What Happened to the Constitution? - A Commentary from Real Life

What Happened to the Constitution?

As a high school American Government teacher it is my responsibility to make sure that my students understand the principals upon which our county was founded and that the bedrock of the Constitution, our Supreme Law of the Land, embodies.  All of my students are seniors who either can vote or will be able to in a very few months.  During a class where the six basic principles of the U.S. Constitution were the topic of discussion a student raised his hand.  I was excited because this student rarely speaks out in a public forum.  When I called on him, he asked, “Why doesn’t it work like that now?”

I was struck by the directness and the perception of this student.  This question led the class into one of the best discussions about the Constitution and our form of government I have ever experienced. 

As a candidate for the Kansas House, District 22, I have to admit I’m asking the same question.  Why doesn’t it work like that now?

THE SIX (6) BASIC PRINCIPLES OF THE U.S. CONSTITUTION

1.       Popular Sovereignty: All political power resides in the people.  They are sovereign and the only source of any and all governmental power.

2.       Limited Government: No government is all – powerful and may only do the things the people have given it the power to do.

3.       Separation of Powers: The basic powers of government – legislative, executive and judicial are separate and can never be combined.

4.       Checks and Balances: Each of the three basic powers of government has certain powers with which to check or balance the other two.

5.       Judicial Review: The power of the courts to determine whether what the government does is in accord with the U.S. Constitution.

6.       Federalism: Power is distributed on a territorial basis between the Federal and State governments.

Let me share a few of the questions from some high school seniors that I echo.

“If all political power resides in the people why are our leaders passing bills into law that we don’t want?”      Popular Sovereignty

“The Preamble to the Constitution starts with “We the people.”  Doesn’t that mean that the people are in charge?”   Popular Sovereignty

“Limited government means our government only has the powers we give it.  What gives (Kansas Government) the right to tell us where we can or can’t smoke?”   Limited Government

“How is it possible for the courts to tell us what to do?  If they decide a law is unconstitutional I’m okay with it.  But if they tell us how to fix the problem aren’t they violating the separation of powers?”    Separation of Powers/Checks and Balances

The high school seniors I teach are smart and they are concerned over how, to them, it appears that popular sovereignty, limited government and separation of powers no longer exist.  I must admit I am hard pressed to explain that our republic form of government is alive and well but I do my best to do just that.  I saved the most telling question for last:

“The Constitution is the supreme law of the land.  How come it’s being treated like a piece of paper?”

I haven’t come up with an answer for that.