Volume 2, Episode 1
WHY THE CONSTITUTION
IS ESSENTIAL
by Troy L. Kickler, Ph.D
North Carolina History Project
“Hold on to the Constitution of the United States of America and the republic for which it stands. What has happened once in six
thousand years may never happen again. Hold on to your Constitution, for if the American Constitution shall fail there will be
anarchy throughout the world.”—Daniel Webster1
Football, baseball, basketball . . . in any sport, there are rules. Players and
avoidance reveals their genius: a limited constitutional government was
coaches are quick to complain to an official if they believe the rules are
needed to achieve what was mentioned in the Preamble. It is essential
not being enforced. Even simple board games and card games have rules.
that Americans understand the importance of the Constitution, what
In a moment of confusion or when one player believes another is gaining
influenced its framers and ratifiers, and why the document should not be
an unfair advantage, the rules are consulted; players become students of
ignored but should be defended and consulted in political debates.
the laws of the game.
The U.S. Constitution in many ways is a rulebook. To understand the
CONSTITUTIONS AND THE U.S. CONSTITUTION
American “game of politics,” as constitutional scholar James McClellan
The United States is not the only country with a constitution. Among
writes in Liberty, Order, and Justice, one must “become familiar with the
written national constitutions, however, the U.S. Constitution is the
constitutional framework that shapes and controls the political process.”2
oldest one still in effect. Although parts of the original meaning of the
The Constitution provides the rules of the game, so to speak, for Ameri-
U.S. Constitution have been obscured or twisted, the document has not
can politics and government. Consider the Preamble of the Constitution:
been scrapped and replaced like so many other national constitutions.
What exactly is a constitution and what is its purpose? McClellan
We the people of the United States, in Order to form a more perfect
writes that in a national context, a constitution can be defined as a
Union, establish Justice, insure domestic Tranquility, provide for the
“system of fundamental principles for governing a state or country.”
common defense, promote the general Welfare, and secure the Blessings
Organizations and churches often have constitutions, too. In all cases,
of Liberty to ourselves and our Posterity, do ordain and establish this
they are rules that people adopt and follow to provide order and to
Constitution for the United States of America.
defend against intimidation, force, or abuse. A constitution can be
written, such as the U.S. Constitution, the Wyoming Constitution, or
The Preamble is not law or a declaration of rights. It describes the
the constitution of an organization or a denominational church. There
Constitution’s purpose—the reasons for the rules that follow. And
are also unwritten constitutions.
the rules—the Constitution—provide a system of political order,
The concept of an unwritten constitution is more difficult for Ameri-
decentralized in nature, so that Americans can experience justice,
cans to understand; Americans are most familiar with their national and
order and liberty. 2
state constitutions, which are all written. An unwritten constitution can
Did the framers and ratifiers create a system of rules that lives up to
be habits, charters, or procedures—to name three examples—that have
such lofty goals?3 It is important to remember what they did not promise.
emerged in a society over centuries. These traditions are referred to when
They were not promising or attempting to create a utopian society. This
new legislation is considered or when fundamental disputes arise.
1
what ancient Greek philosopher Aristotle called the “rule of men.” That
is to say, all are equals under the law in the sense that the law is applied
equally to all. No one is above it.
People choose to live under constitutions and the rule of law because
they realize that societal chaos might occur without such a framework.
Constitutions generally provide predictability about how government
will operate and what it can and cannot do.
The U.S. Constitution is one national constitution among many.
Columbia has one. Djibouti has a constitution. So do Laos, Somalia,
the Republic of Korea, Portugal and Venezuela. All have preambles, too.
The Somali constitution refers to the “Rule of Law” in its Preamble. The
The British Constitution is an unwritten constitution, but the U.S.
