9/2/2020 A People’s Constitution, by Howard Zinn
https://www.uvm.edu/~dguber/POLS21/articles/zinn.htm 1/2
A People’s Constitution: Some Truths Are Not Self-Evident
by HOWARD ZINN
The Nation, August 1, 1987, volume 245, pp. 87-88
This year Americans are talking about the Constitutionbut asking the wrong questions, such as, Could the
Founding Fathers have done better? That concern is pointless, 200 years after the fact. Or, Does the Constitution
provide the framework for a just and democratic society today? That question is also misplaced, because the
Constitution, whatever its language and however interpreted by the Supreme Court, does not determine the
degree of justice, liberty or democracy in our society.
The proper question, I believe, is not how good a documentis or was the Constitution but, What effect does it
have on the quality of our lives? And the answer to that, it seems to me, is, Very little. The Constitution makes
promises it cannot by itself keep, and therefore deludes us into complacency about the rights we have. It is
conspicuously silent on certain other rights that all human beings deserve. And it pretends to set limits on
governmental powers, when in fact those limits are easily ignored.
I am not arguing that the Constitution has no importance; words have moral power and principles can be useful
even when ambiguous. But, like other historic documents, the Constitution is of minor importance compared
with the actions that citizens take, especially when those actions are joined in social movements. Such
movements have worked, historically, to secure the rights our human sensibilities tell us are self-evidently ours,
whether or not those rights are “granted” by the Constitution.
Let me illustrate my point with five issues of liberty and justice:
First is the matter of racial equality. When slavery was abolished, it was not by constitutional fiat but by the
joining of military necessity with the moral force of a great antislavery movement, acting outside the
Constitution and often against the law. The Thirteenth, Fourteenth and Fifteenth Amendments wrote into the
Constitution rights that extralegal action had already won. But the Fourteenth and Fifteenth Amendments were
ignored for almost a hundred years. The right to equal protection of the law and the right to vote, even the
Supreme Court decision in Brown v. Board of Education in 1954 underlining the meaning of the equal protection
clause, did not become operative until blacks, in the fifteen years following the Montgomery bus boycott, shook
up the nation by tumultuous actions inside and outside the law.
The Constitution played a helpful but marginal role in all that. Black people, in the political context of the 1960s,
would have demanded equality whether or not the Constitution called for it, just as the antislavery movement
demanded abolition even in the absence of constitutional support.
What about the most vaunted of constitutional rights, free speech? Historically, the Supreme Court has given the
right to free speech only shaky support, seesawing erratically by sometimes affirming and sometimes overriding
restrictions. Whatever a distant Court decided, the real right of citizens to free expression has been determined
by the immediate power of the local police on the street, by the employer in the workplace and by the financial
limits on the ability to use the mass media.
The existence of a First Amendment has been inspirational but its protection elusive. Its reality has depended on
the willingness of citizens, whether labor organizers, socialists or Jehovah’s Witnesses, to insist on their right to
speak and write. Liberties have not been given; they have been taken. And whether in the future we have a right
to say what we want, or air what we say, will be determined not by the existence of the First Amendment or the
latest Supreme Court decision but by whether we are courageous enough to speak up at the risk of being jailed
or fired, organized enough to defend our speech against official interference and can command resources enough
to get our ideas before a reasonably large public.
9/2/2020 A People’s Constitution, by Howard Zinn
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What of economic justice? The Constitution is silent on the right to earn a moderate income, silent on the rights
to medical care and decent housing as legitimate claims of every human being from infancy to old age.
Whatever degree of economic justice has been attained in this country (impressive compared with others,
shameful compared with our resources) cannot be attributed to something in the Constitution. It is the result of
the concerted action of laborers and farmers over the centuries, using strikes, boycotts and minor rebellions of all
sorts, to get redress of grievances directly from employers and indirectly from legislators. In the future, as in the
past, the Constitution will sleep as citizens battle over the distribution of the nation’s wealth, and will be
awakened only to mark the score.
On sexual equality the Constitution is also silent. What women have achieved thus far is the result of their own
determination, in the feminist upsurge of the nineteenth and early twentieth centuries, and the more recent
women’s liberation movement. Women have accomplished this outside the Constitution, by raising female and
male consciousness and inducing courts and legislators to recognize what the Constitution ignores.
Finally, in an age in which war approaches genocide, the irrelevance of the Constitution is especially striking.
Long, ravaging conflicts in Korea and Vietnam were waged without following Constitutional procedures, and if
there is a nuclear exchange, the decision to launch U.S. missiles will be made, as it was in those cases, by the
President and a few advisers. The public will be shut out of the process and deliberately kept uninformed by an
intricate web of secrecy and deceit. The current Iran/contra scandal hearings before Congressional select
committees should be understood as exposing not an aberration but a steady state of foreign policy.
