Foreword - a Constitutional Bicentennial Celebration

Similar documents
Remarks of Thurgood Marshall At The Annual Seminar of the SAN FRANCISCO PATENT AND TRADEMARK LAW ASSOCIATION

The Articles vs. the Constitution Articles of Confederation. U.S. Constitution A Firm League of Friendship

The year 1987 marks the 200th anniversary of the United. Reflections on the Bicentennial of the United States Constitution.

Interpreting the Constitution (HAA)

The Constitutional Convention formed the plan of government that the United States still has today.

CHAPTER 2--THE CONSTITUTION

On July 4 of this year, fifty-six representatives from the thirteen colonies unanimously approved the Declaration of Independence.

The U.S. Constitution. Ch. 2.4 Ch. 3

How Does the Constitution Guard Against Having a Ruler that is too

The Constitution: From Ratification to Amendments. US Government Fall, 2014

FB/CCU U.S. HISTORY COURSE DESCRIPTION / LEARNING OBJECTIVES

Why do you think the Framers organized the new country as a republic, when most countries in the world (in 1783) were ruled by a king or queen?

10/13/14 GOVERNMENT BY THE STATES OPPOSITION TO THE ARTICLES CHAPTER 5 THE CONSTITUTION OF THE UNITED STATES ( )

Four reasons we need government

The U.S. Legal System

2000 H Street, NW (202)

Constitutional Convention

End of American Revolution and Creation of American government

A More Perfect Union. The Three Branches of the Federal Government. Teacher s Guide. The Presidency The Congress The Supreme Court

The American Revolution is over but now the colonists have to decide how they want to frame their government. Take the first 5 minutes of class and

MICHAEL I. MEYERSON University of Baltimore School of Law 1420 N. Charles Street, Baltimore, MD (410)

Chapter 3 Constitution. Read the article Federalist 47,48,51 & how to read the Constitution on Read Chapter 3 in the Textbook

2. According to Pope, what message do voters declare as they vote?

2000 H Street, NW (202)

The Constitution I. Considerations that influenced the formulation and adoption of the Constitution A. Roots 1. Religious Freedom a) Puritan

Constitutional Convention. May 1787

Full file at

Naturalization Test Pilot Civics Questions

the states. decisions within its own borders) 1. A central government that would represent all 2. State sovereignty (the power to make

Chapter 3: The Constitution

Read the Federalist #47,48,& 51 How to read the Constitution In the Woll Book Pages 40-50

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

How Did the Constitution Guard Against Tyranny?

2000 H Street, NW (202)

Unit 4 Writing the Constitution Concepts to Review


Module 1.2 U.S. Constitutional Framework. Constitutional Trivia! Overview of Lecture 6/4/2008

American Citizenship Chapter 11 Notes Powers of Congress

The Constitution. Multiple-Choice Questions

The Constitution. Multiple-Choice Questions

Creators of the Constitution

The Constitutional Convention. Chapter 2 Section 4

VUS. 5 (pt.1): Building a New Nation: The Constitutional Convention

Constitutional Convention

Unit 3: Building the New Nation FRQ Outlines. Prompt:Analyze the reasons for the Anti-Federalists opposition to ratifying the Constitution.

I. Politics in Action: Amending the Constitution (pp ) A. Flag desecration and Gregory Johnson B. A constitution is a nation s basic law.

3. Popular sovereignty - Rule by the people - People give their consent to be governed by government officials - People have the right to revolution

ELEMENT B: Evaluate how weaknesses in the Articles of Confederation and Daniel Shay s Rebellion led to a call for a stronger central government.

U.S. Constitution PSCI 1040

Part I: The Federalist Papers

AP American Government

Conceived of Compromises: Creating the U.S. Constitution

Test Bank to accompany Constitutional Law, Third Edition (Hall/Feldmeier)

Jeopardy Q $100 Q $100 Q $100 Q $100 Q $100 Q $200 Q $200 Q $200 Q $200 Q $200 Q $300 Q $300 Q $300 Q $300 Q $300 Q $400 Q $400 Q $400 Q $400

SS.7.C.1.5. Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution

Land Ordinance of 1785

understanding CONSTITUTION

ELEMENT C: Explain the key features of the Constitution, including the Great Compromise, limited government, and the Three-Fifths Compromise.

