Crafters of US Constitution had foresight to create now centuries-old document
Studying the US Constitution in school, we learned about the checks-and-balances in our government. “We the People” formed a constitutional republic—not a democracy (electing legislators to represent us as they pass bills to be signed or vetoed by the president), a president—not a dictatorship (a president, elected by the citizens through the electoral college, who may make recommendations to Congress but not create laws). The judicial branch (the Supreme Court and federal courts) determines the constitutionality of the laws and presidential actions in their judicial review.
Since justices are appointed to the Supreme Court while members of the legislative and executive branches are elected, we know less about the judicial branch. However, the media emphasized numerous decisions rendered by the Supreme Court this past year. Many called it a historic term, returning more power to citizens and states. Judicial decisions significantly impact politics and society.
Pundits have already published lists of cases to be on the docket for the current session that opened in October, usually issuing the most controversial rulings in late June. The Supreme Court will hear cases about racial preferences for college admission, gerrymandering and congressional maps, religious rights under the free exercise clause of the First Amendment, priorities in policies on arrest and deportation of illegal immigrants, definition of “wetlands” not connected with navigable waters, California’s right to impose restrictions on out-of-state pork producers, the role of Section 230 providing immunity for Big Tech in social media, and the list will grow.
The supreme courts in other democracies are less dynamic. Once appointed to serve on the Supreme Court, our justices have life-time tenure. In Germany, judges serve for 12 years or until 68 years of age, whichever occurs first. In Australia, New Zealand, Israel, and the United Kingdom judges must retire by age 70.
With term limits and age restrictions, the ideological composition of the courts in other countries is more fluid. In Canada, the Parliament may pass laws contradictory to court rulings, but those laws must be reapproved every five years. In Great Britain, the judicial decisions are viewed more as suggestions than laws.
In order to overrule a Supreme Court decision in this country, it requires a two-thirds vote from both the House and the Senate or approval from two-thirds of the state legislatures to initiate a constitutional amendment that requires that three-quarters of the states vote to ratify the amendment. Following the ratification of the Constitution and the Bill of Rights, only 17 amendments have been approved and none since 1992.
Some criticize our system for its lack of transparency (except when there is a “leak” of a draft circulating among the justices). Each justice signs the majority decision or the dissenting one. Citizens know how each justice votes on every decision.
By contrast, Germany has two supreme courts comprised of sixteen members (no swing vote possible), and the decisions are issued unsigned.
Colombia has four high courts, including both supreme and constitutional courts. Each court varies in size between 9 and 27 judges who typically serve nonrenewable 8-year terms.
Our country’s government is unique in other ways. The US Constitution is short, containing only 4543 words, including the signatures. With the Bill of Rights and 17 amendments, the word total increases to 7591. The Founders created a document that outlines specific duties and leaves those undesignated responsibilities to the states. It is an enduring document, providing stability.
Other nations modify their constitution frequently to address ever-changing cultural concerns. For example, Colombia has instituted 13 constitutions in a century. The South African constitution has been amended 17 times since its ratification in 1996. Germany regularly amends its constitution about every year.
I am grateful for the foresight of the delegates (aged 26-81) who drafted a document that has endured for more than two centuries and provided a stable structure for the nation, entrusting political and judicial power to separate branches of government that are based upon constitutional rule of law.
God Bless America!
This is the opinion of Times Writers Group member Phyllis E. VanBuren, a lifelong learner and enthusiastic educator, who values family, friends, faith, honesty, liberty and integrity. Her column is typically published the fourth Sunday of the month.
This article originally appeared on St. Cloud Times: Crafters of US Constitution had foresight to create document