It was not constitutional checks and balances but an aroused populace that prodded Lyndon Johnson and then
Richard Nixon into deciding to extricate the United States from Vietnam. In the immediate future, our lives will
depend not on the existence of the Constitution but on the power of an aroused citizenry demanding that we not
go to war, and on Americans refusing, as did so many G.I.s and civilians in the Vietnam era, to cooperate in the
conduct of a war.
The Constitution, like the Bible, has some good words. It is also, like the Bible, easily manipulated, distorted,
ignored and used to make us feel comfortable and protected. But we risk the loss of our lives and liberties if we
depend on a mere document to defend them. A constitution is a fine adornment for a democratic society, but it is
no substitute for the energy, boldness and concerted action of the citizens.
8/25/2017 The Bicentennial Speech
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Home » Speeches » The Bicentennial Speech
The Bicentennial Speech
This speech Thurgood Marshall gave in 1987 was part
of the
constitutional bicentennial
celebration. Politicians and Judges around the country were praising the “founding
Fathers” for their genius at writing a document that established the guiding legal
principles of the republic for generations. But Marshall was one of the few voices
pointing out that the original constitution required numerous amendments and came to
a crisis that required a Civil War to solve. In a time of flag waving and patriotic rhetoric,
Marshall’s comments surprised many and created Front-page headlines:
Remarks of Thurgood Marshall
At The Annual Seminar
of the
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SAN FRANCISCO PATENT AND TRADEMARK LAW
ASSOCIATION
In Maui, Hawaii May 6, 1987
1987 marks the 200th anniversary of the United States Constitution. A Commission has been
established to coordinate the celebration. The official meetings, essay contests, and festivities have
begun.
The planned commemoration will span three years, and I am told 1987 is “dedicated to the memory
of the Founders and the document they drafted in Philadelphia.” Commission on the Bicentennial of
the United States Constitution, First Full Year’s Report, at 7 (September 1986). we are to “recall the
achievements of our Founders and the knowledge and experience that inspired them, the nature of
the government they established, its origins, its character, and its ends, and the rights and privileges
of citizenship, as well as its attendant responsibilities.” Commission on the Bicentennial of the
United States Constitution, First Report, at 6 (September 17, 1985).
Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as
the source of all the very best that has followed. Patriotic feelings will surely swell, prompting proud
proclamations of the wisdom, foresight, and sense of justice shared by the Framers and reflected in
a written document now yellowed with age. This is unfortunatenot the patriotism itself, but the
tendency for the celebration to oversimplify, and overlook the many other events that have been
instrumental to our achievements as a nation. The focus of this celebration invites a complacent
belief that the vision of those who debated and compromised in Philadelphia yielded the “more
perfect Union” it is said we now enjoy.
I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever
“fixed” at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice
exhibited by the Framers particularly profound. To the contrary, the government they devised was
defective from the start, requiring several amendments, a civil war, and momentous social
transformation to attain the system of constitutional government, and its respect for the individual
freedoms and human rights, we hold as fundamental today. When contemporary Americans cite
“The Constitution,” they invoke a concept that is vastly different from what the Framers barely began
to construct two centuries ago.
For a sense of the evolving nature of the Constitution we need look no further than the first three
words of the document’s preamble: ‘We the People.” When the Founding Fathers used this phrase in
1787, they did not have in mind the majority of America’s citizens. “We the People” included, in the
words of the Framers, “the whole Number of free Persons.” United States Constitution, Art. 1, 52
(Sept. 17, 1787).
On a matter so basic as the right to vote, for example, Negro slaves were
excluded, although they were counted for representational purposes at
threefifths each. Women did not gain the right to vote for over a hundred and
thirty years. The 19th Amendment (ratified in 1920).
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These omissions were intentional. The record of the Framers’ debates on the slave question is
especially clear: The Southern States acceded to the demands of the New England States for giving
Congress broad power to regulate commerce, in exchange for the right to continue the slave trade.
The economic interests of the regions coalesced: New Englanders engaged in the “carrying trade”
would profit from transporting slaves from Africa as well as goods produced in America by slave
labor. The perpetuation of slavery ensured the primary source of wealth in the Southern States.
Despite this clear understanding of the role slavery would play in the new republic, use of the words
“slaves” and “slavery” was carefully avoided in the original document. Political representation in the
lower House of Congress was to be based on the population of “free Persons” in each State, plus
threefifths of all “other Persons.” United States Constitution, Art. 1, 52 (Sept. 17, 1787). Moral
principles against slavery, for those who had them, were compromised, with no explanation of the
conflicting principles for which the American Revolutionary War had ostensibly been fought: the
selfevident truths “that all men are created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Declaration of independence (July 4, 1776).