Georgia Standards of Excellence American Government and Civics 2016

Creating Our. Constitution. Key Terms. delegates equal representation executive federal system framers House of Representatives judicial

Conceived of Compromises: Creating the U.S. Constitution

1 st United States Constitution. A. loose alliance of states. B. Congress lawmaking body. C. 9 states had to vote to pass laws

Charles de Montesquieu

Oklahoma C 3 Standards for the Social Studies THE FOUNDATION, FORMATION, AND TRANSFORMATION OF THE AMERICAN SYSTEM OKLAHOMA STATE BOARD OF EDUCATION

America: Pathways to the Present. Chapter 5. The Constitution of the United States ( )

Unit 2 Learning Objectives

Constitutional Foundations

u.s. Constitution Test

What types of things did the new states do to make the governments more democratic?

1. Reasons for colonial settlement:

AP Civics Chapter 3 Notes Federalism: Forging a Nation

Underpinnings of the Constitution

AP US GOVERNMENT & POLITICS UNIT 1 REVIEW

Organization & Agreements

Chinese Law and American Legal Education (Foreword)

Civics (History and Government) Questions for the Naturalization Test

Articles of Confederation and Constitutional Conventions

american History Semester Exam review (KEY)

The Founding of American Democracy By Jessica McBirney 2016

The S e cope o e f f Congressi essi nal al P ower w s

Federal Constitution Test Review & Study Guide

American Government. C H A P T E R 11 Powers of Congress

The Relationship between Britain and its American Colonies Changes

Reading Essentials and Study Guide

The Americans (Reconstruction to the 21st Century)

The Origins of the Constitution

A Correlation of. To the Mississippi College- and Career- Readiness Standards Social Studies

THE CONSTITUTION OF THE UNITED STATES

Articles of Confederation

Establishing A New Government: Creating a Government. Chapter 4 Concept 2

American Democracy Now Chapter 2: The Constitution

1. STUDENTS WILL BE ABLE TO IDENTIFY AND EXPLAIN THE WEAKNESSES OF THE ARTICLES OF CONFEDERATION

Constitutional Principles (4).notebook. October 08, 2014

Creating the Constitution

The Enduring Democracy 3rd Edition by Dautrich Yalof Test Bank

Conceived of Compromises: Creating the U.S. Constitution

Rosen Educational Services materials copyright 2013 Rosen Educational Services, LLC. All rights reserved.

First Among Equals: The Supreme Court in American Life Kenneth W. Starr New York: Warner Books, 2002, 320 pp.

STANDARD VUS.4c THE POLITICAL DIFFERENCES AMONG THE COLONISTS CONCERNING SEPARATION FROM BRITAIN

Name: Class: Date: STUDY GUIDE - CHAPTER 03 TEST: Federalism

Transcription:

Maryland Law Review Volume 47 Issue 1 Article 4 Foreword - a Constitutional Bicentennial Celebration Whitman H. Ridgway Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Recommended Citation Whitman H. Ridgway, Foreword - a Constitutional Bicentennial Celebration, 47 Md. L. Rev. 3 (1987) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol47/iss1/4 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact smccarty@law.umaryland.edu.

Foreword A CONSTITUTIONAL BICENTENNIAL CELEBRATION WHITMAN H. RIDGWAY* The founding fathers created a remarkable system of government when they met in Philadelphia between May and September of 1787. Power and responsibility were divided between the executive, legislative, and judicial branches of government in a system of checks and balances. As James Madison observed in The Federalist No. 51: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.' It is remarkable that this system of government has adapted to the many changes that have swept over the Nation since 1787. The United States was then composed of thirteen states. The majority of the population lived east of the Appalachian Mountains and tilled the soil for its livelihood. The country felt secure from foreign intervention, isolated as it was from Europe by the broad Atlantic Ocean. Today there are fifty states, the first forty-eight straddling the entire continent between the Atlantic and Pacific Oceans, joined in a union which many eighteenth-century political theorists thought would be ungovernable because of its sheer size. Many people have abandoned agriculture for other forms of employment, while the United States has passed through the industrial revolution and is now well settled in the post-industrial phase of economic development. The successful adaptability of the Constitution throughout this period of economic and political development may be attributable * Associate Professor of History, University of Maryland College Park. A.B., Kenyon College, 1963; M.A., San Francisco State College, 1967; Ph.D., University of Pennsylvania, 1973; J.D., University of Maryland School of Law, 1985. 1. THE FEDERALIST No. 51, at 158 UJ. Madison) (R.P. Fairchild 2d ed. 1981).

