Sunday, April 10, 2016

The Constitution - Articles V, VI, and VII

The next and final three articles are all pretty short, and can easily be treated together.

This is where we get into the housekeeping issues. Articles I, II, and III laid out the branches of government pretty smoothly, and Article IV reminded us of how the states fit in together, but is that enough to keep the union going, and if not how do we adjust for that?

Article V - The process for amending the Constitution is set forth, with how to start the process and how much support is needed, with the caveat that these new amendments cannot disenfranchise any state. (There was also a time limit put on for certain tax issues from Article I, that they could not be changed before 1808.)

Article VI - This article starts off saying that any debts accrued by the country before the Constitution were still valid. On the surface this looks simple, as a confirmation that this new Constitution is a strengthening continuation, not a disruption. The nation's word and bond are good.

It seems odd, then, that right after that we read that the Constitution shall be "the supreme Law of the Land". Other laws and treaties are made in accordance with it, and judges are bound by it. It feels like that has already been implied, or that maybe this clause should have come earlier.

I like to think of it as a part of coming to the conclusion. We have worked on this. We believe it is good, and solid, even though we know we have limitations, which is why we just had an article about amending it. Still, this will take precedence. This is that guide that will help us weigh things correctly. Placed where it is, the Supremacy Clause appears to me as a vote of confidence it what had been accomplished.

As part of that, elected representatives will be bound by an oath of affirmation to the Constitution, but it also states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

Back when I first read the Constitution as part of history class (so 1989) I remember seeing that the Constitution did not really go over American values. Those come in the Bill of Rights, and that the first ten amendments came in that form, coming out with the Constitution, shows that the framers felt including these values were important. Nonetheless, the articles themselves are very focused on the nuts and bolts of governance.

We get freedom of religion in the First Amendment, so we know it's important there, but also here we have it. It's not just that citizens can have their religious freedom, but that a religious test will never be required for serving in government. That was important, and it needed to be clear.

Article VII - This sets forth the process for ratifying the Constitution. It was a one-time need, and probably by the time most people could read it, the ratification was already past, but it confirms that the care that went into the process, and that the support of the majority would be required.

These could easily be viewed as the most boring of the Articles - though VI has come up in a few cases - but together they show the conscientiousness and the care that went into making the document.

The United States was still a very young country, and they had already learned from mistakes. In previous posts we have covered the mistakes that they were still making, but there were also things that were being done well, and these can be admired.

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