Venezuelan preamble tells readers that the constitution is to help provide
Constitution is the first national constitution to be written down.
for “social justice,” and “to ensure stability, freedom, peace, and stabil-
Modern nations have subsequently followed the American example,
ity of its institutions.” Before the list of specific goals in subsection 1.8,
so many today assume that a constitution must be a written document.
the Somali preamble declares: “We, the Citizens of our new Republic of
In 1878, British Prime Minister William E. Gladstone compared the
Somalia, hereby declare our commitment to the following guiding prin-
British and American constitutions: “As the British Constitution is the
ciples for our Republic of Somalia.” The Laotian preamble includes the
most subtle organism which has proceeded from the womb and the long
following: “It [the constitution] defines the political regime, the socio-
gestation of progressive history, so the American Constitution is, so far
economic system, the fundamental rights and duties of citizens and the
as I can see, the most wonderful work ever struck off by the brain and
system of organization of the state’s apparatus in this new period. This is
purpose of man.”
the first time in the history of our nation that the people’s right to mastery is defined in the fundamental law of the nation.” [emphasis added]
THE RULE OF LAW,
Although countries have different types of governments and some
THE U.S. CONSTITUTION AND OTHER NATIONAL CONSTITUTIONS
preambles offer different goals than those of other countries, there are
Constitutions foster the “rule of law.” So, what is the “rule of law”? It
some similarities. Each constitution claims the support of the people.
is when men follow the law rather than thinking of themselves as the
Each claims to be the highest, supreme or fundamental law of the
law. Constitutions provide a framework for government to help prevent
respective country and establishes a rule of law.
2
LIBERTY, ORDER AND JUSTICE
because he or she feels like it.
Today most national constitutions are intended to provide for the rule of
Order is a prerequisite for justice. The rule of law is needed for liberty
law and are set down in writing. Most also make reference in some way
(freedom) to exist. In Kirk’s words, justice is essential for a decent soci-
to the concepts of liberty, order and justice. Again, the U.S. Constitution
ety and means that a person’s life, property and other “proven rights” are
has become the model for most of the world.
protected. In other words, according to McClellan, it secures to people
Russell Kirk, one of the fathers of modern-day conservatism, argued
things that rightfully belong to them and ensures that people receive
that there are “three cardinal ideas to American civilization”: justice, or-
what they have earned—whether positive or negative. It must be said
der and freedom. Others have made similar arguments. James McClellan
here that justice means that all have opportunity and are equal before the
has written that “liberty, order, and justice are the primary objectives of
law. To ensure equal results, by contrast, necessitates coercion and chips
the American political system.”
away at liberties and turns justice on its head.
So what makes the U.S. Constitution different from other national
constitutions? To understand the difference, we must ask ourselves: What
did the framers and ratifiers mean by liberty, order and justice? When
considering these concepts, readers should remember that, in many
ways, all three are interwoven.
“...there are ‘three cardinal ideas to American
civilization’: justice, order and freedom.”
Liberty (freedom), writes McClellan, is the “absence of coercion or
the ability of one to think and believe and live out his or her life without
being subjected to another’s ideas.” Freedom also requires responsibility:
individuals must consider the freedom of others, for people cannot do
THE U.S. CONSTITUTION AND ITS ANCIENT ANTECEDENTS
whatever they will without regard to others.
The U.S. Constitution has deep roots in history; the framers and ratifiers
Order is the effort among people in a society to live in peace and
considered the lessons and mistakes of the past when drafting and ap-
harmony. Freedom must be somewhat ordered because people have both
proving the document. They remembered the experiences of the Ameri-
rights and duties. This is necessary for liberty to exist. An obvious exam-
can Revolution and were familiar with English law and tradition. They
ple is a good one: an individual cannot punch another in the face simply
also knew ancient Greek and Roman history.
3
The American Founders studied ancient Greek thinkers like Aristotle,
The History of the Decline and Fall of the Roman Empire (published in
Plato, Thucydides and Plutarch. They knew of the weaknesses of the con-
London in six volumes from 1776 to 1788 and considered a ground-
stitutions and federations in ancient Greece. Tyranny returned, in some
breaking work of historical analysis). The Americans revived the concept
cases only 30 years after a constitution’s drafting. The American Founders
of the republic—the idea of rule by the people through representatives. In
often discussed the various forms of government in ancient Greece—mo-
a vast land, the people would have to rule indirectly and through elected
narchical, aristocratic and democratic—and they studied various Greek
representatives. A republic was possible, the framers reasoned, if history’s
ideas regarding concepts such as the meaning and purpose of govern-
mistakes were avoided and Americans prized political virtue. That virtue
ment. They shied away from the direct form of democracy found in some
included the desires to be a genuine public servant and to avoid a lust for
of the ancient Greek city-states. Direct democracy had proven to be too
power.4 The Founders were also interested in the concept of checks and
dangerous even in small cities, and the American Founders considered
balances found in the unwritten constitution of the Roman Republic.
it too impractical for a vast country such as the United States. In short,
when drafting the U.S. Constitution, the framers wished to prevent the
THE U.S. CONSTITUTION AND ITS BRITISH ANTECEDENTS
same mistakes from reoccurring in the United States.
