Paradoxes Within Our Constitution

The Constitution of the United States is over 230 years old. With many amendments added through the years, and with new interpretations of the Constitution, our country is still guided by a founding document written in 1787. What has made this document so enduring, argues Joseph Ellis in his book The Quartet, is not that it was written with the divine influence of providence or that it held unique support among men, but that it understood and adapted a paradoxical framework about government. Writing on our founders and the endurance of the constitution Ellis states,

 

“It has endured not because it embodies timeless truths that the founders fathomed as tongues of fire danced over the heads, but because it manages to combine the two time-bound truths of its own time: namely, that any legitimate government must rest on a popular foundation, and that popular majorities cannot be trusted to act responsibly, a paradox that has aged remarkably well.”

 

The ideas of our Constitution were not universally accepted and clear to everyone at the time of its adoption, and even today the paradox of our constitution is not well understood. Government does not rely on complete power and authority in the United States. A leading political figure, an agency, and the legitimacy of our government only persist because they can react (at least to some extent) to the popular demands of our citizens. At the same time, we have a slow process that in recent years seems to frequently grind to a gridlocked halt when a minority opposes the actions of a popular majority. This limits the ability of government or popular majority to¬† run roughshod over the rights and liberties of a minority. While politically frustrating, this limitation of the majorities power, and the the divestiture of the majority’s power in a politically elected representative or government creates a system of government that is reactive to its citizens and simultaneously constrained from tyrannical tendencies. It may not be perfect and often does not work as well as we would hope, but through time it has evolved to allow citizens to enjoy liberty and has moved in a direction where minority factions have been preserved and protected (thought often times not well) and gained greater influence over time.