Tag: Constitution Day

Subversive Patriotism: A Constitution Day Reminder

In Washington earlier this month, one person’s words in the New York Times were were deemed a threat to national security by those at whom they were aimed.

An anonymous Trump administration official was labeled “a seditious traitor who must be identified and prosecuted for illegal conduct” for exercising his or her 1st Amendment rights by publishing an op-ed in the September 5 edition of the New York Times. Vice President Pence stated that the op-ed writer’s actions inside the Administration—trying to limit what the writer believes is the damage President Trump is doing daily to the United States—is “an assault on our democracy”—a notion unhinged from any semblance of reality. 

Like everyone else working in the Trump administration, the author of the op-ed took the same oath I did when I served in the federal government, the text of which is federal law: 5. U.S.C. § 3331. Here’s the text:

I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

The oath makes no reference to pledging fealty to whoever happens to be President. It is a pledge of loyalty to our form of government, not an individual. The notion that the Justice Department even has a basis to prosecute the writer does not pass the laugh test, much less constitutional muster.

The anonymous Trump administration official—and if he or she is to be believed, many more working for Trump—views him as a domestic threat to the American people and the Constitution itself. Democrats and others on the political left have viewed Trump that way since he won the Electoral College vote in November 2016. Clearly others in the Administration now view Trump the same way.

Constitution Day

Tomorrow, September 17, is Constitution Day in America, celebrating the day 229 years ago when the Framers of the Constitution finished their work in Philadelphia over that long hot summer and then sent the document they’d just completed out to the states for ratification. Reflecting a vision of liberty through limited government that the Founders had first set forth 11 years earlier in the Declaration of Independence, “We the People,” through that compact, sought “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”

The political and legal history that has followed has been far from perfect, of course. Has any nation’s been otherwise? But in the great sweep of human affairs, we’ve done pretty well living under this, the world’s oldest written constitution still in effect. Much that has happened to and under the Constitution during the ensuing years has been good, such as the ratification of the Civil War Amendments, which incorporated at last the grand principles of the Declaration of Independence; much has not been so good, such as the major reinterpretations of the document, without amendment, that took place during the New Deal, giving us the modern executive state that undermines the Founders’ idea of liberty through limited government.

Here at the Cato Institute we’ve long celebrated this day as we did yesterday with our 15th annual Constitution Day symposium. Those who missed the event, which concluded with Arizona Supreme Court Justice Clint Bolick’s B. Kenneth Simon Lecture in Constitutional Thought, will be able to see it in a couple of days at Cato’s events archives. At the symposium, as we do every year, we released our 15th annual Cato Supreme Court Review, which is already online, along with the volumes from previous years. As the Founders and Framers understood, liberty under constitutionally limited government will endure only as long as it remains alive in the hearts and minds of the people. That’s why we mark this day each year.

Bloomberg BNA Podcast on Legal Challenges to ObamaCare

In this Bloomberg BNA podcast, Supreme Court correspondent Kimberly Robinson and I discuss King v. BurwellSissel v. HHS (the Origination Clause case), and House of Representatives v. Burwell, (the House GOP’s lawsuit against the Obama administration’s efforts to exceed its powers under the Constitution and the Affordable Care Act).

Keep an eye out for my article on King v. Burwell with Jonathan Adler in the upcoming Cato Supreme Court Review.

Adler and I will be speaking about King at the Cato Institute’s 14th annual Constitution Day symposium on September 17, 2015. Register here.

Kozinski on Privacy at Constitution Day

The Hon. Alex Kozinski gave the annual B. Kenneth Simon lecture at Cato’s Constitution Day conference on September 15, 2011. He spoke about changing cultural expectations of privacy regarding new technologies and how judicial applications of the Fourth Amendment have changed over time to reflect these expectations. Judge Kozinski is the Chief Judge on the U.S. Court of Appeals for the Ninth Circuit.

IJ’s Steve Simpson on Doe v. Reed

If the government can force us to disclose the source of our funds when we speak publicly, what can’t they require of us? Steve Simpson from the Institute for Justice discussed disclosure laws in light of the Doe v. Reed Supreme Court decision at Cato’s Constitution Day. You can get a copy of the latest Cato Supreme Court Review at our bookstore.

Constitution Day

On September 17, 1787, the Framers of the Constitution of the United States of America, having completed their work over that long hot summer, sent the document out to the states with the hope that conventions in the states, pursuant to Article VII, would see fit to ratify it. Nine months later, on June 21, 1788, New Hampshire became the ninth state to do so, making the Constitution effective between those states. Shortly thereafter, three more states ratified the document; and Rhode Island, the last, did so on May 29, 1790.

The Constitution was not perfect – what human creation is? – not least in its oblique recognition of slavery, believed necessary to ensure union. But it provided for amendment, as with the addition of the Bill of Rights in 1791 and the Civil War Amendments several decades later, which ended slavery and brought the Bill of Rights to bear upon the states. All things considered, especially when we look at the rest of the world, the Constitution has served us well, enabling us to prosper in greater freedom than most have ever enjoyed.

Over the past century, however, we’ve allowed governments at all levels to grow far more than the Framers ever would have imagined the Constitution allowed, until today the modern redistributive and regulatory state is everywhere upon us. James Madison, the principal author of the Constitution, wrote in Federalist 45 that the powers of the new government would be “few and defined,” leaving us largely free to plan and live our own lives. If we’re to restore that Constitution of limited government, it will take more than courts and “politics as usual” to do so. We’ve got to take the Constitution seriously not just on Constitution Day but on every day. Fortunately, there are stirrings in the nation today that suggest that ever more Americans are doing so. Thomas Jefferson said it best: “Eternal vigilance is the price of liberty.”

Cato’s Eternal Vigilance

Today is Constitution Day, when all educational institutions are supposed to teach something about our founding document and when all citizens should think about the liberty that is so precious, but that requires, as Jefferson said, eternal vigilance.  We at Cato celebrate Constitution Day with our annual symposium – this year held yesterday so as to accommodate Yom Kippur, which begins tonight – and by releasing the Cato Supreme Court Review, the nation’s first in-depth review of the Supreme Court term just ended.

We’ve now had nine such conferences – which take place about two and a half months after the previous term concludes and two weeks before the next one begins – and published nine such volumes.  We are proud of the speed with which we publish the Review – authors of articles about the last-decided cases have little more than a month to provide us full drafts – and of the tome’s accessibility, at least insofar as the Court’s opinions allow for that.  Both the book and the conference are intended for everyone from lawyers to educated laymen and interested citizens.

I hope that our Constitution Day event and the Review’s collection of essays will deepen and promote the Madisonian first principles of our Constitution, giving renewed voice to the Framers’ fervent wish that we have a government of laws and not of men.  In so doing, we hope also to do justice to a rich legal tradition in which judges, politicians, and ordinary citizens alike understood that the Constitution reflects and protects the natural rights to life, liberty, and property – including The Right to Earn a Living, to quote the title of a new book by my friend and Cato adjunct scholar Timothy Sandefur (for which we’re having a Hill briefing today and book forum Monday) – and serves as a bulwark against the abuse of government power.

In this uncertain time of individual mandates, endless “stimulus,” financial “reform,” and general overreach, it is more important than ever to remember our Constitution’s roots in the Enlightenment tradition.