Ancient influences were important, but one must remember the primary
reasons the American Founders feared despotism, championed liberty
“American Founders drew three primary lessons from
the Roman experience: the importance of republicanism,
virtue and checks and balances.”
and desired a limited government. The memories of British abuses of
power leading up to and during the Revolution were still fresh in the
American mind, and a love of liberty lived in the American heart.
The Americans were also familiar with ancient Roman history. It had
In the 1700s, British parliamentary action affronted American colo-
a more constructive influence on the Constitution’s drafting. The word
nists. Americans judged British actions according to British standards of
constitution, for instance, comes from the Latin constitutio. Many
law and justice, and many Englishmen and some in Parliament agreed
American political terms have Latin origins, including president, federal-
with the Americans. The great statesman and parliamentarian Edmund
ism and Senate. When debating whether to ratify the U.S. Constitution,
Burke described American colonists as “descendents of Englishmen,”
American Federalists and Antifederalists often used Latin pseudonyms
who were devoted to “liberty according to English ideas, and on English
such as Publius, Publicola, Marcus and Cato.
principles.” In Burke’s “Speech on Conciliation with the Colonies” (1775),
American Founders learned three primary lessons from Roman
he explained the American position by recalling English history. “The
history: the importance of republicanism, virtue, and checks and
greatest contests of freedom in this country were from the earliest times
balances. Some likely consulted the first volumes of Edward Gibbon’s
chiefly upon the question of taxing.” Americans were part of this
4
tradition—a long-standing recognition that the authority to tax is a
so general a study. The profession itself is numerous and powerful . . . all
threat to freedom. Burke went on: “Their [American] love of liberty, as
who do read, and most do read, endeavor to obtain some smattering in
with you [English], fixed and attached on this specific point of taxing.
that science.”
Liberty might be safe, or might be endangered, in twenty other par-
Through their studies, Americans found further support for their
ticulars, without their being much pleased or alarmed. Here they felt
position in the long traditions of English common law. English common
its pulse; and as they found that beat, they thought themselves sick or
law was “judge-made” law that had accumulated over hundreds of years.
sound.”
According to constitutional scholars, “common sense, habit and custom”
through centuries of decisions in English courts influenced two signifi-
“The memories of British abuses of power
leading up to and during the Revolution were
still fresh in the American mind, and a love of
liberty lived in the American heart.”
cant areas of the law: property and contract.
Common law was not entirely the rule, or thinking, of one judge.
One common law right was the right to a trial by jury. Many American
colonists invoked this right when protesting the Stamp Act (1765). A
What Americans call the French and Indian War (1756–63) was actu-
trial by jury was deemed to be an essential part of preserving liberty and
ally part of a world war between Great Britain and France. Although
property. Americans deemed the Stamp Act unconstitutional. Why? They
Britain won, it accumulated massive government debt. The British Parlia-
believed it to be a form of taxation without representation.
ment determined to raise more revenues from the American colonies in
Many American framers and ratifiers, including James Iredell of North
the form of tax legislation such as the Sugar Act, Stamp Act and Tea Act,
Carolina and John Dickinson of Pennsylvania, had studied Sir Edward
to pay the Empire’s debt. Americans refused and objected to taxes levied
Coke’s Institutes of the Laws of England and his Reports. Coke
by a body they had not elected. Americans claimed to possess the same
(pronounced Cook) had written the most widely accepted commentaries
rights as all other Englishmen, and they hearkened back to what they
on common law tradition. As a 23-year-old lawyer, Iredell, later one of
considered to be an unrivaled, unwritten British constitution,
the first Justices on the U.S. Supreme Court, wrote a legal pamphlet con-
Many of the most educated Americans colonists were students of the
demning parliamentary legislation and taxation without representation.
law. A look at any of the states’ declarations of rights, the Declaration of
The American Revolution was more than a tax revolt. Americans
Independence, and state constitutions written in 1776 reveals a sophisti-
were upset with increased taxation, and as Burke points out, taxes were
cated, understanding of the law. The state declarations and the Declara-
a useful barometer to indicate the rising pressure of government against
tion of Independence read like legal documents, with specific complaints.
