The Constitution of the United States is the central document of our nation, and one of the most important documents ever written by man.  It lays out principles and basic operations of our nation and the government.  It has served as a model for many nations around the globe.  It has endured for over two centuries.

I will now most humbly attempt to take a look at where the United States is today vis-à-vis The Constitution, and point out some areas where The Constitution was lacking or unclear that have over the course of two centuries taken us off the path the Founding Fathers designed. 

This will be a continuing series of essays, each covering one topic.  This is the first.

The Constitution envisioned a nation consisting of three components, a Citizenry, the Federal Government, and State governments.  Little is said about the primacies of these entities vis-à-vis one and other.  There are smatterings throughout the Constitution, such as the Bill of Rights, the statement that if a power is not mentioned than the Federal Government does not have that power and it is reserved for the states, etc.

I think the original intent was to establish a primacy with the Citizenry on top, the Federal Government next, but with a limited range of power, and then the state governments with essentially unlimited power except in areas reserved for the Federal government, and subject to the primacy of the citizenry.  Over the course of 200 years, we have evolved into an environment where the Federal Government has primacy overall, flowed by the states and then the citizenry.  The Federal Government through is taxation and spending power dictates to states how things will be.  Does anyone think that the founders intended a Federal Government that set speed limits on roadways or dictated the education of our children?  Not in least.

As far as the citizenry is concerned the Federal Government decides what rights it will bestow on the citizens today and what rights it will take away.  The citizens have no right to free speech (even political speech).  The Federal Government determines what can or can not be said, when and where it can or can not be said, and who can or can not say it (campaign finance reform).  In turn the Federal Government can create a right and bestow it upon the populace (at least some of the populace) out of thin air….the right to privacy.  Whether or not I think there should be one, there is not one mentioned in The Constitution.