Ben Shapiro

On Sept. 17, 1787, as members of the Constitutional Convention in Philadelphia signed the founding document of the United States of America, Dr. Benjamin Franklin turned to a few of his fellow members. Painters had found it difficult to distinguish in their art a rising sun from a setting one, he noted. "I have often and often in the course of Session, and the vicissitudes of my hopes and fears as to its issue, looked at that [image of a sun] behind the president without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting sun."
The sun did rise upon America, and it continues to rise. The "miracle" of unanimity in Philadelphia has borne awe-inspiring fruit. Balances struck at the time for the sake of political convenience established a system of working checks and balances. A national government of enumerated powers, a national government respecting the authority of local government, a national government strong enough to protect the people but bound to respect the law -- that is the product of all the negotiation and infighting in Philadelphia during 1787.

 The Constitution is, quite simply, the finest document ever devised by man. It is brilliant in its structure: the House of Representatives, elected directly by the people, its allocation of representatives based on population; the Senate, elected by state legislatures, with equal representation for each state; both houses of Congress circumscribed in their ability to infringe upon the freedoms of the states and the people. The presidency is a masterwork of compromise -- a powerful executive maintaining defense, with the partial ability to check the legislature, yet subject to re-election every four years by the people through the mechanism of the Electoral College. The judiciary, largely restricted to deciding outcomes based upon the Constitution and the laws to be passed, has not the ability to check the other two branches -- if it did, the subtle balance between popular sovereignty and a structure of checks would be entirely subordinated to the will of the judiciary.

 The Constitution is as clear a document as any yet written. Yes, it contains lofty language -- promoting "the general Welfare," for example -- but it is largely a document of specifics. The Constitution is not poetry, open to all forms of interpretation; it is not a literary piece designed to reflect individual whims. The Constitution is, first and foremost, a governmental document, as legal and understandable as the Judiciary Act of 1789. It does not mutate over time; it does not reflect what we wish it to be. It is what it is. It requires no embellishment.

Ben Shapiro

Ben Shapiro is an attorney, a writer and a Shillman Journalism Fellow at the Freedom Center. He is editor-at-large of Breitbart and author of the best-selling book "Primetime Propaganda: The True Hollywood Story of How the Left Took Over Your TV."
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