by Sam Johnson
In remembrance of the signing of the Constitution and
in recognition of the Americans who strive to uphold the duties and
responsibilities of citizenship, the Congress, by joint resolution of February
29, 1952 (36 U.S.C. 106), designated September 17 as "Constitution Day and
Citizenship Day," and by joint resolution of August 2, 1956 (36 U.S.C.
108), requested that the President proclaim the week beginning September 17 and
ending September 23 of each year as "Constitution Week."
--
Presidential Proclamation
Each year, September 17th is designated by
Presidential proclamation as “CONSTITUTION DAY and CITIZENSHIP DAY.” The period
of time from September 17-23 is considered “CONSTITUTION WEEK.”
The intent of this resolution by
Congress is to use the week as a sort of commemoration devoted to the study and
consideration of the events that led to the framing of the U.S. Constitution,
as well as a time to reflect on the actual meaning of this extraordinary
document.
In a way, it’s an opportunity to celebrate
our past as well as our future.
We celebrate our past when we take time to
read this document and recognize the remarkable genius of the men who
constructed this charter that gave birth to our nation and set down the
framework by which we would be governed.
We celebrate our past as we reflect upon
this document that requires a new balance of power in participatory democracy
previously unheard of anywhere in the world.
We celebrate our past as we read the Bill
of Rights attached to this document, that guarantees the basic rights and
freedoms that allow us to determine our own destinies -- among them the right
to speak, read, write, worship, move about and live as we choose -- as long as
we do so within the established laws, and don’t interfere with the right of
other citizens to do the same.
And although this document, which is the
oldest continuously functioning governmental charter in the world, has often
been called into question as to whether it can survive the complex problems and
technology of the time and continue to be an adequate instrument for our
guidance into the 21st century, it has nevertheless withstood the tests of time
and has served us admirably.
It fact, it has been the ability of the
Constitution to guide us in contemporary times that makes it possible for us to
celebrate our future as well as our past, for the Constitution is just as vital
today as it was when signed on September 17, 1787.
In their attempt to “create a more perfect
union,” the framers of the Constitution realized the need for flexibility and
change in the document if it was to be a lasting one. They knew their charter
was less than perfect, and that if it was to serve as a long-lasting guide for
government, it would have to be allowed to flex, to evolve, to undergo change
just as the times and circumstances would surely change.
To provide for this, the framers included
Article Five which allows the Constitution to be amended. It is this amendment
process that has helped keep the Constitution a viable document over these 223
years, as the amendments themselves clearly demonstrate.
For example, after the Civil War the 13th
Amendment was added in 1865, finally prohibiting slavery. In 1870 the 15th
Amendment prohibited citizens from being denied the right to vote because of
race, and in 1920 the 19th Amendment passed, giving women the right to vote.
The 21st Amendment repealed the prohibition established in the 18th Amendment,
and in 1971, the 26th Amendment gave 18-year olds the right to vote. Do you
know what the most recent Amendment is?
But the amendment process is not the only
thing that keeps our Constitution alive and up to date. The Supreme Court plays
a seminal role in the process by constantly interpreting, defining, redefining,
and reinterpreting the Constitution through cases it hears and passes judgments
on.
And it is this constant re-evaluation of
the Constitution by the Supreme Court that keeps it current, viable, and able to safeguard our rights and future welfare.
Cases such as Dred Scott vs. Sandford in
1857 illustrates this point. Scott, a former slave who had been taken to a free
state then later sold again into slavery sued for his freedom. The case paved
the way for the 14th Amendment.
Or the case of Brown vs. Board of
Education of Topeka in 1954 which made it possible for black students to attend
the nearest public school even though these schools had been designated as
“white school” for use by “white students only.” The court’s decision
effectively brought a legal end to the era of discriminatory practices by the
false claim of “separate but equal.”
Or the case of Gideon vs. Wainwright in
1963 in which Gideon was arrested, accused, and tried for petty theft, without the assistance of a
lawyer. The case went to the Supreme court which found in favor of Gideon. The outcome of that case helped guarantee the rights of all U.S. citizens to a fair trial
with the assistance of legal counsel. As a result, Gideon was retried, this time with legal counsel, and was acquitted of all charges.
Or the Miranda vs. Arizona case of 1966
which helped restrict brutal police interrogations and provided that anyone
being arrested be “read their rights.”
We celebrate a “living Constitution”
today, one that has longevity, because it is guided by the people it protects,
and grows stronger as people use it to assert and defend their rights.
Admittedly, our nation and government are
not perfect. But it is the Constitution that allows us, WE THE PEOPLE, to form a
more perfect union and attempt to make it better.
It is our Constitution that allows us to
establish justice, insure domestic tranquility, provide for the common defense,
promote the general welfare, and secure the blessings of liberty, not just for
ourselves, but for our posterity as well.
This is why I say, as we celebrate the
meaning of our Constitution this week, we are celebrating not just our past,
but our future as well.
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