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Constitution and justice

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Editor,

Andrew Speer suggested in the Sept. 2 issue (letters) that we study the Constitution. Good idea, but such a study should be broader than just reading it. Rightwing extremists have somehow concluded that they have common cause with our founding fathers. The facts don’t bear them out. The context and origins of the Constitution should also be considered. One should especially add the Declaration of Independence and a great deal of history.

Reading the Constitution and the declaration together is a bit jolting. They are very different works. One, the Declaration of Independence, is a product of the enlightenment, whereas the Constitution was a compromise between principals and realpolitik.

The Enlightenment, which spanned the eighteenth and late seventeenth centuries flourished in the extremely hostile environment of monarchies, most of which were absolute. Their vision was of a world guided by reason and scientific progress, a world without inherited privilege and nurtured by universal education.

The Declaration of Independence states that it is “self-evident, that all men are created equal.” Writers of the enlightenment meant that all mankind should be equal under the law. This included women, all ethnic groups and all religions. 

The Constitution, on the other hand needed to be ratified by the legislatures of thirteen states all of which represented only the rich and powerful. The enlightenment values of Benjamin Franklin, Benjamin Rush, Thomas Jefferson, Thomas Paine and others were sacrificed to allow for slavery, no recognition of the rights of Native Americans, an excessively powerful president, and severe limits on the franchise.

The Constitution has been improved in the direction of the enlightenment. The Bill of Rights, and other changes such as universal suffrage and abolition of slavery have been important. More could be done.

The Constitution was a progressive work for the eighteenth century. Improvements have been made and more should be. What is important is that we continue to move toward a vision of justice and freedom, not toward the vision of fear, anger and intolerance of the radical right.

Harold Young
St. Ignatius

 

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