It was not the first such compromise. Even these ringing phrases from the Declaration of
Independence are filled with irony, for an early draft of what became that Declaration assailed the
King of England for suppressing legislative attempts to end the slave trade and for encouraging slave
rebellions. See Becker, The Declaration of Independence: A Study in the History of Political Ideas 147
(1942). The final draft adopted in 1776 did not contain this criticism. And so again at the
Constitutional Convention eloquent objections to the institution of slavery went unheeded, and its
opponents eventually consented to a document which laid a foundation for the tragic events that
were to follow.
Pennsylvania’s Governor Morris provides an example. He opposed slavery and the counting of slaves
in determining the basis for representation in Congress. At the Convention he objected that
“The inhabitant of Georgia [or] South Carolina who goes to the coast of Africa,
and in defiance of the most sacred laws of humanity tears away his fellow
creatures from their dearest connections and damns them to the most cruel
bondages, shall have more votes in a Government instituted for protection of
the rights of mankind, than the Citizen of Pennsylvania or New Jersey who
views with a laudable horror, so nefarious a Practice.” Farrand, ad., The Records
of the Federal Convention of 1787, vol. 11, 222 (New Haven, Conn., 1911).
And yet Governor Morris eventually accepted the threefifths accommodation. In fact, he wrote the
final draft of the Constitution, the very document the bicentennial will commemorate.
As a result of compromise, the right of the southern States to continue importing slaves was
extended, officially, at least until 1808. We know that it actually lasted a good deal longer, as the
Framers possessed no monopoly on the ability to trade moral principles for selfinterest. But they
nevertheless set an unfortunate example. Slaves could be imported, if the commercial interests of
the North were protected. To make the compromise even more palatable, customs duties would be
imposed at up to ten dollars per slave as a means of raising public revenues. United States
Constitution, Art. 1, 59 (Sept. 17, 1787).
No doubt it will be said, when the unpleasant truth of the history of slavery in America is mentioned
during this bicentennial year, that the Constitution was a product of its times, and embodied a
compromise which, under other circumstances, would not have been made. But the effects of the
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Framers’ compromise have remained for generations. They arose from the contradiction between
guaranteeing liberty and justice to all, and denying both to Negroes.
The original intent of the phrase, “We the People,” was far too clear for any ameliorating
construction. Writing for the Supreme Court in 1857, Chief Justice Taney penned the following
passage in the Dred Scott case, 19 How. (60 U.S.) 393, 405, 407408 (1857). on the issue whether, in
the eyes of the Framers, slaves were “constituent members of the sovereignty,” and were to be
included among “We the People”:
“We think they are not, and that they are not included, and were not intended to be included….
They had for more than a century before been regarded as beings of an inferior order, and
altogether unfit to associate with the white race…; and so far inferior, that they had no rights which
the white man was bound to respect; and that the Negro might justly and lawfully be reduced to
slavery for his benefit…. [A]ccordingly, a Negro of the African race was regarded … as an article of
property, and held, and bought and sold as such…. [N]o one seems to have doubted the correctness
of the prevailing opinion of the time.”
And so, nearly seven decades after the Constitutional Convention, the Supreme Court reaffirmed the
prevailing opinion of the Framers regarding the rights of Negroes in America. It took a bloody
civil war
before the l3th Amendment could be adopted to abolish slavery, though not the consequences
slavery would have for future Americans.
While the Union survived the civil war, the Constitution did not. In its place arose a new, more
promising basis for justice and equality, the 14th Amendment, ensuring protection of the life,
liberty, and property of all persons against deprivations without due process, and guaranteeing
equal protection of the laws. And yet almost another century would pass before any significant
recognition was obtained of the rights of black Americans to share equally even in such basic
opportunities as education, housing, and employment, and to have their votes counted, and
counted equally. In the meantime, blacks joined America’s military to fight its wars and invested
untold hours working in its factories and on its farms, contributing to the development of this
country’s magnificent wealth and waiting to share in its prosperity.
What is striking is the role legal principles have played throughout America’s history in determining
the condition of Negroes. They were enslaved by law, emancipated by law, disenfranchised and
segregated by law; and, finally, they have begun to win equality by law. Along the way, new
constitutional principles have emerged to meet the challenges of a changing society. The progress
has been dramatic, and it will continue.
The men who gathered in Philadelphia in 1787 could not have envisioned these changes. They could
not have imagined, nor would they have accepted, that the document they were drafting would one
day be construed by a Supreme Court to which had been appointed a woman and the descendent of
an African slave. We the People” no longer enslave, but the credit does not belong to the Framers. It
belongs to those who refused to acquiesce in outdated notions of “liberty,” “justice,” and “equality,”
and who strived to better them.
