Forum :
Water Cooler
Topic :
Our Constitution: Safeguard From Tyranny
The following is an award winning essay by David Ellis, a high school student from Clairemont High School in San Diego County, California. It was entered into the Congressional Record on June 7, 1965 by the Honorable James B. Utt of California.
OUR CONSTITUTION: SAFEGUARD FROM TYRANNY
Tyranny is the exercise of power beyond right, which nobody can have a right to; and this making use of the power anyone has in his hands, not for the good of those who are under it, but for his own separate advantage.
It is a mistake to think this fault is proper only to monarchies. Other forms of government are liable to it as well as that; for whenever the power that is put in any hands for the government of the people and the preservation of their properties is applied to other ends, and made use of to impoverish, harass, or subdue them to the arbitrary and irregular commands of those that have it, there it presently becomes tyranny, whether those that use it are one or many.
As early as the ninth century, B.C., farsighted citizens realized the need for protection from tyranny, either from a single ruler, or mobocracy, tyranny from the masses. According to Plutarch’s “Lives” Lycurgus, a legendary king of Sparta, set up a senate which produced the desirable condition of 28 (the senate) always adhering to the kings as far as to resist democracy., and on the other hand, supporting the people against the establishment of absolute monarchy. However, the mere formation of a counterbalance to a king is enough protection. Therefore, the ancient Athenians, under the guidance of Solon in 496 B.C. made a constitution, the formation of which is described by Aristotle. John Locke, whose works were an inspiration for the Declaration of Independence, wrote in 1690, “Whatever form the commonwealth is under, the ruling power ought to govern by declared and received laws, and not by extemporary dictates and undetermined resolutions,” so that “the rulers, too, (be) kept within their due bounds, and not to be tempted by the power they have in their hands to employ it to [their] purposes.”
The difficulties of forming a constitutional government were expounded upon by Baron de Montesquieu in 1747 when he wrote “To form a moderate government it is necessary to combine the several powers; to regulate, temper, and set them in motion; to give, asit were a ballast to one, in order to counterpoise the other. This is the masterpiece of legislation; rarely produced by hazard, and seldom attained by prudence.”
He clearly recognized the merits of a republican form of government. “Liberty is generally said to reside in republics * * * while democratic states are not in their own nature free.” He saw the complete and eternal antithesis of republican and totalitarian governments; since “In republican governments men are all equal; equal they are also in despotic governments; in the former because they have everything; in the latter because they are nothing.” Finally, in 1785, only 2 years before the Constitutional Convention, Immanuel Kant wrote “the only rightful constitution is that of a pure republic.” Our farseeing forefathers were very cognizant of the words of these great philosophers of the past. They knew as did Aristotle that “That which is common to the greatest number has the least care bestowed upon it” and its corollary, expressed by Locke: “The supreme power cannot take from any man any part of his property without his own consent. For the preservation of property being the end of government, and that for which men into society, it necessarily supposes and requires that the people should have property * * *.” Desiring to protect individual; freedom and liberty, they realized that “A government may be so constituted, as no man shall be compelled to do things which the law does not oblige him, nor forced to abstain from things which the law permits.” Therefore the United States of America was created as a constitutional republic. The creators of the Constitution produced a document uniquely adaptable to the exigencies of our complex changing nation. It cannot become outmoded as some charged.
To suggest this would be to say that the entire range of man’s experience from Plato to Aristotle, to Locke and Montesquieu, and to Jefferson and Madison, is not applicable to modern times. It is to arrogate oneself above the wisdom of the combined philosophies of the last 25 centuries. The Constitution, through separation of powers, and a system of checks and balances, protects all citizens against a cumulation of power in one person or group of persons. Edward Gibbon wrote in “The Decline and Fall of the Roman Empire,” “The principles of a free constitution are irrevocably lost when the legislative power is dominated by the executive.” Also being aware of Montesquieu’s dictum warning, “When the legislative and executive powers are united in the same person, there can be no liberty,” the Convention established the Presidential veto, and congressional overriding of this by a two-thirds majority. Provision for impeachment of the President by Congress was also included.
Montesquieu and Gibbon were also worried about judicial excesses. “There is no liberty if the judiciary power be not separated from the legislative and executive * * * for the judges would then be the legislator.” Gibbon believed, “The discretion of the judge is the first engine of tyranny.” However, “In republics, the very nature of the constitution requires the judge to follow the letter of the law; otherwise the law might be explained to the prejudice of every citizen, in cases where their honor, property, or life is concerned.” To ameliorate this, the delegates provided for the impeachment of the Justices of the Supreme Court, and also for amendments nullifying Supreme Court decisions.
Ranking in importance with other areas of the Constitution is the Bill of Rights. These first 10 amendments provide guarantees of freedom and liberty for all citizens in all spheres of life. They include freedom of speech, religion, and press, the right to bear arms, the right to a jury trial in civil cases. However, the 10th amendment which reserves the powers to the States no delegated the Federal Government, has been practically usurped by clause 18 of section 8, article 1. This, the so-called elastic clause, has been used by the Federal Government to take over many States rights and functions. Moreover, while the fifth amendment is being greatly abused by Communists and fellow travelers who do not wish to answer questions of congressional investigators, organizations of American citizens exercising their right to keep and bear arms are bing harassed.
The American people should awake to the gradual disintegration of their freedoms resulting from the concomitant destruction of the Constitution by unconstitutional laws and practices, as well as de facto legislation by the Supreme Court. While telling of Coriolanus, Plutarch wrote, “For it was well and truly said that the first destroyer of the liberties of the people is he who first gave them bounties and largesses.” Reiterating this in 1762, Jean Jacques Rousseau prophesied, “Make gifts of money and you will not be long without chains.” All Americans know that welfare comes from income tax, but how many know that Rousseau also wrote, “I hold enforced labor to be less opposed to liberty than taxes”?
Apparently, the apathy of Americans has sunk to the depth described by Plato when he said, “The greatest ignorance is when a man hates that which he nevertheless thinks to be good and noble, and loves and embraces that which he knows to be unrighteous and evil.” America must escape the prophecy of Rousseau: “As soon as any man says of the affairs of state: What does it matter to me? The state may be given up for lost.” Shall it be written in 1984 perhaps that, “Truly there is no great wisdom in knowing, and no great difficulty in telling after the evil has happened; but to have foreseen the remedy at the time would have taken aq much wiser head than ours”? However, there is one clear and evident remedy, of which all informed and patriotic Americans are aware. The remedy is a return to the principles of our Republic’s Constitution, the greatest safeguard ever devised against tyranny. |