Program Information

As John Marshall once put it in a case, the Constitution is meant to survive the crises of generations, to survive over time. Now to do that requires interpretation. Many of the Constitution’s most important phrases are really quite general. Due process of law. Equal protection of the law. Cruel and unusual punishment. These, these are not self-explanatory words.

The United States Constitution has been the foundation for the United States government and its citizens for over two hundred years. Many people believe it is the “gold standard” for fledgling democracies all over the world. It calls for the citizens to be active and for government to be accountable to those they govern. Many historians believe the Constitution has made our nation as successful and as powerful as it is; however, many of our citizens have not read or do not understand the Constitution and the foundation of our government. “Questioning the Constitution” looks at the development of the constitution, how it has been interpreted and questions whether the constitution should be reformed. This one-hour documentary was produced by WCVE PBS in partnership with the Center for Politics at the University of Virginia.

Transcript

HOWARD: Ours is a simple, fundamental document. And as John Marshall once put it in a case, that’s meant to survive the crises of generations, to survive over time. Now to do that requires interpretation. Many of the Constitution’s most important phrases are really quite general. Due process of law. Equal protection of the law. Cruel and unusual punishment. These, these are not self-explanatory words. They, they require someone to interpret them and give them meaning. And I think in a very real sense the Constitution was meant to be not a static document, not for one moment in time, but meant to be an organic document, rather like the English Common Law. I think the framers were influenced by the sense of law as something which develops and takes on meaning from one generation to another. Madison and Jefferson in their correspondence were very fond of the phrase, “The Earth belongs always to the living generation.” And if one takes that seriously, and certainly they did, then it would mean that the Constitution ought not to be seen to be the Ark of the Covenant, somehow to be worshipped and never to be changed, but that as it shouldn’t be just easily changed. It is fundamental law. It’s not an ordinary statute. It’s not in the code and therefore it shouldn’t just be subject to alteration by legislative majorities. But where change is clearly indicated, then it ought to come about.

STUDENTS: We the people, of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility…

LANE: One of the most significant declines in the nation over the last thirty years has been Americans’ understanding of their Constitution. It’s remarkable how little anybody knows about it. Both Ronald Regan and Derek Bok, the president of Harvard, within a five- or six-year period said that we are losing our relationship to the Constitution.

WARNER: The Constitution guarantees freedom. And some people interpret that freedom as to do nothing. And pay no attention to anything. So, that’s one end of the spectrum. But I hope that young people are guided and drawn to this magnificent document.

RYAN: Understanding the Constitution and understanding the concept of rule of law in general is central to understanding who we are as a nation. We look to the law, uh, to solve, eventually, our problems. It doesn’t mean our issues. It doesn’t mean that we may agree with the solutions, but we do agree as Americans, that the Constitution provides the framework for solving those issues.

STROSSEN: I think it is so important to have our nation’s young citizens and future voters and candidates and Supreme Court justices learn about the Constitution very early and I love the idea of presenting it to them as a work-in-progress, which it is. Even if it is not subject to a complete overhaul through the Constitutional Convention process, it’s always subject to the amendment process, it’s always subject to the interpretation process. It’s always subject to implementation and enforcement. Or to non-implementation and non-enforcement. And James Madison said at the beginning that it’s only worth the paper that it’s written on unless there are actual people who understand what their Constitutional rights are and are willing to stand up and demand that government officials respect their rights. And the Constitution is not self-executing.

BOND: You know, Senator Robert Byrd from West Virginia carries a copy around in his pocket, and uh, I think that’s good advice to everybody. Carry a copy around in your pocket and look at it every now and then and see what it says and remind yourself of how precious it is.

VOICE-OVER: Major funding for QUESTIONING THE CONSTITUTION was provided by Mr. Paul and Victoria Saunders and by Mr. J. Thornton Kirby. QUESTIONING THE CONSTITUTION was produced in collaboration with the University of Virginia’s Center for Politics.

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