MARYLAND LAW REVIEW [VOL. 47:3 to the tradition of the rule of law. The supremacy clause of article VI 2 made the Constitution, federal statutes, and treaties the supreme law of the land and bound the states to them. The Supreme Court, under the leadership of Chief Justice John Marshall, established itself as the ultimate arbiter of the Constitution. From the beginning of the Republic, then, the role of the judiciary was flexible and influential. While the Supreme Court may have little practical power to enforce its decisions, tradition and constitutional policy ensure that the mandate of law in American society is profound. 4 The precise effect of any law, however, is always a question of its construction. Since its inception the proper interpretation of the Constitution has often been the subject of rancorous political debate. For example, George Washington's Cabinet was divided over Secretary of the Treasury Hamilton's reading of the implied powers of the Constitution to justify Hamilton's fiscal program. In the 1820s John C. Calhoun and other states rights defenders argued that the national government had usurped the traditional power of the states so that the whole federal system of government was out of balance. During the turbulent 1850s the nationalists and the sectionalists each claimed that the Constitution justified their positions. Such debates continue today. During this bicentennial year some question the veneration lavished on the founding fathers and the product of the Philadelphia Convention. The post-convention Republic may have been more democratic than other forms of eighteenth-century government, but several injustices existed then that would be intolerable in American society today. When the Constitution was adopted, there was no Bill of Rights to protect the citizen from governmental tyranny, the failure to mention women reflected their dependent status in that time, and most black Americans were slaves. In an address in Maui, Hawaii, Justice Thurgood Marshall recently questioned the wisdom of the founding fathers who tolerated slavery. He asserted that the original Constitution did not survive the Civil War. Justice Marshall felt that the original document was 2. U.S. CONST. art. VI, 2. 3. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). 4. This was demonstrated when President Dwight D. Eisenhower used federal authority to implement the desegregation of southern public schools in the face of state defiance of the Court's decision in Brown v. Board of Education, 347 U.S. 483 (1954), and more recently in United States v. Nixon, 418 U.S. 683 (1974), when the Court ordered President Richard M. Nixon to surrender the Watergate tapes to the Special Prosecutor.

1987] CONSTITUTIONAL BICENTENNIAL CELEBRATION 5 deeply flawed and that the real significance of the Constitution has been its ability to adapt to changing conditions over time. As he concluded: Thus, in this bicentennial year, we may not all participate in the festivities with flag-waving fervor. Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights. 5 This symposium was originally presented as a series of lectures held on the campus of the University of Maryland College Park in July 1987 to celebrate the 200th anniversary of the adoption of the United States Constitution. The series was the product of a joint effort by the Summer Schools of three major land grant universities. Dr. Melvin Bernstein, Academic Dean of the Office of Summer Programs at the University of Maryland College Park, Dr. Jerome V. Reel, Vice-Provost and Dean for Undergraduate Studies at Clemson University, and Dr. Helen Warren, Associate Director of Summer Session at The Pennsylvania State University, decided to celebrate the bicentennial of the Constitution by inviting four prominent speakers to lecture at each campus. Also, each university organized its own set of debaters for the lectures. 6 Many people contributed to the success of the University of Maryland College Park program. Dr. Melvin Bernstein sponsored the series and closely monitored its progress while his staff in the Office of Summer Programs facilitated its implementation at all stages. Dr. Whitman H. Ridgway, Associate Professor of History at the University of Maryland College Park, organized and managed the programs, and edited the papers for publication. The secretaries in the Department of History, especially Ms. Patti Linton, always responded with good cheer whenever a new request was added to their already full work schedule and did excellent work. Ms. Mary Beth Corrigan, a graduate student, helped to implement the programs and transcribed and edited the sessions for publication. The 5. T. Marshall, Remarks at the Annual Seminar of the San Francisco Patent and Trademark Law Association in Maui, Hawaii 9 (May 6, 1987) (available at the 'liand Lau' Review). 6. The lectures contained in this issue are the four programs presented at the University of Maryland College Park.

MARYLAND LAW REVIEW [VOL. 47:3 final editorial work was done by the editorial staff of the Maryland Law Review under the direction of Mr. Charlton Howard, Editor-in- Chief. Special thanks are due Professor Herman Belz, Department of History, University of Maryland College Park, and Professor Herman Schwartz, Washington School of Law, The American University, for their help in identifying potential participants for these programs. The topics of this lecture-debate series highlight the relevance of the Constitution in contemporary American life. In much the same way that the Constitution was presented to the American people in 1787, each speaker discussed an important constitutional issue. The debaters, chosen for their knowledge and expertise in each of these areas, probed how the speaker's interpretation conformed or deviated from their own understanding of what the Constitution allows. Just as reasonable men differed on the wisdom of replacing the Articles of Confederation with the Constitution, reasonable people still differ in their views of these important contemporary issues. The opportunity for such open debate has been and continues to be the cornerstone of American constitutional democracy.