Sunday, September 20, 2020

The Constitution and the Importance of Writing It Down

 From The National Review:

All that being said, the long tenure of our Constitution — the oldest one in continuous use, just as America’s exceptional system is the oldest continuous system of republican and democratic government — owes much of its importance and durability to another crucial fact: The Framers did not merely agree on a system of governmental powers and individual rights, they wrote the rules down. This was a key departure from British practice. Britain in 1787 had a Parliament, and the Magna Carta of 1215, and the Bill of Rights of 1689, but it nowhere had a single rulebook ratified by the people that could not be changed without their consent. The British “Constitution” to this day is a concept rather than a written document, and Parliament has very little constraint in changing it. The British system has evolved so much since 1787 that it is far less recognizable today than the American system of the day: The King controlled many appointments and much national policy, the House of Lords had significant governing powers, and the Commons was not elected in anything even vaguely resembling representative terms or proportions. The system has endured in large part due to the British habit of unspoken agreement, pragmatism, and tradition, but what was truly novel in America was the insistence of the Founding generation that the rules must be written down, and that they must constrain everyone. The entire American concept of constitutionalism can be summarized in four words: “You can’t do that!" (Read more.)
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