American liberties. However, the taxation issue was but one vehicle to ex-
To quote Edmund Burke again: “In no country [as America] is the law
press dissatisfaction with a Parliament overstepping its authority. As the
5
state declarations and the Declaration of Independence reveal, Americans had numerous claims against the king and Parliament that extended
beyond economic concerns. Americans asked fundamental questions
concerning the consent of the governed and the extent to which a government can justly exercise power. They believed, as the Virginia Declaration of Rights (1776) claims, “All power is vested in, and consequently
derived from, the people.”
WHY WRITE A CONSTITUTION?
Throughout the mid-1700s, Americans referred unsuccessfully to the
unwritten English constitution, English common law, and their rights
as Englishmen to prevent further tyranny in the colonies. This is why
general government.”
Constitutional Convention delegates in 1787 decided to draft a written
constitution. This is also why the people of the states eventually ratified
HOW THE U.S. CONSTITUTION PREVENTS
a written constitution, with the assurance that a Bill of Rights would be
DESPOTISM AND ABUSE OF POWER
added to it.
In the United States, the Constitution is the supreme law of the land.
At the 1788 Hillsborough Convention, Samuel Johnston of Edenton,
There are seven articles to the Constitution and twenty-seven amend-
North Carolina, remarked, “A parallel has been drawn between the
ments. The first ten amendments are the Bill of Rights. Many state rati-
British Parliament and Congress. The powers of Congress are all
fication convention delegates and the people they represented wanted to
circumscribed, defined, and clearly laid down. So far as they may go,
ensure there was a Bill of Rights added to the Constitution.
but no further. But, sir, what are the powers of the British Parliament?
The Constitution’s structure is purposeful. The first three articles estab-
They have no written constitution in Britain. . . . The power of Parlia-
lish the organization of each branch and the interactions among them. It
ment is unbounded.” Richard Dobbs Spaight, another North Carolinian,
is no coincidence that Article I describes the legislative branch, Article
declared at the Hillsborough Convention, “The powers of Congress are
II establishes the executive branch, and Article III explains the functions
limited and enumerated. We say we have given them those powers, but
of the judicial branch. The framers and ratifiers believed that the legisla-
we do not say we have given them more. We [North Carolina or gener-
tive branch—Congress, the voice of the people—should have more power
ally, the States] retain those rights which we have not given away to the
than the other two branches and that the judicial branch should be the
6
weakest. The last four articles deal with the relationship between the
II, Section 1); and protection of the tenure and salaries of federal judges
general government and the state governments and how the Constitution
from Congress (Article III, Section 1).
was to be ratified and could be amended.
Another example of the checks and balances is the nomination process
Within the articles, several sections were included to limit governmen-
of justices and ambassadors. Article II, Section 2 reveals the framers’ fear
tal power. The framers attempted to bind leaders to the Constitution and
of a congressional despotism and helped avoid the possibility of legisla-
avoid a single location of power. The president, for instance, has a term
tive machinations for temporary appointments. The executive branch
of only four years, and can be impeached and removed from office. To
nominates a candidate, but it is the legislative branch, in particular the
this day, even though the Constitution has been interpreted in ways that
Senate, that approves the nomination. If the nominee is rejected, the
have increased centralization, there has not been a dictator in the United
executive branch appoints another candidate and the process reboots.
States of America.
As James Iredell reminded delegates at his state’s ratification convention,
The framers put a system of checks and balances in the Constitution
“The President proposes such a man for such an office. The Senate has to
that limits the power of the judicial, legislative and executive branches.
consider upon it. If they think him improper, the President must nomi-
No one branch can govern alone. Each one can check the power of the
nate another, whose appointment ultimately again depends upon the
others. The framers wanted overlap in the three branches’ functions. Here
Senate.” Article II, Section 2 ensures that Americans know who is respon-
are examples of some checks. The president can veto congressional acts
sible for nominating appointments described within the provision.5
(Article 1, Section 7). However, Congress can override a presidential veto
This independence is part of another way the Constitution limits gov-
if they assemble a two-thirds majority (Article 1, Section 7). Even though
ernment, known as the separation of powers. The federal nature of the
the Supreme Court has to review to constitutionality of executive branch
U.S. Constitution provides an often overlooked check on power: separa-
actions. (Article III), Congress has the power to impeach and remove
tion. Power is divided between the national and various state govern-
judges and federal officers on constitutional grounds (Article 1, Section
ments. These national and state governments can exist simultaneously,
3; Article II, Section 4; Article III, Section 1).
