On September 17th, we celebrate Constitution Day, marking 235 years since the signing of this foundational document. While some celebrate, others use this day to critique the Constitution, claiming it limits democracy or hinders the implementation of progressive policies. This criticism has even reached the pages of The New York Times, suggesting the document is outdated and dangerous.
However, this criticism fails to grasp the essence of the Constitution. It is a document rooted in universal and timeless principles like equality before the law, due process, civil rights, and limited government powers. These are not controversial concepts; they are the bedrock of a just society.
The truth is, some of the worst injustices in American history occurred when the government strayed from the Constitution’s original meaning. Cases like Plessy v. Ferguson, Korematsu v. United States, and Buck v. Bell stand as stark reminders of the dangers of disregarding the Constitution’s principles.
Plessy v. Ferguson, a case that upheld racial segregation, is infamous for its “separate but equal” doctrine. This flawed ruling contradicted the Equal Protection Clause of the Fourteenth Amendment, showcasing how deviating from the Constitution’s intent can lead to profound injustices. It took 58 years and the tireless efforts of civil rights heroes like Thurgood Marshall to overturn Plessy in Brown v. Board of Education, finally recognizing the inherent inequality of segregation.
Korematsu v. United States, another egregious case, saw the internment of over 120,000 people of Japanese descent during World War II. The Supreme Court justified this action as a “military necessity,” overlooking the violation of civil liberties and the injustice inflicted upon innocent citizens. This decision was eventually rectified in 2018 when Chief Justice Roberts acknowledged the court’s grave error.
Buck v. Bell, though less well-known, is equally disturbing. This case saw the forced sterilization of Carrie Buck, deemed “feeble-minded” by a physician, based on the assumption that her mental state was hereditary. The Supreme Court upheld this practice, disregarding the individual rights and due process guaranteed by the Constitution. Though never overturned, the force of this decision has been weakened by subsequent cases.
The Constitution’s critics often argue that it limits democracy, pointing to its counter-majoritarian nature, which can prevent the implementation of policies supported by a majority. They also argue that it hinders race-conscious legislation, even those meant to be beneficial or necessary for national security. However, history demonstrates that the Constitution’s protections for individual rights and its opposition to race-conscious lawmaking are essential safeguards against tyranny and discrimination.
While the Constitution may face criticism and its popularity may fluctuate, its meaning and significance remain unwavering. It is a testament to the enduring principles of liberty and justice that have shaped America. On Constitution Day, let us reaffirm our commitment to this timeless document and the fundamental rights it safeguards. We should remember that when the government attempts to violate individual rights, the Constitution will stand as a bulwark against injustice, whether we celebrate it or not.
