Publius Again: A New Defense of the Constitution

Appearing for the critics, the plaintiffs, a law professor at one of our most prestigious law schools calls the U.S. Constitution "imbelic," saying, "Critics across the spectrum call the American political system dysfunctional, even pathological." Another law professor at another prestigious law school calls on us to, "Give up on the Constitution," saying, "observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions."

But from where I sit, looking out my law office window toward the local county courthouse, I couldn't disagree more, only I didn't hear anyone putting the other side of the case. That made me think we needed another Publius again. We needed a new defense of the Constitution like in the old Federalist Papers. No one can hope to rival their eloquence and profundity, but if we value the Constitution, like I do, someone has to try and do their best. The long and the short of it being, I decided to have a go, and perhaps not so modestly, self-appointed myself to appear for the defense as the lawyer for the Constitution.

It's the case of the critics, the plaintiffs, versus the U.S. Constitution, the defendant. But really it's a class action, and we're all named as parties. We're all living in the same constitutional structure, and if the structure condemned, we're all going to have to find some other place to live. We better not let the judgment go against us by default, but take the time and the effort to defend our interests in the case. Otherwise, we're liable to find ourselves living in the ruins, out on the street, or in some much worse structure.

There's an open invitation to serve on the jury, and it's the duty and the interest of every citizen to serve. Listen to what the Constitution says, not just what you've heard it says. Make yourself able to pass a reasoned judgment. If you do, I submit you'll render your verdict for the Constitution. I don't promise you a short or easy case. But can you think of a more significant one to give a hearing?