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by John Reynolds The Constitution - Your Contract
by John W. Reynolds, Correspondent
The American people have not been fully engaged in the Constitutional government of this country. Proof of this is low voter turnout in the Voter Eligible Population (VEP). Nationally in 2008 VEP turnout was 62%. Utah at 53%, was among the lowest along with Arkansas, Hawaii, and West Virginia. States with the highest VEP turnout were Wisconsin, Colorado, Iowa, Alaska, and New Hampshire all in the high 60 to low 70 percentages. In state and local elections, turnout is generally much lower. The critical questions are: At what level of non-participation does a constitutional government become dysfunctional? Have we reached that point or does it lay ahead? Can we change the level of apathy among voters?
Whether something is Constitutional or not is a question brought up often these days. Freedoms guaranteed by the Constitution are seen as being endangered by actions of Congress, the President, and the Judiciary. But do we realize that perhaps the greatest offender is WE the PEOPLE? Why? Because the Constitution is a Contract; the same as any other that you might enter into. Parties to the contract agree to perform. It may include real or personal property exchanging hands, or services may be obligated for “consideration”. A contract is a legal instrument provided certain requirements are met under contract law.
Our Constitution is primarily a contract between two parties; the citizens of the United States of America and the Government. We’ve never been asked to sign it, though over the centuries many have signed with their own blood. Parties to the contract are not named specifically but they are all of the citizens of this country and all who serve in the Legislative, Executive, and Judicial Branches as described in the Constitution. The original drafters of the Constitution all signed the document at considerable peril to their reputation, their fortunes, and their lives. It was ratified by the original 13 states and all territories that later attained statehood.
In the Constitution, powers and responsibilities of the branches of government are defined as well as those of the citizens. George Washington said it this way: “The power of the Constitution will always be with the people. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their interest, or not agreeable to their wishes, their servants can, and undoubtedly will, be recalled.” The people have a lot of power and responsibility. Among our responsibilities are to choose (by voting) members of the House of Representatives every two years; and every six years the members of the Senate; and to chose every four years a President and Vice President. We are also responsible for choosing members of our state and local government. We also must not commit treason against the United States, or aid and abet the enemy. We must obey the laws of the land, serve in the military as legally ordered, obey the laws of state and local governments, and pay taxes.
If we don’t keep our end of the contract by voting, we are in default - at which point several things can or will happen. Someone else can come in and claim “squatter’s rights” or usurp those powers in default. This would be the lobbyist or influence peddlers. George Washington had an opinion on “influence”; he said, “Influence is NO Government.” Lobbyists persuade legislators to vote the way that will benefit their clients or special interest groups. Judging by the number of lobbyists and the money they spread around, there are a lot of us in default - in effect making the Constitution a sham.
We must honor this contract that was forged by the wisdom, strength, and blood of our nation’s founders and the generations of brave men and women who have kept it intact. To do less would be a disgrace. We must find the will to pass this honorable contract on to future generations. One way of doing so is to take our voting obligation seriously!
SOURCES:
“Our Documents” Oxford Press
Dr. Michael McDonald, Voter Statistics, George Mason University
“The Constitution”, National Center for Constitutional Studies |