CONSTITUTIONAL MYTHS & REALITIES - Eight of 'em, so pay attention! - Part V

This is part five in an eight part series adapted from a speech delivered on April 29, 2003, at a Hillsdale College National Leadership Seminar in Dearborn, Michigan. Reprinted by permission from Imprimis, the national speech digest of Hillsdale College. [Part IV is here]

Myth or Misconception 5: The Constitution is a document for lawyers and judges.

The Constitution was written for those in whose name it was cast, "we the people." It is a relatively short document, and it is generally straightforward and clear-cut. With only a few exceptions, there is an absence of legalese or technical terms. While the contemporary constitutional debate has focused overwhelmingly on a few broad phrases of the Constitution such as "due process" and "equal protection," the overwhelming part of this document specifies, for example, that a member of the House of Representatives must be 25 years of age, seven years a citizen, and an inhabitant of the state from which he is chosen; that a bill becomes a law when approved by both Houses and signed by the president, etc. One willing to invest just a bit more time in understanding the Constitution need only peruse The Federalist Papers to see what Madison, Hamilton or Jay had to say about its provisions to a popular audience in the late-18th century.

One reason I believe that the Constitution, as well as our laws generally, should be interpreted according to the straightforward meaning of their language, is to maintain the law as an institution that belongs to all of the people, and not merely to judges and lawyers. Let me give you an illustration: One creative constitutional scholar has said that the requirement that the president shall be at least 35 years of age really means that a president must have the maturity of a person who was 35 back in 1789 when the Constitution was written. That age today, opines this scholar, might be 30 or 32 or 40 or 42. The problem is that whenever a word or phrase of the Constitution is interpreted in such a "creative" fashion, the Constitution— and the law in general—becomes less accessible and less comprehensible to ordinary citizens, and more the exclusive province of attorneys who are trained in knowing such things as that "35" does not always mean "35."

One thing, by the way, that is unusual in the constitutional law course that I teach at Hillsdale College is that we actually read the language of the Constitution and discuss its provisions as we do so. What passes for constitutional law study at many colleges and universities is exclusively the study of Supreme Court decisions. While such decisions are obviously important, it is also important to compare what the Supreme Court has said to what the Constitution says. What is also unusual at Hillsdale is that, by the time students take my course, they have been required to study such informing documents as the Declaration of Independence, The Federalist Papers, Washington's First Inaugural Address— and, indeed, the Constitution itself.