How the Constitution Makes News

Author: Ken McIntyre
09.17.09

When was the last time a journalist asked a question about federalism in a presidential debate? Answer: 1960.

The American news media, much like American politicians, are less and less attuned to what the Constitution actually says and more and more focused on the often vague notion of “rights.”

News reporters, editors and producers are quick to wade into what they see as a juicy conflict over rights denied — at least those they ascribe to “community organizers” or atheists or gay activists or abortion clinics. The media don’t tend to give serious scrutiny to the structure and limits of government power actually prescribed by the Constitution.

Today, Constitution Day, is a good day to highlight the results of some related media research by Andrew E. Busch, an associate professor of political science at Claremont McKenna College.

In a Lexis/Nexis search of the major media for mentions of constitutional issues during a period of six months, Busch discovered news organizations to be “much more interested in rights than in structural questions.”

Federalism, “one of the most important structures of the American republic,”  was mentioned in a modest 116 articles — and many of those stories were about federalism in Canada.

The biggest hits:

• Civil rights, civil liberties and abortion (1,000-plus articles).
• Gay or same-sex marriage (500).
• Constitutional amendments and Supreme Court appointments (426 each).
• The First Amendment (326), Roe v. Wade (241), and sovereignty questions raised by the International Criminal Court (134).

Busch reports that no other searches for 33 key words produced more than 100 hits, including “war powers,” “Kelo” (the notorious property rights case), “Electoral College amendments,” “original intent” or “Supreme Court appellate jurisdiction.”

He observes:

Much evidence points to a cohort of party activists who are more ideological and more polarized today than in
1960. This trend helps to explain both the increase in constitutional discourse in elections since 1960 and why it is
that party platforms have more such discourse than alternative forms of campaign communication. Activists write
the platforms — and are almost the only ones who read them.”

Celebrate Constitution Day

Author: Julia Shaw
09.17.09

Today, Sept. 17,  is Constitution Day. On this date in 1787, delegates from each state signed the final Constitution, securing our rights and assuring the blessings of liberty for ourselves and our posterity.  It is now  the longest lasting, most imitated national constitution in the world.

The Constitution unified the country by providing a stable national government over the 13 separate states. The Constitution continues to unify us as Americans — and  as conservatives.  As Americans, the continued success and viability of our country depends on our fidelity to, and the faithful exposition and interpretation of, the Constitution. Despite conservatives’  intellectual diversity and policy differences, our future as a movement rests on our ability to defend the democratic processes defined in the Constitution.

So, how can you honor the Constitution today?

First, get a copy of the Constitution and read it. Heritage is literally giving away pocket copies of the Declaration of Independence and the Constitution. Get yours today. Or, better yet, order copies for your class or civic organization.

Second, buy a copy of the Heritage Guide to the Constitution, the definitive clause-by-clause analysis of our governing document. You can read introductory essays  online by former Attorney General Edwin Meese III and Professor David Forte.

Third, read some of Heritage’s First Principles publications such as Matthew Spalding’s brief introduction to the Constitution and the Constitutional Convention, Keith Whittington’s essay “How to Read the Constitution,”  and Herman Belz’s monograph “Constitutionalism and the Rule of Law in America.”

Fourth, watch a lecture on the Constitution and its importance. Gordon Lloyd, Pepperdine University professor, presents the Constitutional Convention as a four-act drama. Harvey Mansfield argues that the future of conservatism rests on its ability to defend the Constitution.

Fifth, check out some of the great online resources that other organizations have made available. Many of them, such as the National Constitution Center and the Bill of Rights Institute, produce teachers’ lessons that help bring the Constitution into the classroom. Teaching American History has the best, most comprehensive and user-friendly resource on the Constitutional Convention debates available on the Web.

Finally, if you think our Constitution should be at the center of all our policy debates,  not just celebrated one day a year, write to your representatives.  Tell them you want to hear them connect their policy ideas to constitutional principles. And tell them every law should be based on legitimate constitutional authority.

Our Constitution is responsible for our nation’s greatness and prosperity and the remarkable stability we experience in our political life. Where other nations are vulnerable to radical movements  that undermine liberty and self-government, our Constitution has been the anchor and ballast by which we maintain a stable regime. But if our Constitution is to continue to provide these blessings, we must seize opportunities to return to our fundamental  principles.