Toward A Broader Conception of the American Constitution

We are accustomed to thinking about the U.S. Constitution as being contained within the four corners of the document itself. Constitutional law is almost exclusively understood to be the pronouncements of the U.S. Supreme Court. And constitutional history is often presented as the history of Supreme Court rulings and doctrines.

The mission of www.usconstitution.org is to promote a broader vision of the constitution. The model presented here is built to encompass a comprehensive view of the constitution – one that includes many of the crucial political institutions that lie outside of the written constitution.

Broadly speaking, these institutions include:

  • Election districts – which shape the formation and number of political parties
  • Electoral process – which determines whether a person can vote, and whether that vote counts
  • Nominating system – which can moderate or inflame political discourse
  • Legislative committee organization – which determines the efficacy of Congress and other legislatures, especially vis-a-vis the executive departments
  • Provisions for rotation in office – which determines the strength and influence of the executive power
  • Legislative rules to protect the minority – which can affect individual liberty as well as legislative efficacy
  • Structure of judicial power – which affects individual rights, governmental power, and the viability of federalism

The constitution briefly mentions only a few of these institutions, and others it does not mention at all. And yet every one of these institutions has a tremendous impact on the integrity and viability of our written constitution.

The proper aim of these institutions is five-fold:

  • Ensure moderate policymaking – by excluding or marginalizing fanatics and extremists from the political process
  • Ensure political stability and policymaking firmness – by insulating political actors somewhat from popular pressures
  • Ensure democratic accountability – by providing mechanisms to secure majority rule and legitimate elections
  • Ensure individual freedom – by guaranteeing the rights of individuals, as well as the rights of political, religious, and ethnic minorities
  • Ensure the durability of the constitution itself – by maintaining a balance of power between the legislative and executive powers of government

Please join the dialogue to help to bring about the revolution in the hearts and minds of the American people, which is needed to make our constitution last – so that we can remain a free people and bequeath our way of freedom to posterity.