673. Constitution

As I write this, the Senate is about to begin questioning both sides in the impeachment of Donald Trump. Presumably by the time you read this, the issue will have been decided.

Both sides have sworn their allegiance to the Constitution, claim to be dedicated to preserving it, and claim that the other side will destroy it.

It’s actually kind of hard to destroy our Constitution, but it is changeable. Soon after it was passed — and its passage was based on the assumption that this would happen — ten amendments were added which changed the Constitution immensely.

Today, when people avow their loyalty to the Constitution, they are usually referring to those ten amendments, the Bill of Rights, which were not part of the original constitution at all. They also say:

. . . one nation, indivisible, with liberty and justice for all.

That is from the flag salute, not the Constitution, and during the first decades of the Republic several groups from several different parts of the country, north as well as south, attempted to prove that it was divisible. reversible, or could be ignored.

Eventually the South did secede, and was brought back by armed force, making our country in fact indivisible, whether or not that had been the intent of the founders. It also resulted in the removal of a sizable chunk of the constitution.

What chunk? This one:

Article One Section Three — Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of years, and excluding Indians not taxed, three fifths of all other Persons.

Article One Section Nine — The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Article Four Section Three — No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service of Labour, but shall be delivered up

Translating those into ordinary language:

Article One Section Three — There are free people, indentured servants, Indians, and slaves. Free people and indentured servants count as one whole person, Indians don’t count, and slaves count as three-fifths of a person, when determining taxes and representation.

Article One Section Nine — The importation of slaves cannot be stopped until 1808.

Article Four Section Three — Slaves escaping to free states have to be sent back.

It is hard to imagine anyone, even the most rabid white nationalist, wanting those pieces of the Constitution back. However,  it is very easy to forget that they were there in the first place.

Freedom of speech and religion, freedom of the press, freedom for all Americans to vote, even women, protection from unreasonable search and seizure, the right to a trial by jury — none of these were provided by the original Constitution.

The point? There are two, actually, both of which deserve reiteration.

Our Constitution has changed tremendously since it’s ratification. No one alive today would even consider living under the Constitution in its original form. Even the people who ratified it felt that way. They demanded, as the price of ratification, that a Bill of Rights be immediately added.

When people say, “I support the Constitution,” and we think they are lying, they may not be. We carry in their minds many different interpretations of what “Constitution” means. And we will probably keep on arguing about those interpretations for another two hundred years.

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