The Meaning of Constitutional Government
Two centuries ago, fifty-five men met at Philadelphia to draw
up a constitution for the United States of America. The thirteen States
that once had been British colonies urgently needed a more reliable general government, a better common defense against foreign powers, a
sounder currency, and other advantages that might be gained through
establishing ‘‘a more perfect union’’ founded on a solemn agreement, or
fundamental law, called a constitution.
Today, the fundamental law of the United States of America still is that
Constitution of 1787, a written document which is respected and obeyed
almost as if it were a living thing. This book examines that Constitution,
inquiring how it was developed, what its provisions mean, why it has
functioned so well, and how it affects everybody’s life in America today.
What do we mean by this word constitution? As a term of politics, constitution signifies a system of fundamental principles—a body of basic
laws—for governing a state or country. A constitution is a design for a permanent political order.
A constitution does its work through what is known as the rule of law:
that is, people respect and obey laws, rather than follow their own whims
or yield to the force of somebody else. Every country develops a constitution of some sort, because without a regular pattern of basic law, a people could not live together in peace. Lacking a tolerable constitution, they
never would know personal safety, or protection of their property, or any
reasonable freedom. Even savage tribes may be said to be governed by
‘‘constitutional’’ customs of a simple nature.
The most widely admired of all constitutions is the United States Constitution. It was written in 1787 and took effect in 1789. It was, and is,
rooted in the experience and the thought of many generations of people.
This is a major reason why the American Constitution still flourishes in
our day. Like some great tree, the Constitution of the United States is anchored and nurtured by roots that run deep into the soil of human experience. Those constitutional roots are the political institutions, the laws,
the social customs, and the political and moral beliefs of earlier ages and
other lands.
Nowadays we tend to think of a constitution as a written document,