Relax; republic remains strong after 239 years
Predictably, the recent landmark U.S. Supreme Court rulings upholding same-sex marriages and federal Affordable Care Act insurance subsidies sparked lamentations about the United States going to hell in a hand basket and that the federal government has intruded too far into the states’ rights.
These kinds of predictions and complaints have been around ever since the 13 colonies declared their independence from Great Britain 239 years ago, and they will continue for another 239 years because a democracy allows free expression of thought, complaint and ideology.
So as the republic celebrates another birthday today, we urge people to chill out. Enjoy the fireworks, barbecue and liquid refreshments because the republic is still strong and the envy of much of the world.
As usual in landmark high court decisions, the ruling on same-sex marriage in Obergefell vs. Hodges and the ACA ruling in King vs. Burwell also sparked the oft-trotted-out debate about what the Founding Fathers intended when they drew up the Constitution.
The first 10 amendments of the document, the Bill of Rights, include the First Amendment, which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Subsequent amendments passed by Congress and ratified by the states included the 13th Amendment that abolished slavery and the 14th Amendment that guarantees all U.S. citizens due process and equal protection under the law.
It has been argued, rightly, that while the Founding Fathers created a Constitution that guaranteed the foundation of a strong republic and democracy, it was written in the context of the world of 1787.
These men never contemplated the possibility of same-sex marriage, suffrage rights for AfricanAmericans and women, abortion rights, challenges to the constitutionality of the death penalty, legal challenges to how that penalty is administered and federal government-sponsored health care plans.
They could not have envisioned heated debates about gun rights, and what constitutes an illegal search or arrest, including whether police can search a suspect’s cellphone.
The founders, however, were smart enough to create three branches of government — executive, legislative and judicial — as a balance of power.
The federal courts have the unenviable job of having to interpret how constitutional rights and federal and state legislation apply in a changing America.
While we can vigorously disagree with the court’s rulings, we remain strong as a nation because most of us respect the court’s power to do so.
People calling for the impeachment of Supreme Court justices or making them stand for retention elections need to catch a breath.
The Founding Fathers wanted an independent judiciary as a balance to possible extremes by the Congress or the president.
That check and balance, while controversial, has worked so far. There is no reason to believe it will not continue to do so.
So enjoy celebrating the nation’s 239th birthday. Yes, the republic has its problems and issues.
Yet, compared to the rest of the world, it is doing just fine.