We might as well require a man to wear still the coat which
fitted him when a boy, as civilised society to remain ever
under the regimen of their barbarous ancestors.
~Thomas Jefferson, 1816
It is patriotic to revisit, reconsider, and revise the Constitution.
Anyone who says otherwise or suggests that the Constitution is “too sacred to be touched” needs to re-read what the Framers had to say on this issue.
This is why I am starting with this quote from Thomas Jefferson.
In fact, there are so many quotes I could have started with to illustrate the Framers consensus on this issue, that I had trouble choosing.
I settled on this one because it reflects three points that almost all of the Framers agreed on.
First, the Constitution that emerged from the Convention was imperfect, but should be ratified.
Second, the Constitution should not be changed for ‘light and transient causes’
Finally, over time, the Supreme Law of the land will need to be revised and perfected, this is the job of future generations.
Let me underscores these points using the words of the Framers themselves.
THOMAS JEFFERSON
The Jefferson quote comes from a letter he wrote in 1816 in which he said the following
Some men look at constitutions with sanctimonious reverence, and deem them like the arc of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment.
In short, the Constitution that emerged from the Convention and the men who wrote it were far from perfect.
He then went on to say
I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with... But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times.
In short, he argued future generations should proceed cautiously with amendments and changes, but he understood sometimes given the passage of time and human advancements they may be necessary.
He finished by calling the idea that future generations would live under a regime constituted by their Founders “preposterous.”
ALEXANDER HAMILTON
Hamilton conceived of the Federalist Papers, the famous essays three of our Founders (Hamilton, James Madison and John Jay) wrote to convince New Yorkers to ratify the Constitution.
The essays were his brainchild, he wrote the majority of the text, and oversaw its printing.
In the final essay Hamilton implored New Yorkers to ratify the Constitution despite its obvious and inherent imperfections.
I never expect to see a perfect work from imperfect man.
The result of the deliberations of all collective bodies must
necessarily be a compound, as well of the errors and prejudices.
In short, he too acknowledged the imperfections and despite that, pushed for ratification arguing that once the document was adopted it could be amended.
GEORGE WASHINGTON
Shortly after the Convention, George Washington wrote a letter in which he spoke openly about the deficiencies in the document:
The warmest friends to and the best supporters of the
Constitution, do not contend that it is free from imperfections;
but these were not to be avoided, and they are convinced if
evils are likely to flow from them, that the remedy must come
thereafter.
JAMES MADISON
Similarly, the man commonly known as the Father of the Constitution (although that is more than a bit of an overstatement) James Madison said the following in a letter he wrote shortly after the Convention:
I am not of the number if there be any such,
who think the Constitution,
lately adopted, a faultless work.
GOUVERNEUR MORRIS
Finally, I am going to end with a lesser-known Founder, Gouverneur Morris. Known as the penman of the Constitution, he wrote the seven most famous words in American history – the preamble to the Constitution “We the people of the United States.”
He was present at almost every day of the Convention and one of its most active members. He also said the following about the Constitution in a letter he wrote in 1815, shortly before he died.
Nothing human can be perfect. Surrounded by difficulties,
we did the best we could; leaving it with those who
should come after us to take counsel from experience,
and exercise prudently the power of amendment.
There is no question the original document was flawed. Paramount among the defects was that it sanctioned the sin of slavery.
When the idea of revisiting and revising the document is raised, it is often followed by charges that those engaged in this type of ‘reform talk’ are unpatriotic.
Nothing could be further from the truth.
To a one, the Framers:
understood the Constitution as written was imperfect (nothing human is), but they felt it should be ratified it despite its imperfections
were not in favor of frequent changes to the document and argued it should only be reformed after careful thought and long consideration
left it to future generations to reform and revise the Constitution
As Jefferson said, it would be “preposterous” to suggest that anyone should live under rules set by their ancestors; almost as preposterous as a man being forced to wear the coat he wore as a boy.
_____
Notes:
Thomas Jefferson, Letter, 1816
Alexander Hamilton, AKA Publius, Federalist #85
George Washington, Letter 1789
James Madison, Letter 1788
Gouverneur Morris, Letter, 1815