each with its own sphere of power. Some call this “dual sovereignty.” This
The framers also made each branch independent enough that govern-
is in addition to the checks and separation of powers between the three
ment could function even as the branches, political factions and indi-
national branches—executive, legislative and judicial.6
vidual politicians struggled for power. Examples of this independence
Article I, Sections 8, 9 and 10, sketch out the basic design that is
include Congress’s sole power to punish its members for disorderly
American federalism. The first two sections assign and then deny pow-
behavior or to expel its members (Article 1, Section 5); election of the
ers to the general, or national, government. Section 10 denies states some
president by electors selected by the states for that purpose alone (Article
powers or requires them to obtain congressional consent before acting in
7
particular areas. Everything not mentioned was understood to be left to
Edwin Meese argues that America’s future depends on our faithfulness to
the state to decide. This was emphasized further with the addition of the
our fundamental law:
Tenth Amendment in the Bill of Rights: “The powers not delegated to the
United States by the Constitution, nor prohibited by it to the States, are
The Constitution—the original document of 1787 plus its amend-
reserved to the States respectively, or to the people.”
ments—is and must be understood to be the standard against which
Similar to their concern that checks and balances—independence,
all laws, policies, and interpretations should be measured. It is our
yet cooperation among the three branches of the federal government—
fundamental law because it represents the settled and deliberate will
needed to exist, the framers knew a relationship between the “general
of the people against which the actions of government officials must be
government” and the state governments should exist for the nation, as
squared. In the end, the continued success and viability of our democrat-
envisioned by the framers and ratifiers, to survive. Article IV explains
ic Republic depends on our fidelity to, and the faithful exposition and
the nature of that affiliation. Let me provide two examples. Article IV
interpretation of, this Constitution, our great charter of liberty.
requires the United States to guarantee a republican form of government,
Some do not agree, however, and have erroneously interpreted the
“The Constitution’s structure is purposeful.”
Constitution as an evolving document that gives ever more expansive
to protect states from enemy invasion and, if requested, to help put down
powers to government. They reject the view of the American Founders,
in-state, domestic violence. The states are required to participate in the
framers and ratifiers, and of many Americans today, that the Constitu-
presidential election and states are “obliged,” writes James McClellan, “to
tion exists to limit government powers and thereby protect individual
hold elections for Senators and Representatives” (Article II, Section 1;
liberty. These differing interpretations are at the heart of most of the
Article I, Section 4).
disagreements in American politics today.
Due to all of its interrelated parts and system of checks and balances
Many Americans are turning to centralization—that is, they are asking
and separation of powers, Sir Henry Maine, a British legal theorist and
government, often at the highest levels—to solve their problems. With
historian who pioneered the craft of comparative law, considered the
technology, urbanization and modernization, the world is full of complex
U.S. Constitution one of the greatest, if not the greatest, political achieve-
problems, but many Americans still believe as the framers and ratifiers
ments of modern times.
did: complex problems are best solved at the local levels where the citizenry can exhibit republican virtue.
WHY IS THE CONSTITUTION IMPORTANT FOR AMERICANS TODAY?
The American Founders understood that when people look to govern-
In The Heritage Guide to the Constitution, former U.S. Attorney General
ment to solve all their problems, despotism follows. It might not be the
8
heavy-handed despotism of ancient rulers, but creating a parental type
tional power.” American liberty, then, rests with “We the People” and our
of government will always require the people to sacrifice liberties. The
desire to understand and defend the Constitution.
Founders also feared that such a powerful government would only
END
serve special interests. The American Founders wanted liberty, justice
and order for every American, but believed the best way to achieve
this was through decentralization and a system of complex checks and
balances among the three branches and between the federal and state
governments.7
The Constitution, when its plain meaning is applied, is America’s most
important tool to prevent the arbitrary and abusive rule of men and to
maintain the rule of law and the limits on government power. When
correctly applied and enforced, the Constitution, and the people’s understanding of the Constitution, protects liberty.
The Declaration of Independence laid groundwork principles the
framers followed: “Governments are instituted among men, deriving
their just powers from the consent of the governed.” The Constitution
was approved by the people at their respective state ratification conventions and therefore is a product of the people of their respective states.
