DOES THE U.S. CONSTITUTION APPLY TO CITIZENS?
Analysis © 2010 October 21 by G. Edward Griffin
The Oct 15 edition of Unfiltered News published the following statement I made in connection with a news article: "Keep your eyes open for candidates from either major party who claim to support the Constitution but who vote the opposite." In response to this, I received the following note from a subscriber who wrote:
Ed, does the US Constitution apply to you? You cannot use the Constitution to defend yourself because you are not a party to it. (Padelford Fay & Co. v. The Mayor and Alderman of the City of Savannah 14 Georgia 438, 520) “The People” does not include you and me. (Barron v. Mayor & City Council of Baltimore. 32 U.S. 243) Since no one currently living signed the Constitution - it does not apply to any living men and women. That is why GW Bush said it was an antiquated document.
This is one of those half truths that can get us into serious trouble. It is true that the Constitution was a contract between representatives of the colonies that created the federal union, and it is true that it is binding only on the states and the federal union itself. but it is incorrect to say that it does not apply to any living man or woman or to imply that we should have no interest in it today.
First, contracts commonly are binding upon heirs and descendants. If a man sells wooded acreage with a stipulation that his heirs for three generations shall have access to it for recreational purposes, the buyer's heirs are bound by that agreement even though the original seller and buyer may no longer be alive. Likewise, federal and state officials are obligated to uphold the terms of the contract they inherited, which is why that obligation is formalized when they take their oath of office.
Second, even though average citizens are not parties to the agreement and are not directly involved with its provisions; nevertheless, we are profoundly affected by it and have every reason to insist that our representatives keep their oaths because, without that, our personal liberties are doomed. When we ask them to uphold the Constitution, that is merely another way of asking them to protect our lives, liberty, and property against predators, including those within government. Therefore, I repeat: Keep your eyes open for candidates from either major party who claim to support the Constitution but who vote the opposite.