[Congressional Record Volume 159, Number 122 (Tuesday, September 17, 2013)]
[Senate]
[Page S6510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSTITUTION DAY
Mr. HATCH. Madam President, especially in times of crisis but also in
times of ease, Americans have reason to reflect on the foundation of
the life we enjoy as a Nation. More than the citizens of any other
country, when Americans think of their collective lives or their
individual liberties, we think of a document. On this day, 226 years
ago, a group of America's Founders signed the Constitution of the
United States.
In May of 1787, 55 of the 70 delegates chosen by 12 of the 13 States
gathered in the Pennsylvania Statehouse, where both the Articles of
Confederation and the Declaration of Independence had been signed. Just
115 days later, 39 of those delegates signed the Constitution and
within 18 months it had been ratified and was the supreme law of the
land.
The Constitution is special both for whose it is and for what it
does. The Constitution's first three words identify its ownership when
it says ``we the people.'' The Constitution belongs to the people. The
Constitution is also special for what it does. It both empowers and
limits government. The Constitution gives powers to government by
delegating enumerated powers to the Federal Government and reserving
the others to the States and the people. And the Constitution limits
those powers in multiple ways, including the very fact of being written
down. As the Supreme Court put it in Marbury v. Madison, the
Constitution was written so that the limits on government would be
neither mistaken nor forgotten.
Put these two principles together and we see that the Constitution is
the primary tool for the people to control their government. That is
both the genius of its design and the source of its vitality. The
Constitution lives because of whose it is and what it does. Departing
from that design kills the Constitution.
President George Washington said in his farewell address that the
very basis of our political system is the people's right to control
their Constitution. Take away that right, undermine that control,
strikes at the heart of the system of government that has given us
liberty unparalleled in human history. That is why, for example, we
contend over the appointment of Federal judges, many of whom appear
willing or even determined to control the Constitution rather than to
be controlled by it.
In times of crisis, we often look to the powers of government and in
times of ease, we may emphasize more the limits on those powers. But
let us never mistake or forget whose the Constitution is and what it
does so that it may continue to fulfill the purposes stated in its
preamble: to form a more perfect union, establish justice, insure
domestic tranquility, provide for the common defense, promote the
general welfare, and secure the blessings of liberty to ourselves and
our posterity.
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