A Unified Whole

Posted By on February 19, 2010

One thing I believe to be utterly important is the way we view the Constitution. Since the late 1800’s lawyers, judges, politicians, the media and educators have tended to chop this miraculous document into little pieces, bite size phrases and meaningless clauses. This is all the result of the shift in the legal profession away from Common Law and to Jurisprudence, i.e. Case Law. The Constitution has now become to mean only what the judges and lawyers say, or rule it to mean.

The Constitution is too great a document to be subjected to this ritual abuse, dissection and dismembering. We must change our view from the current to one of a “unified whole.” The Constitution must be viewed through the viewpoint that it is a complete whole, and not a collection of disconnected clauses. Beyond this, to view the Constitution from within the vacuum of itself will lead misunderstandings and improper application of its guidelines. The Constitution must be viewed as the follow-on document to the Declaration of Independence. Without the Declaration and its beautiful wording, many concepts within the Constitution become vague.

We must remember the Preamble to the Constitution begins with, “We the People, in order to form a more perfect Union…” This implies the preexistence of that Union. Further, it presents the case for the Constitution, that is, making the existing union better.

The relationship between the Declaration and the Constitution is much like the modern documents used for incorporation. Corporations use “Articles of Incorporation” and “Constitution and By-Laws” to establish the basis upon which a corporation exists, and how it functions. The Declaration establishes teh existence of the union, and hence its basis for existence. While the Constitution provides the guidelines for the functioning of that union.

Today, no state would allow a corporation to modify its Constitution and By-Laws in arbitrary ways by simple changing the way the corporate officers defines words, phrases and/or clauses within the document. No the state requires the corporation to amend the said constitution.

Let’s apply the same standard to the Federal Government and the use of our Constitution.

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2 Responses to “A Unified Whole”

  1. CaptElaine says:

    Since the Supreme Court and law schools now use ‘case law’ to make Constitutional decisions, how can we change that practice to turn the tide back to fundamental Constitutional laws? When Nancy Pelosi laughs at the question on whether Healthcare is allowed by the Consitution…it shows how very far we have to go to change the course. Any ideas or thoughts on that?

  2. David Bozarth says:

    This is a very good question, and one we must all consider. Over the past decades we have chosen to believe the lies that this is bigger than any of us, and therefore none of us – of very few – have made efforts to effect a change.

    While the task ahead of us is daunting, it is not impossible. I have learned over the years to look at large problems, or tasks from the perspective of a series of smaller steps. While the old adage is often over used, it remains true, “How do you climb Mount Everest? One step at a time.”

    We arrived in this situation much the same way; one man, in one university began a teaching that was – dare I say it? – revolutionary. This teaching went counter to all existing teaching, opposed to all established legal norms and taught no where in the world at the time. Yet, from that small beginning in about 1870, we have arrived in our current situation. How? Because, as Edmund Burke said, “The only thing necessary for the triumph [of evil] is for good men to do nothing.” All the while this was taking place, good men and women set back and did nothing. We abdicated our responsibility to stand up for what was right and good.

    So, now we must decide, “Is our country, the United States of America worth our efforts to overcome almost insurmountable odds to win back what we once had?” If so, then we must count the cost. We must realize that our efforts may not show fruit in our lifetime. We may be ridiculed, ostracized, persecuted, and anything else we might imagine, BUT this TREASURE is worth the fight!

    We must start with education, proper education. First, we must educate ourselves before we dare to move to the next step. Then we need to identify at least one law school to focus our efforts on. (This could even be one law school for a geographical area, and by many different groups.) In the Charleston, SC area we could either select the Charleston School of Law, or the USC school.

    We’ll need to engage conservative attorneys in our efforts, those who understand the dilemma we face, and are willing to work with us. There are those out there who understand, and have been working in their own spheres.

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