Will Morrisey Reviews

Book reviews and articles on political philosophy and literature.

  • Home
  • Reviews
    • American Politics
    • Bible Notes
    • Manners & Morals
    • Nations
    • Philosophers
    • Remembrances
  • Contents
  • About
  • Books

Recent Posts

  • Orthodox Christianity: Manifestations of God
  • Orthodox Christianity: Is Mysticism a Higher Form of Rationality?
  • The French Malaise
  • Chateaubriand in Jerusalem
  • Chateaubriand’s Voyage toward Jerusalem

Recent Comments

    Archives

    • June 2025
    • May 2025
    • April 2025
    • March 2025
    • February 2025
    • January 2025
    • December 2024
    • November 2024
    • October 2024
    • September 2024
    • August 2024
    • July 2024
    • June 2024
    • May 2024
    • April 2024
    • March 2024
    • February 2024
    • January 2024
    • December 2023
    • November 2023
    • October 2023
    • September 2023
    • August 2023
    • July 2023
    • June 2023
    • May 2023
    • April 2023
    • March 2023
    • February 2023
    • January 2023
    • December 2022
    • November 2022
    • October 2022
    • September 2022
    • August 2022
    • July 2022
    • June 2022
    • May 2022
    • April 2022
    • March 2022
    • February 2022
    • January 2022
    • December 2021
    • November 2021
    • October 2021
    • September 2021
    • August 2021
    • July 2021
    • June 2021
    • May 2021
    • April 2021
    • March 2021
    • February 2021
    • January 2021
    • December 2020
    • November 2020
    • October 2020
    • September 2020
    • August 2020
    • July 2020
    • June 2020
    • May 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • May 2019
    • April 2019
    • March 2019
    • February 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • September 2018
    • August 2018
    • July 2018
    • June 2018
    • May 2018
    • April 2018
    • March 2018
    • February 2018
    • January 2018
    • December 2017
    • November 2017
    • September 2017
    • August 2017
    • July 2017
    • June 2017
    • May 2017
    • April 2017
    • March 2017
    • February 2017
    • January 2017
    • December 2016
    • November 2016
    • September 2016
    • August 2016
    • July 2016
    • June 2016
    • April 2016
    • March 2016
    • February 2016
    • January 2016

    Categories

    • American Politics
    • Bible Notes
    • Manners & Morals
    • Nations
    • Philosophers
    • Remembrances
    • Uncategorized

    Meta

    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org

    Powered by Genesis

    What Does the Constitution Constitute?

    June 14, 2018 by Will Morrisey

    Originally published in Big Government, September 13, 2010.

     

    As we celebrate Constitution Day this week, a simple question suggests itself: What exactly does the Constitution constitute? Or, with respect to the Framers: What were these men trying to do?

    The Constitution cannot have constituted the American people. The Preamble begins, “We the People….” The American people already existed. They didn’t need a constitution to call themselves into existence. On the contrary, they called it into existence.

    Although clearly labeled “The Constitution of the United States,” the Constitution didn’t constitute the United States, either. Eleven years earlier, the Declaration of Independence had already described itself as “The Unanimous Declaration of the Thirteen United States of America.” We the People (the People tell us) ordain and establish “this Constitution for the United States of America.”

    The Constitution constitutes not the people, not the states, and not the union of the states, but the federal government of these United States. With characteristic bluntness, the Framers identify their constitution as a framework for ruling. Each of the three sentences introducing what we call the “branches” of the new government forthrightly speak of “powers”: “all legislative powers herein granted shall be vested in a Congress of the United States”; “the executive Power shall be vested in a President of the United States”; “the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress shall from time to time ordain and establish.” The American people “grant” their government some of their powers—amendable, even revocable at pleasure by a sizeable majority following lawful procedures, to be sure–but ruling powers nonetheless.

    The people “vest” certain powers in each of the three ruling “branches.” To “vest” literally means to clothe; in a monarchy the king or queen puts on the robe and the crown of authority. (An emperor ‘with no clothes’ has more than a problem of embarrassing display with which to concern himself.) In a republic the people vest their government with their own natural powers, arranging those powers in such a way as “shall [in the Declaration’s words] seem to them most likely to effect their Safety and Happiness.” The people so clothe the government in order to secure their unalienable rights—unalienable because natural, given by God and not by men, including the people themselves.

    Modern states were invented in order to give governments the power really to secure territories, lives, and property of the people who lived on those territories. Feudal societies had consisted of a variety of authorities, each with its own sources of military and economic power: kings, aristocrats, churches, cities. At best, these authorities existed in a sort of equilibrium, each respecting the others’ spheres of rule, uniting on the occasion of any serious foreign threat.

    Builders of the modern state designed differently. They centralized governmental powers, subordinating aristocrats, churches, and cities by establishing a network of bureaucrats who collected revenues, enforced law, defended and extended territories. Modern states crushed tribal and feudal societies in all but the most geographically inhospitable places—Afghanistan, for instance, where the mountainous terrain conduces more to pockets of political authority than to governmental centralization. Without a modern state, most peoples would soon have one, anyway: A state ruled by some foreign conqueror who exploited the decentralization of his victims’ feudal society.

    But the same power that enables modern states to secure the rights of peoples, protecting their lives and property, can also ruin lives and take property from the very peoples who rightly ‘own’ that power. This seems to lead humanity into self-contradiction. To borrow an old joke on a slightly different topic, we can’t live with states and we can’t live without them.

    With the government the Constitution constitutes the Framers solved the problem of the modern state. They gave the modern state a certain form, a certain regime, which retained the power of the centralized modern state while restricting its power to harm the people who had authorized its existence. The founded a republic, with rulers elected by the citizens—the ultimate rulers—or appointed by those elected representatives. They founded a commercial republic, in which every citizen could acquire and keep the property earned by working. They founded a federal republic, whereby each constituent state shared equal power in the Senate and population-apportioned power in the House of Representatives. They founded a republic of laws, limiting the central government to expressly enumerated and logically implied powers over each citizens, leaving most governing to be done at the local, county, and state levels of the federation. With representation, commerce, rule by law, and federalism in hand they could then frame an extended republic, big enough to defend itself against the geopolitical heavyweights of their day—and every day since then, so far.

    Americans thus secured their status as a self-governing people, ready to resist any of their current or future regime enemies. That is what the Constitution is for.

    Filed Under: American Politics