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Our Constitution: Flawed Foundation, or in Need of Restoration?

Published in Blog on January 05, 2022 by Kyle Key

I worked in the construction industry for a decade and saw many buildings built, torn down, and renovated. Some of the buildings were poorly built, with foundations that eroded over time, while other buildings have remarkably withstood the test of time.

Why do some buildings last, while others do not? The difference typically comes down to one important factor: a solid foundation built using best practices versus a shoddy foundation built in poor soil conditions or by builders cutting corners. 

This same principle of sturdy foundations applies to governments across time. Those built upon solid foundations of timeless truths and principles withstand the stresses that press against them. The United States has the oldest codified Constitution in the world, which is a testament to the strength of the principles upon which it was created. 

But there are those who claim the Constitution and its principles are flawed; that the entire structure built upon this document needs to be torn down and rebuilt.

Those on the far-left claim the foundation is completely shoddy, built upon a litany of lies, power hierarchies, and every kind of -ism they can concoct. 

Because they believe this to be the case, it only stands to reason that the rest of the structure is flawed and must be torn down. Look no further than the 1619 Project for those propagating the falsehood that America is rotten to the core and needs to be rebuilt in an image of their making.

On the far-right side of the aisle, there are similarly alarming claims that our governing document was ill-gotten.

These people claim the Constitution was built on a foundation that straddles a serious fault line. Groups such as the John Birch Society claim the Constitution we now revere and uphold was illegally and unjustly obtained. 

They believe the Founders simply created the foundational document without consent, then forced it upon the populace as the new form of government. Without a hint of irony, they then warn of serious constitutional violations that can only be remediated by holding elected officials to their oath to the allegedly illegitimate Constitution.

I liken this to a homeowner who insists a home continue to be built on a cracked and crumbling foundation and rotted walls, yelling at the contractor, “but you promised to build!”

Following the logic of this position to its natural end, if the Constitution was indeed illegally obtained, then it should be thrown out and our country should go back to using the failed Articles of Confederation.

For an organization that claims our entire form of government is built on a lie, why do they spend so much time trying to prevent any form of change to the Constitution? Much like adherents to the 1619 Project, they wish for a country rebuilt in an image of their own making.

The True Foundation

So where does that leave us? I am convinced, like many of those reading, that our country was built on a solid foundation. Our Founders wisely created a system of government that is founded on the laws of nature and nature’s God, steeped in right reason and justice. 

Now, I am not naïve to the imperfections of the Founders or the justice that was denied to many for so long. For the same reason a foundation wouldn’t be considered a complete building, our Constitution as it was initially written was only a solid starting point for our country.

As we have built over time, we have made adjustments to the beautiful home that we have formed. It hasn’t always been perfect, but over time we are indeed forming a “more perfect union.”

The Founders wisely provided a way to make corrections and adjustments to our foundational document to make it a more perfect union via amendments. Amendments are the additions to the home that beautify it and make it more sound. Professor Robert G. Natelson makes the case for why amendments have a long-lasting, mostly positive impact on American political life in his article The Lamp of Experience: Constitutional Amendments Work

But what happens when those who have been charged with the care of this home built on a solid foundation fail to care for it? Over time, our elected federal government officials have chosen to neglect necessary care and maintenance for our system of governance, instead allowing it to fall into disrepair. 

  • Federal spending is spiraling out of control, with the national debt now standing at $29 trillion at the time of this writing.
  • Corruption in government goes unpunished, with many bureaucrats abusing their power with no recourse for their actions.
  • Americans wait with baited breath every June when the Supreme Court declares their laws made out of whole-cloth to which we are bound to obey.

There is rot in the home caused by the very people and institutions that we have charged to care for it. If they won’t make the necessary repairs to restore the house of our democratic republic, then what can we do?

The Founders wanted and expected us to be part of the construction of our Constitution. They laid the framework for our success when they crafted the Constitution, but expected us to make changes and adjustments when necessary. Right now, that restoration to the integrity of our institutions is needed more than ever. 

We can make those changes using the tools in Article V of the Constitution. The Founders wisely predicted a day when the federal government would fail to act to preserve the house we’ve built. They gave us the ability to do that work ourselves and become part of the building process through an amendments convention.

The states can propose and ratify amendments without Congress or the Presidency getting involved - amendments that can make structural changes to shore up our foundations, remove the rot, and help our Constitution continue to withstand the test of time.

Instead of completely throwing out what has been built or simply trying to build on top of the rot, we need to repair and restore. Our legacy to our posterity is to remove the dilapidated parts of the home and restore them to their original luster.

We can and should leave our fingerprints next to the Founders as we continue to build on the sure foundation they laid for us. If we do this, our posterity will look up on the home we restored many generations from now, knowing the care and craftsmanship we put into it has provided a safe shelter for their liberties. 

Kyle Key is the Communications Director for Convention of States Action.

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