The Significance of Our Constitution: the Principle of Rule of Law

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Quick question, have you ever heard of Constitution Day? I wouldn’t be surprised if only a few of you knew that September 17th is a federal holiday. Even though we Americans are very proud of our Constitution, very few people really understand this legal document and even fewer probably know how this holiday that commemorates our constitution came to be. The answer to latter is pretty easy, just ask Google. Through the effort of Senator Robert Byrd of West Virginia, a federal law was passed in 2005 that requires any educational institution that receives funding from the federal government must recognize Constitution Day. The intent of the bill was to help promote the understanding of the Constitution.
Now back to the harder question. One very basic question we face regarding the Constitution is the how to balance civil liberty and national security. The Constitution grants and limits the powers of the government.The founding fathers of our country established a republic based on the British philosopher, John Locke’s social contract theory. Under Locke’s theory, a limited government must be established. Limited government does not mean weak government, but simply means that the power of the government is limited by the constitution. There is an imaginary line that is drawn by the Constitution that represents the balance between the powers of the government and civil liberties of the people. In a police state or a totalitarian government, there is no such line, because the government can extend its authority to every segment of an individual’s life. With that in mind, we must also recognize that a totalitarian government (unlimited in power) isn’t necessarily a strong government.
The line defined by the Constitution is not immovable like the Great Wall of China. Rather, it’s very flexible. In general, when national security is at stake, the line has the ability to shift in the direction of the government. In times of peace, the line shifts back towards civil liberty. Under our system of checks and balance, based on the state of our union, the Supreme Court has the last say on where the line is drawn.
Let me give you an example. In times of war and crisis, as the Commander in Chief, the President can expand his power to protect our national security. The other two branches, Congress and the Supreme Court, will generally support the expansion of the executive branch’s powers in these times of need. As a result the scope of civil liberties may be narrowed. Since the terror attacks on 9/11, the power of the executive branch has been expanded and certain civil liberties limited.
However, even in these times of crisis, the protection of the civil liberties under the Constitution should be thoroughly observed. The fact is that our rights to freedoms of speech, assembly and expression are so vital to our Democracy. In times of distress and war, people will rarely speak out against increased government authority in fear of being viewed as unpatriotic. As so many voices are muted during times of crisis, it is my view that we need more protections of our civil liberties during these difficult times. Since the birth of this nation, there have always been struggles with balancing civil liberties and national security.
Many of us have wondered whether our constitutional system really works. Are there circumstances that may make the Constitution irrelevant. Even though the Constitution is a piece of paper which seemingly is not easily changed, we must remember that it is the duty of the Supreme Court (comprised of nine appointed justices) to interpret the Constitution based on reality and each justice’s political philosophy. In essence, the justices of the Supreme Court bring life to the Constitution and more importantly, up-to-date through their decisions.
During a crisis or war, the ExecutiveBranch has the duty to protect its constituents. Once the crisis or war ends, the Supreme Court has the authority to restore order and pull the line to back to the center. This flexibility is the beauty of our Constitutional system.
I hope we all celebrate Constitution Day on September 17th and truly appreciate how lucky we are to live in a Constitutional society.