The ratification process gave the Constitution its authority.
To preserve, indeed to revive our Constitution and thereby protect
liberty, order and justice for all, requires an understanding of what the
Constitution says, what it means, and what it was intended to achieve.
Thomas Jefferson wrote in 1820, “I know no safe depository of the ultimate powers of the society but the people themselves; and if we think
them not enlightened enough to exercise their control with wholesome
discretion, the remedy is not to take it from them, but to inform their
discretion by education. This is the true corrective of abuses of constitu9
Bibliography:
Meese, Edwin III, David Forte, and Matthew Spalding, ed. 2005.
Gutzman, Kevin. 2007. The Politically Incorrect Guide to the Constitution.
The Heritage Guide to the Constitution. Washington, DC: Heritage
Washington, DC: Regnery Publishing.
Foundation.
Hershkoff, Helen. 2011 “Just Words”: Common Law and the Enforce-
Nash, George H. 2006. The Conservative Intellectual Movement in
ment of State Constitutional Social and Economic Rights. Stanford Law
America. Wilmington, DE: ISI Books, reprint.
Review 62: 1521–82.
Spalding, Matthew. 2010. We Still Hold These Truths: Rediscovering Our
Jensen, Merrill, et al., ed. 1993. The Documentary History of Ratification
Principles, Reclaiming Our Future. Washington, DC: Heritage Foundation.
of the Constitution. Madison, WI: Wisconsin Historical Society Press.
Kirk, Russell. 2002. The American Cause. Wilmington, DE: ISI Books.
Kurland, Philip B., and Ralph Lerner, ed. 1987. The Founders’
Constitution. Vol. I. Indianapolis: Liberty Fund.
McClanahan, Brion. 2012. The Founding Fathers Guide to the
Constitution. Washington, DC: Regnery Publishing.
McClellan, James. 2000. Liberty, Order, and Justice: An Introduction to
the Constitutional Principles of American Government. Indianapolis:
Liberty Fund.
Maier, Pauline. Ratification: The People Debate the Constitution,
1787–1789. New York: Simon & Schuster.
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Citations:
1
New York Times Book Review, 1965, Arno Press, p. 65
6
The author previously stated this idea in an essay explaining Federalist
67 at Constituting America http://www.constitutingamerica.org/blog/cat2
James McClellan, Liberty, Order, and Justice: An Introduction to the
egory/federalist-paper-forum-2010-essay- project/federalistpaper67/
Constitutional Principles of American Government (Indianapolis: Liberty
Fund, 2000), xvii.
7
If members of all three branches think alike, theoretically speaking, or
ignore the checks within the Constitution, despotism can still occur. The
3
Framers are those who wrote the Constitution and were delegates at
framers made the Constitution decentralized in nature.
the Philadelphia Convention of 1787. They submitted the Constitution
to be ratified. Ratifiers are those who approved the Constitution at their
According to influential American political philosopher Frank Meyer, in
respective state ratifying conventions
a December 1967 National Review issue, the Constitution restricted “government to its proper functions; within government, tension and balance
4
Much has been erroneously concluded about phrases such as “promote
between local and central power; within the Federal government, tension
the general Welfare.” Many Americans, however, are unfamiliar with the
and balance between coordinate branches.” In essence, the document
times in which the document was written and then ratified and what the
limits the general government and refrains from listing positive rights or
framers meant by certain phrases. Historical context is essential to un-
guaranteeing economic well- being.
derstand the meaning of such statements. Yet even if one wanted to make
Within the respective states, the respective state constitutions can limit
sweeping generalizations and apply an expansive definition of “general
government even more, or they can guarantee certain positive rights
Welfare,” the text that follows—the Constitution—specifies the specified
within a state’s boundaries. Even in the United States’ earliest days, for
given to the general government.
instance, various state constitutions included clauses guaranteeing public
education. Today, the New York Constitution offers that “the aid, care,
5
George Washington is a good example of a virtuous leader. He had the
and support of the needy are public concerns and shall be provided by
opportunity to run for a third term as president, yet he chose to limit his
the state and by such of its subdivisions, and in such manner and by such
administration to two terms. He avoided the temptation to be a president
means, as the legislature may from time to time determine.” States have
for life.
the sovereignty to guarantee positive rights in their respective constitutions, if the people choose. This is a product of federalism.
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