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This
article were originally published as the Editor's page in The Beverly
Hills Bar Journal, during Mr. Shacter's tenure.
BICENTENNIAL
OF THE CONSTITUTION
(Winter, 1986-87)
We
the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquility, provide for the common
defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.
(Preamble, United
States Constitution)
These
famous words, known to every school child in America, are this year
finding their way onto popular magazine covers and elsewhere in
commemoration of the bicentennial of our Constitution. As is altogether
fitting, this bicentennial will not likely be celebrated with fireworks
and parades, but rather with special publications and media programming,
public discussion and reflection, and wide distribution of the document
itself.
Wherein
lies the greatness of this particular constitution? Many differing
opinions abound. I believe that its success is attributable to its
simplicity and its Framers' clear grasp of what they wanted to do. The
philosopher Alfred North Whitehead well said:
"The
men who founded your republic had an uncommonly clear grasp of the
general ideas that they wanted to put in here, then left the working out
of the details to later interpreters, which has been, on the whole,
remarkably successful. I know of only three times in the Western world
when statesmen consciously took control of historic destinies: Periclean
Athens, Rome under Augustus, and the founding of your American
republic."
As
lawyers, we each relate to the Constitution on many levels. Some of us
are in daily routine contact with its provisions, such as patent law,
immigration, search and seizure, interstate commerce, federal courts and
the like. Others recall studying the Constitution in high school and/or
college and constitutional law in law school, and our impressions so
gathered. Beyond that, as citizens, we see and hear about the current
interpretations of the Constitution as the news media reports
significant court decisions.
Who
were those men to whom we commonly refer as the "Framers" of
the Constitution, who spent May through September of 1787 at this task
for a country with then a population of fewer than four million?
According
to Professor Morison:
"At
Philadelphia twelve states (Rhode Island having declined the invitation)
were represented by 55 delegates. Two were college presidents; three
were or had been professors; 26 others were college graduates. Four
delegates had read law at the Inns of Court in London; nine were foreign
born. Twenty-eight had served in Congress, and most of the others in
state legislatures. The most surprising thing about the delegates is
their youth. Five were under 30 years old. Alexander Hamilton was 32; in
the next oldest group James Madison, Governor Morris and Edmund Randolph
were within a year of 35. Wilson, Luther Martin, Oliver Ellsworth and
William Patterson were between 41 and 45. General Washington was now 55,
the same age as Dickinson and Wythe. Only four members had reached or
passed the age of 60; and Benjamin Franklin at 81, was the oldest member
by 15 years. Practically every American who had useful ideas on
political science was there except John Adams and Thomas Jefferson on
foreign missions, and John Jay, busy with the foreign relations of the
Confederation. Jefferson contributed indirectly by shipping to Madison
and Wythe from Paris sets of Polybius and other ancient publicists who
discoursed on the theory of "mixed government" on which the
Constitution was based. The political literature of Greece and Rome was
a positive and quickening influence on the Convention debates."
Thus,
aside from its longevity, our Constitution was a product of both
classical thought concerning government and the best minds of the
country truly something of which we can all be proud.
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