted to the states for approval, they faced a remarkable challenge. James Madison is looked at as the most prepared member of the delegation charged with drafting the document. What mattered most to Madison was that the rights of the individual be protected to the greatest extent while limiting the powers of a central government as much as reasonably possible.
Using Madison's own words, the document should be approved by "supreme authority of the people themselves."
The framers had a formidable challenge for they had no existing or former form of government to look to for an example. They were creating something which had never been done before.
What they conceived was quite clear looking back:
Legislative powers "shall be vested in a Congress."
The executive power "shall be vested in a president."
The judicial power of the United States "shall be vested in one Supreme Court."
Very clear, isn't it?
Throughout the debates and problems within various states, problems developed during the course of obtaining the ratification of the necessary states. Critical questions arose about the content and lack of content of the document. It was clear that clarifications to the Constitution would be required if failure were to be avoided.
The abuses of individuals' rights by the British remained strong in the minds of the people and the states. Although ratified by the requisite number of states, Madison believed the Constitution must be amended for full approval and acceptance by the states, and more importantly by the people. Far too soon there were concerns that some elements of the government would attempt to restrict the rights for which so many had fought, died and extinguished their fortunes.
In August 1789, the Bill of Rights was submitted to the states for ratification.
The last 60 years have given example of so many elements of power grabs by the government which remain questionable as to the delegation of authority by the Constitution.
The merits, benefits, shortcomings and constitutionality of every social program instituted since FDR, up to and including the bank, brokerage house, automaker, teacher's union and health care bailouts through income redistribution can be debated until we run out of ink and oxygen.
But all were instituted with the same crying mantra from Congress and respective presidents: It is necessary we do this!
We can look to the words of William Pitt to understand the mantra's foundations:
"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants."
• Dennis Johnson writes a monthly column on behalf of the Carson City Republican Committee.