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Constitution left much unsaid, so don’t be in such a hurry to cite it

    Several persons writing here for or against a particular cause cite the “original intent” of the Constitution, or the country’s “religious roots” to support their position. Thus, one writer asks where in the Constitution health care is mentioned while another suggests she will quiz folks seeking elective office on the Constitution; if they pass her quiz she will hire them as her “employee.” A third writer pleads for our public schools to recognize our “Judeo-Christian” roots in this Christmas season.
    There are fundamental problems for those seemingly favoring our using the “original intent” of the Constitution. For example, there is no reference to three equal and separate branches of government in the Constitution or other documents written at the time of its adoption. Yet this is generally accepted as being “true” today.
    Again, the long-accepted authority of the Supreme Court to declare “unconstitutional” acts of either of the other two branches of government is not found in Article 3 of the Constitution dealing with the judiciary. Nor does the Constitution say “corporations” are “persons” having many of the same rights as we “people.” Yet the courts have declared this to be so and the Supreme Court is expected to rule soon that laws restricting corporations’ involvement in election campaigns are unconstitutional.
    So a long-accepted practice of “judicial review” by the courts comes not from the Constitution but from the Supreme Court itself declaring it has this authority. More importantly, this self-granted authority of the courts has been accepted by us since Justice Marshall in 1803 declared the Judiciary Act of 1789 “unconstitutional.”
    As to the country’s Judeo-Christian roots, it would be well if there were some documentation to support this claim. Certainly the Founding Fathers were very focused on what caused the failure of Greek city states and the thinking of political philosophers of their day, but not religious tenets. For example, the statement that “all men are created equal” is a refutation of the idea that some of us are born with the right to be king or governor, not a reference to a “creator.”
    There are arguments to support or oppose health care or religious observances in public spaces or for supporting any particular office seeker. However, these arguments must be made on their merits — and not with a too-general and simple reference to the Constitution or our historic roots.

    ELMER F. BERTSCH
    Niskayuna

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Main Entry: con·sti·tu·tion
Pronunciation: \ˌkän(t)-stə-ˈtü-shən, -ˈtyü-\
Function: noun
Date: 14th century
1 : an established law or custom : ordinance
2 a : the physical makeup of the individual especially with respect to the health, strength, and appearance of the body b : the structure, composition, physical makeup, or nature of something
3 : the act of establishing, making, or setting up
4 : the mode in which a state or society is organized; especially : the manner in which sovereign power is distributed
5 a : the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it b : a written instrument embodying the rules of a political or social organization
— con·sti·tu·tion·less  \-ləs\ adjective