223 years and counting

On September 17th in 1787, the Constitution of the United States of America was formally adopted by the Constitutional Convention. The individual states then ratified it. Delaware was first on December 7, 1787.  Rhode Island was last on May 29, 1790. The Constitution is easily one of the most important documents in the history of the world.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

I would love to have a transcript of Elder Oaks’ speech at the Constitution Day Celebration in Salt Lake City, Utah, tonight. The highlights in this article about it are quite good. Elder Dallin H. Oaks: Constitution’s freedoms and principles must be protected.

The courts must limit themselves to interpreting the Constitution and the laws and not stray into the legislative function of law-making. In contrast, we are all aware that in our day the actions of courts on major issues of public policy receive great attention in the media and are frequently represented and understood as the actions of those who make laws rather than those who merely interpret them.

… this reveals a widespread feeling that the courts are revising the moral and cultural life of the nation by making policy determinations that should be made by lawmakers in the elected branches.

… In my opinion, the judicial lawmaking that has been legitimately criticized as judicial activism concerns the interpretation of state and federal constitutions. This kind of judicial action is not reversible by the popularly elected lawmakers and cannot be changed by the sovereign people, except in those unusual circumstances in which a constitutional amendment is feasible. If such judicial action sets aside laws enacted or approved by a direct vote of the people, it offends two fundamentals: separation of powers and popular sovereignty.

This is a country of people. Not of states or governments or judges. But of people.