And so we must be careful, when focusing on the events which took place in Philadelphia two
centuries ago, that we not overlook the momentous events which followed, and thereby lose our
proper sense of perspective. Otherwise, the odds are that for many Americans the bicentennial
celebration will be little more than a blind pilgrimage to the shrine of the original document now
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stored in a vault in the National Archives. If we seek, instead, a sensitive understanding of the
Constitution’s inherent defects, and its promising evolution through 200 years of history, the
celebration of the “Miracle at Philadelphia” Bowen, Miracle at Philadelphia: The Story of the
Constitutional Convention May to September 1787 (Boston 1966). will, in my view, be a far more
meaningful and humbling experience. We will see that the true miracle was not the birth of the
Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a
life embodying much good fortune that was not.
Thus, in this bicentennial year, we may not all participate in the festivities with flagwaving fervor.
Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over
much of what was wrong with the original document, and observe the anniversary with hopes not
realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living
document, including the Bill of Rights and the other amendments protecting individual freedoms
and human rights.
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Remarks at the Bicentennial Celebration of the United States
Constitution
September 16, 1987
When George Washington was elected as the first President of the United States, the total
population of the country was nearly 4 million. Today there are over 5 million Federal employees.
Times have changed. But the basic premise of the Constitution hasn’t changed. It’s still our blueprint
for freedom. One of our more able statesmen and constitutional lawyers, Daniel Webster, once
wrote: “We may be tossed upon an ocean where we can see no land nor, perhaps, the Sun or stars.
But there is a chart and a compass for us to study, to consult, and obey. The chart is the
Constitution.”
Two hundred years ago the very notion of free selfgovernment was a new idea. But James Madison,
a man whom many call the Father of the Constitution, urged his fellow citizens not to oppose the
idea simply because it was new. He argued that it was the glory of the American people that they
were not blindly bound to the past but were willing to rely on “their own good sense” and experience
in charting the future. It’s interesting that Madison and others had to defend the Constitution
because it was new. Times have changed. For over 200 years we’ve lived with freedom under law,
and perhaps, we’ve become complacent about it. We should never forget how rare and precious
freedom is.
Active and informed citizens are vital to the effective functioning of our constitutional system. All of
us have an obligation to study the Constitution and participate actively in the system of self
government that it establishes. This is an obligation we owe, not only to ourselves but to our
children and their children. And there is no better time than right now, during the next 4 years of the
bicentennial, to rededicate ourselves to the Constitution and values it contains.
Let us never forget that the signers of the Declaration of Independence acted with “a firm reliance on
the protection of divine providence.” One hundred years ago, on the occasion of the centennial of
the Constitution, another President, Grover Cleveland, accepted the privilege that I have been given
here today: to honor the Constitution. And his words are as true now as they were then. He said:
“When we look down upon 100 years and see the origin of our Constitution, when we contemplate
all its trials and triumphs, when we realize how completely the principles upon which it is based have
met every national need and national peril, how devoutly should we say with Franklin ‘God governs
in the affairs of men.'”
And now, Stephanie, Damien, Brian, Tyese, would you join me and everybody here and everybody
watching and listening throughout the land as we recite the words that we all know by heart: the
Pledge of Allegiance.
Note: The President spoke at 2 p.m. on the steps of the U.S. Capitol. Following his remarks, he recited the Pledge of
Allegiance with Stephanie Petit, winner of the National Spelling Bee; Damien Atkins, District of Columbia honor
student; and Brian Morris and Tyese Wright, Gallaudet University students.
Citation: Ronald Reagan: “Remarks at the Bicentennial Celebration of the United States Constitution ,” September 16, 1987. Online by Gerhard
Peters and John T. Woolley, The American Presidency Project. http://www.presidency.ucsb.edu/ws/?pid=34800.
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Ronald Reagan
1987: Book II
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Our Experience
No matter how complex your assignment is, we can find the right professional for your specific task. Achiever Papers is an essay writing company that hires only the smartest minds to help you with your projects. Our expertise allows us to provide students with high-quality academic writing, editing & proofreading services.
Free Features
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First, you will need to complete an order form. It's not difficult but, if anything is unclear, you may always chat with us so that we can guide you through it. On the order form, you will need to include some basic information concerning your order: subject, topic, number of pages, etc. We also encourage our clients to upload any relevant information or sources that will help.
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Once we have all the information and instructions that we need, we select the most suitable writer for your assignment. While everything seems to be clear, the writer, who has complete knowledge of the subject, may need clarification from you. It is at that point that you would receive a call or email from us.
Writer’s assignment
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