Constitution

The 22nd Amendment

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On February 27th, 1951, the 22nd amendment was ratified which made permanent a tradition that has profound influence on the philosophy of government in the United States of America. This amendment may not be the most well known amendment but its place in the fabric of American history cannot be overstated. That is because the 22nd Amendment mandated that…

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

The limitation of service as President of the United States to two terms was one that up until the 22nd amendment was more a matter of custom than law. It began when George Washington refused to run for a third term. But by making the limitation of power in the presidency in the 22nd amendment, the American people made a bold statement about how their government would be run.

One of the most unique aspects to how the United States of America organized its government was the concept of citizen rulers. This concept was born in the very halls and pubs where the founding fathers gathered to discuss this new country that was just getting started. By reducing the idea of a “career politician”, especially at the presidential level, the 22nd amendment dealt a deadly blow to the concept that America would ever be ruled by a king or a “president for life.”

This was clearly a reaction by America to the abuses that had witnessed by the pilgrims and immigrants that make up this great country in their homelands. They reacted strongly and negatively to the deification of kings and the virtually unlimited powers that too many times systems of royalty tended to give to their leadership. This was one of the central themes that caused so many to flee Europe, Central Asia and other parts of the world to seek a land where it was the people who were the center of the governments will, not the arbitrary ideas of a king who was cut off from the real needs of the people he served.

The way America set up its presidency was in every way an attempt to “fix” the flaws and abuses of the European models and refocus the center of power in government on the electorate rather than on the elected. Another aspect of the American federal system that was put in place deliberately to limit the ability of those in power to abuse that power is the system of checks and balances. This system assures that none of the branches of government, The Congress, the Presidency or the Supreme Court could dominate the other or take complete power and rule without challenge. By insuring that all in power had to answer to the opposing party and be prepared to answer to the American people for what they did and even said, this completely eliminated that chances that one part of the government would stage a “coup” over the other.

Accountability is a word that is not very exciting but it is the concept that has kept the American system of government healthy and in service to its people rather than putting them in service for over 200 years.

In addition to these several highly innovative methods the founding fathers gave to this young country to eliminate the abuses of past governmental systems, they also put a system in place that assured the orderly transition of power. The system of elections every two years stopped two evils, the occurrence of a politician who served for life without accountability and a system wherein the only way to loose your job in government was by violent overthrow. As a result the American system, albeit contentious and argumentative, has been and continues to be one of the most peaceful and orderly systems of federal administration in the world and indeed in the history of the world.

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The Cornerstone of American Law

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There are just a few truly great documents that represent the foundation stones upon which the American system of government was built. One is the Declaration of Independence. Another is The Bill of Rights. But when it comes to the legal girding that we always go back to in order to test if a law in this land can stand or fall, it is the Constitution of the United States of America that is that backbone that defines right and wrong for us.

Indeed you might even say that the sole reason we have a Supreme Court is to have a living body that is here to decide on, interpret and enforce constitutional law. And what is the worse accusation anyone can make about any act that is in question from a government agency? “That’s unconstitutional” is that accusation. That is how powerful this document is in American life, legal definitions and culture.

The historical context of the signing of The Constitution was The Constitutional Convention on September 17, 1787 in Philadelphia. That city witnessed many such historic events which enshrine its place in the history of the country to be sure. The framers of that Constitution would have to be considered without question the most intelligent and well educated men certainly of their time and maybe of any time. That document was so well crafted that it has lasted as a legal standard for over 200 years with no signs that its power will diminish for hundreds of years more. But in that context, the Constitution is the oldest document of its kind in existence in the world and the original is carefully protected but on display in Washington DC.

The Constitution reflected the best of some of the oldest legal documents of similar intent that went back hundreds of years into history. As such the Constitution includes ideas drawn from the Magna Carta, the French political philosopher Montesquieu, The Code of Hammurabi, the law of the Old Testament, ancient Greek political ideology from such writers as Polybius as well as Common Law from England. So while the core ideas of the Constitution draw from some of the greatest systems of government and ideologies from history, the outcome is a unique format for governing a people that was so untried that it was considered to be “The Great American Experiment.”

The Constitution is divided into seven “articles” each of which discusses one of the divisions of government. Articles one through three discuss the three branches of government including the legislative, the executive and the judicial. Article four goes into depth about the rights and powers reserved to the states. It is clear to see that the framers knew the importance of leaving much of the power of governing at the local and state level and that those rights needed to be preserved at the foundational document of the society, The Constitution.

Other articles discuss the ratification process and federal power. But the wisdom of the framers of The Constitution lie in article five which outlines a process of amendments which leaves room for additional work to be done to keep the Constitution up to date to changes that need to be made. As such the Constitution has remained a living document for all of these years and will continue to be seen in that light for many decades and centuries to come.

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