As a current Maine teacher of American history and government, every year my students and I discuss our amazing Constitution and the amendments that give us our rights and freedoms — the basis for all that we enjoy in our country. I teach that striving for the ideals embodied in these documents continues to be our individual and shared responsibility, regardless of our country’s past accomplishments or moral failures.
But now I am struggling. How do I teach these ideals when the very framework set up by the framers of the Constitution is crumbling, as a majority of the legislative branch is abdicating its role to an unchecked executive branch? Or when the executive branch, backed up by motions of the legislative branch, is threatening to impeach or render powerless judges who do not rule in its favor?
We need the separation of powers and checks and balances built into articles 1-3 of the Constitution or we are no different than the Third Reich, which legislated to allow Hitler unchecked power. The framers knew when they created this framework that we need the law, lawyers and judges to exist independently of the executive’s wishes. Without this, we are no different than the former Mao regime in China or the current Russian regime. Without our framework, what are we?
How can I teach the due process of the individual enshrined in the Bill of Rights insisted upon by the original 13 states if the executive branch is deporting immigrants — here illegally and also legally — and has started deporting American citizens as well? Regardless of status, according to the Fifth Amendment, “no person shall be deprived of life, liberty, or property without due process of law.” No person.
Additionally, according to the 14th Amendment, “nor shall any State deprive any person of life, liberty, or property, without due process of law…” Any person. But this is happening, and the House Judiciary Committee recently refused to amend this risk to both immigrants and citizens. And the executive branch is considering suspending habeas corpus, our constitutional right to fair court proceedings.
We need this due process or we are no different than Afghanistan or Venezuela, with their total disregard for their populations. Without these constitutional rights, how are we protected?
How can I continue to focus my kids on the incredible First Amendment when universities are being threatened by the executive to not allow freedoms of speech and assembly or the right to petition for the redress of grievances? When news organizations are banished and labeled “enemies of the people” if they do not speak or print the words the executive wants — their absolute First Amendment freedoms of speech and press? We must have our freedoms or we are no different than North Korea or any totalitarian state. Without the First Amendment, what real freedoms do we have?
If we don’t keep the Constitution and Bill of Rights as the center and measurement of our actions, what is left? Indian removal. Jim Crow. Segregation. Japanese-American internment camps. The Red Scare. In other words, the worst of our past, the worst part of ourselves.
A government that continually tries to circumvent our constitutional rights is a problem for all of us. Whatever side of whatever issue you fall on, do you realize that when you allow this for some, you are eliminating it for all? When the rights are gone, they are gone. For everyone.
For good.
So how do I begin to teach these young Maine students those fundamental, yet-to-be-fulfilled American ideals we all say we love from the living documents we all say we are loyal to when we are allowing that very foundation to be dismantled piece by piece? Because though I am trying to teach them that it counts for everything, it will not exist for them.
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