Is the Constitution Outdated?

 The following is vignette 7.1 in

Promises of the Constitution: Yesterday, Today, Tomorrow

by

Pamela Romney Openshaw

Some say that our Constitution no longer works. They call it unwieldy and outdated—a simple document for a simpler time They say that it is not effective in our modern, sophisticated world of instant communication and worldwide travel.

 

Our Constitution is not outdated. It is profoundly more than a statement of political rules. It is a document of human nature—a statement of man’s universal tendency to usurp and abuse power when given the opportunity.

 

History confirms the human tendency to abuse authority. The world has always contained individuals who want power. Some want it for worthwhile things. They reason that with power they could bring about much good. This may be the case initially, but the annals of history are filled with tales of those who began with honor and ended in corruption. Others began with dishonorable intentions and carried out their desires of misery and heartache for others.

 

Lord Acton of Britain expressed it best: “Power tends to corrupt, and absolute power corrupts absolutely.” In our modern world, we would probably say: “Give someone an inch, and he’ll take a mile”—of our freedoms.

 

Our Founding Fathers were optimists but also realists. They recognized the human thirst for power—that all humans have both strengths and weaknesses. In the words of James Madison: “As there is a degree of depravity in mankind which requires a certain . . . distrust, so there are other qualities in human nature which justify . . . esteem and confidence.” The intent of our inspired Founders was to create a government that encouraged the virtues in those who lead while restricting their vices.

 

The Constitution places limits on these tendencies through the application of checks and balances. It distributes power among the branches of government so that no one branch is given more than a limited and carefully controlled amount. This is the brilliance of the Constitution: while it creates rules of political operation, it also sets rules of human conduct.

 

Those who want power often accuse the Constitution of being slow and antiquated. For those in a hurry to get and use power, it is indeed slow, and for a very good purpose.

 

The original Constitution of the United States, as it came from the pen of the Founding Fathers, was a rich, perfectly balanced document that controlled the use of power. Its parts were crafted to create a marvelous working whole that distributed power rather than centering it in one individual or group. This distribution of power among government branches is part of the great genius of the Constitution and is known as the balance of power. Time proved this government structure to be both simple and durable.

 

Some have unwisely tried to readjust the Constitution’s balance of power. The Constitution as it stands today is an altered version, changed over time by unwise constitutional amendments and inappropriate Supreme Court decisions. Only with great thought, caution, and care should one alter such a carefully balanced entity. An investment of time and prolonged deliberation is required: if this changes, what will happen to that? Those who want a government that increases freedoms, protection, and prosperity must be sure of the results of their actions before proceeding. 

 

There are times when the race goes to the turtle. This is one of them.

 

- Pam