Protecting Our Constitutional Legacy Amid Growing Doubts

Protecting Our Constitutional Legacy Amid Growing Doubts

During a recent debate at Colgate University, Harvard Law Professor Michael Klarman expressed his deep frustration. “I am very angry,” he declared, echoing sentiments that have become increasingly common in discussions about America’s constitutional state. Klarman, advocating for the position that the nation is in a constitutional crisis, critiqued what he labels an authoritarianism tied to traditional white supremacy. He did not shy away from comparing contemporary political figures to Nazi Germany, condemning President Donald Trump and his supporters as ‘fascists’ and referring to ICE agents as ‘thugs’ involved in essentially torturous conditions in detention centers.

This heightened emotional rhetoric reflects what I characterize as the ‘age of rage.’ Klarman readily admitted this when he stated his goal was to awaken the public from their metaphorical insomnia regarding the constitutional system, which he believes is failing.

While Klarman and others question the functionality of the American Constitution, it is essential to differentiate between a constitutional crisis and a crisis of faith. The ongoing debate hinges not merely on the structure of governance but on the belief in the principles enshrined in the Constitution.

The Declining Faith in the Constitution

A New York Times column from last year criticized what it termed ‘Constitution worship,’ arguing that many Americans previously considered the Constitution a safeguard against tyranny. Yet, now a rising chorus questions whether it is necessary to be saved from this very document.

In media discussions and academic circles, the Constitution is often disparaged as obsolete or oppressive. This growing anti-constitutional sentiment, particularly among certain intellectual elites, stems from disillusionment with electoral outcomes and judicial rulings that do not align with progressive expectations. Many people in academia have concluded that the system is fundamentally flawed and requires a complete overhaul.

The Academic Environment

For law students today, the prevailing sentiment in academic circles becomes clear. Supporting the Constitution or arguing against claims of a crisis invites backlash, ridicule, or worse. In such an environment, suggesting that America’s constitutional system is anything but a failed experiment paints one as out of touch or naive.

In my forthcoming book, I explore this crisis of faith in detail, examining how this perspective threatens American democracy in the 21st century. Dedication to the Constitution and its principles feels increasingly like an act of rebellion in an academic landscape where skepticism reigns.

A Renewed Appreciation of the Constitution

After participating in the debate, I was reminded of the profound value that the Constitution represents. Klarman likened it to ‘words on paper,’ but I contend it is much more than that. The Constitution embodies a covenant among the American people, a faith that has persisted through wars, economic turmoil, and social upheaval for over two centuries.

My journey continued to Grand Lake, Colorado, where I was invited to give the Constitution Day Address. Nestled in the Rocky Mountains, this small town proudly celebrates its belief in the Constitution. When I arrived, I felt weary from travel but was soon revitalized by the enthusiasm of the townspeople.

During the parade, residents gathered to express their love for the nation and its guiding document. Among the celebrations, three young boys in Revolutionary attire proudly waved American flags as they paraded down Main Street. Families lined up to cheer for the Constitution without any hint of the cynicism that often permeates political discourse.

Bridging the Gap Between Elites and Everyday Americans

As I witnessed the warm camaraderie in Grand Lake, I understood that this perspective might face ridicule in urban intellectual circles. Many in the political elite dismiss such displays of patriotism as silly or naïve. However, experiences like this provide a refreshing counterpoint to the prevailing pessimism in places like Washington, D.C.

In discussions about the current political climate, Klarman emphasized that he did not label all Trump supporters as fascists. He described many as misinformed or disengaged from their civic duties. Yet, I countered by suggesting that a significant number of citizens do not resonate with the elite views prevalent in academia and mainstream media. Instead, these individuals maintain a steadfast belief in the ideals that underpin the Constitution.

While it is vital to address the concerns that motivate individuals like Klarman, it is equally necessary to acknowledge that a broad segment of the American populace does still value the Constitution. Their faith in the document represents a large, often overlooked portion of the country, distinct from the elite narratives dominating political discussions.

Sharing a Legacy

Later that evening in Grand Lake, I encountered two boys who joyfully discussed their candy collection and awaited the evening fireworks. One boy even shared a pocket Constitution, emblematic of the enduring legacy this document holds. His younger sibling was quick to claim they would share the treasured copy, illustrating how knowledge and pride in the Constitution can transcend generations.

This experience highlighted a point of unity amid a country often characterized by divisive politics. Unlike many nations, which find commonality in language and culture, the United States thrives on a profound legacy of ideas unified by the Constitution. The shared beliefs in liberty and democracy continue to bond American citizens, defining our identity as a nation.

As I departed from Grand Lake, I felt reinvigorated. Encounters like these remind us of the heart that beats across America, dedicated to ideals that the Constitution embodies. It serves as a critical reminder that despite the criticisms propelled by some elites, many still appreciate and uphold this remarkable document.