The United States is a country that follows “the rule of law.” But do we—really? Central to that rule is the Constitution of the United States. Few have read it cover-to-cover, even though it contains only seven articles and 27 certified amendments. The 28th Amendment—ensuring equal rights for all citizens regardless of sex—still languishes in Congress, passed (ratified) but not yet certified. The Constitution also provides both protection and guidance for everyone responsible for serving the people who live in the US. According to the Constitution, they are all considered public servants, and their job is to serve the public—from the president to the Supreme Court justices. That’s us—the public. We’re meant to be in charge and can hire and fire them through what was set forth as the rule of law in the Constitution. That’s why our votes are important and why these leaders work so hard to get them.
We hear assertions that the Constitution says this or that, protects this right and that freedom, until it doesn’t, usually the result of a Supreme Court decision, an act of Congress, or an Executive Order that often goes unchecked. We also hear that the majority of the current Supreme Court’s members are “originalists,” meaning they interpret the Constitution by looking at its original intent. To understand what that means, let’s look at what the founders were trying to create with their original draft of the Constitution. Their goal was freedom from the rule of King George III of England—and any future “king” (or queen) who might attempt to rule in the future.
To ensure their intent was carried out, the founders wrote three Articles for the three branches of government, creating a series of checks and balances so that no one person or branch has the power of a single person. Each Article designates the qualifications for members of that branch, each branch’s power and responsibilities, and the ways they work to support or “check” one another to protect and defend the people’s rights and freedoms. These Articles also established how officers who serve the public are elected.
Unlike other democracies, the US doesn’t elect by popular vote. Votes are tabulated and passed on to the “electors” as described in Article 2, Section 1. In practice, what we call the Electoral College counts the votes of the people and casts their votes accordingly. The Constitution describes how the legislature counts the votes and announces the new president and vice president. It does not give Congress the power to change votes, which is why Congresswoman Liz Cheney expressed alarm in her book, Oath and Honor, after witnessing the objections filed by Congressional members on January 6, 2021. Besides shining a laser on who said what and to whom before, during, and after convening to certify the election, she references the Constitution and offers this quote from Alexander Hamilton explaining why the founders expressly prohibit Congress from voting for the president or even serving in the Electoral College:
And they have excluded from eligibility to this trust, all those from situation might be suspected of too great devotion to the President in office. No senator, representative, or other person holding a place of trust or profit under the United States can be of the numbers of the electors.
Cheney follows up with a comment about how prescient our founders were, especially about how too much devotion to a person would interfere with their vow to serve the people as set forth in the Constitution.
Article 2, Section 1 explicitly states the vow, which the executive officer (president, not king) must say before assuming office:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Article 6 cited several of the founders’ afterthoughts and included the oath for the legislative branches:
“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.” https://constitutioncenter.org/the-constitution/full-text
These vows are serious, set forth so we, the people, can trust our public servants. And the Constitution sets forth every other provision to follow its rule of law by the various public servants throughout the US.
Article 5 made provisions to create Amendments to fill in the blanks—freedom, rights, and requirements the founders didn’t anticipate. Among the Amendments are those giving citizens the most power—the right to vote. Amendments 15 and 19 give all citizens the right to vote and Congress the power to protect the right, but not to replace the votes. The Voting Rights Act has protected voters of color from practices that make it harder for them to vote and those that unfairly diminish their voter power. However, despite the fact that the Act has been amended five times to expand protections, in 2013 the Supreme Court struck down the heart of the Act by a 5-to-4 vote, which allowed nine states, mostly in the South, to change their election laws without advance federal approval.
In a democracy, the voters have the most amazing power—the power to choose who their public servants are. Our votes can serve as a potential pink slip—granting us the ability to fire anyone not living up to their vow of public service. We have the power to choose because of the Constitution. It’s our most precious possession, and we must not take it for granted. Remember, these lawmakers aren’t kings and queens; they’re servants who are working for us.
Among this year’s campaign promises is a pledge to suspend the Constitution. Is that a good idea? The US has done that once in its over 200-year history, and half of the population at the time was killed. That may sound extreme, but look at the countries that don’t have a solid foundation in place—like the Constitution—to establish their rule of law. Would you want to live there? Probably not. Every one of us needs to vote in the upcoming election. Be careful what you believe among the wild assertions and claims you hear and see on social media, and remember you have a supreme right to representation by people who keep their promise to protect the Constitution (that’s your/our rights and freedoms).
Our right to vote is our most precious right. It’s our power to preserve the rule of law. Don’t give anyone the power to take it away.