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Our Constitution

…We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Jill Lepore, These Truths

I am a Democrat, more by accident than deep-felt Ideology. I registered to vote in a Democratic state and to have meaningful choices; you became a Democrat when you registered. By ideology, I am more likely to be moderately independent. However, I accept that governing our nation means different things to different people. Republicans and Democrats have opposing views, liberals and conservatives have differing views, and states rightest and federalists have differing views. But one thing we have all been able to count on throughout our history is that the basic principles of Democracy prevail. Our Constitution clarifies all of these views. Unfortunately, our Constitution and our democratic principles are now under assault.

The key cornerstones of democracy in the United States are:

1. Rule of Law: The principle that everyone, including government officials, is subject to and accountable under the law.
2. Separation of Powers: Dividing governmental power among the legislative, executive, and judicial branches.
3. Checks and Balances: A system where each branch of government can limit the power of the other branches.
4. Individual Rights and Liberties: The Constitution guarantees freedom of speech, religion, assembly, and other fundamental rights.
5. Popular Sovereignty: The government’s authority comes from the people.
6. Equal Protection Under the Law: The principle that all citizens are treated equally under the law, regardless of race, religion, gender, etc.

Rule of Law

Explanation: The Rule of Law ensures that all individuals and institutions, including government officials, are accountable under the law. It is the foundation of an orderly and just society, where laws are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms. The Rule of Law safeguards against arbitrary governance and is crucial to democracy as it prevents the abuse of power and upholds justice and fairness.

Under Attack: In recent years, political polarization and manipulation of legal institutions have threatened this principle. Challenges include attempts to undermine judicial independence and efforts to exempt certain individuals or groups from accountability. We are seeing every day new stories of the President not only using his bully pulpit, but misusing it by the withholding of federal funds. The justice we envisioned in our Constitution is not supposed to be political or based upon bullying. Ordering the Justice Department to attack individuals because they didn’t agree with you is wrong and a misuse of power.

Separation of Powers

Explanation: The Separation of Powers divides governmental responsibilities among three branches: legislative (making laws), executive (implementing laws), and judicial (interpreting laws). This structure was designed to prevent the concentration of power in one branch and to provide a system of checks and balances that protects individual freedoms. By allocating different powers to distinct branches, the framework ensures that each can operate independently and without undue influence from the others.

Under Attack: This foundational principle is being weakened by the overreach of the Executive branch of government. For example, when the executive that bypasses the legislative process and intimidates the judiciary that disrupts the balance. Increasingly, executive orders and partisan gridlock in legislative bodies have blurred these lines, challenging the effectiveness and intent of this division.

This is a cornerstone of our democracy that can only be preserved if we have legislators who legislate keeping in mind the Constitution’s guidance that their goal is to promote the general welfare of all and ensure democracies posterity. We need a judicial system that is above politics and performs it’s duties under the separation of powers concept. The Executive branch is also guided by the principals of the Constitution and not to work outside the law but within it’s boundaries.

We must regain this balance between the three functions of our government.

Checks and Balances

Explanation: The system of Checks and Balances was designed to ensure that no single branch of government becomes too powerful. Each branch has specific powers that enable it to check the actions of the others, thus maintaining equilibrium within the federal government. This interlocking framework is designed to encourage cooperation as well as to safeguard against tyranny and abuse of power.

Under Attack: Checks and Balances can be compromised by partisanship and undue influence. When a single political party controls multiple branches, there can be a reluctance to challenge overreach. Furthermore, executive actions that bypass the legislative process or attempts to weaken judicial review can diminish this protective mechanism. Our checks and balances are being weakened by a judicial branch that has become more politicized with each election. More importantly our institutions are unwilling to stand up before the executive branches misuse of their power.

It is clear at this point that our checks and balances are out of balance. Money and power seem to be the order of the day not the welfare of our people.

Individual Rights and Liberties

Explanation: The United States Constitution, particularly through the Bill of Rights, guarantees fundamental rights and freedoms such as speech, religion, and assembly. These liberties are essential to the functioning of a democratic society as they empower citizens to express their beliefs, participate in governance, and challenge injustices without fear of persecution.

Under Attack: Civil liberties are being threatened by policies and practices that aim to restrict freedom of expression, curtail religious practices, or unjustly surveil individuals. In the digital age, issues around privacy and speech have come to the forefront, with government and corporate interests often in tension with individual rights.

Our individual rights are being trampled on every day. You are not bad or wrong because you are different. The arrest of individuals because they participated in a protest rally within the law is an embarrassment for the US Democracy. The punishment of institutions because they believe in diversity, equity, and inclusion is also an embarrassment to our country and it’s Constitution.

Popular Sovereignty

Explanation: Popular Sovereignty is the doctrine that the government’s power is derived from the consent of the governed. In a democracy, this means that authority is vested in the people who elect representatives to make decisions on their behalf. It underscores the importance of civic participation and the right to vote as essential components of self-governance.This does not mean, however, that the elected can trample the constitutional rights and the rule of law.

Under Attack: Threats to Popular Sovereignty arise when electoral processes are compromised. Voter suppression, gerrymandering, and misinformation campaigns can dilute the true expression of the people’s will. Safeguarding free and fair elections is critical to maintaining this democratic principle. More importantly, it is compromised when those elected people are afraid to vote in the interests of the country. Just today the House passed a bill limiting voter rights.

Equal Protection Under the Law

Explanation: The principle of Equal Protection Under the Law, enshrined in the 14th Amendment, mandates that no person or group should be denied the same protection of the laws as others. It is a cornerstone of civil rights, aiming to eliminate discrimination and promote justice and equality.

Under Attack: Despite legal protections, systemic inequalities persist, and new legislation or executive actions can threaten these protections. Disparities in the criminal justice system, racial profiling, and unequal resource distribution demonstrate ongoing challenges to achieving full equality and protection for all citizens. We have a long way to go to have equal protection under the law for everyone, bur we should not give up. We must continue to strive for equal justice for all and work toward removing the current systematic prejudices.

The concept of equal protection under law is being totally ignored by the current administration. They are randomly deporting people without just cause or right to due process. We must fix this. right your elected officials and tell them clearly what you think and what they need to be doing to guard onur constitutional rights.

Perhaps you and I as individuals can’t do much to protect the Constitution , but we can make our voices heard. So, speak out and let your voice be the beginning of the national roar.