Constitutional Day: Examining the Document and its Relevance

This essay critically examines Constitutional Day and the US Constitution, questioning its relevance and impact in modern society. It argues that the day's significance is diminished compared to the importance of the Constitution itself, and explores whether the document truly reflects the will of the people or is susceptible to manipulation by the judiciary. The author references legal scholars and historical events, such as the Obama Health Bill, to support the argument that the Constitution may not always align with the desires of the populace. The essay concludes that the true essence of democracy lies in the people's will, rather than the observance of a specific day or document. The essay highlights the tension between representative democracy and the potential for laws to not fully reflect the public's sentiments, ultimately advocating for a more active and engaged citizenry.

Running head: CONSTITUTIONAL DAY // EG – 18359 1
CONSTITUTIONAL DAY // EG - 18359
Institution
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CONSTITUTIONAL DAY // EG – 18359 2
CONSTITUTIONAL DAY // EG - 18359
September 17th is here with us again. It is a day where the United States will come together to
remember the adoption of her constitution in the year 1787. As this day approaches, we have to
ask ourselves a few hard questions regarding this document which governs most of the countries
in the World. Is the day significant in any way or is this document easy to manipulate by the
Judiciary? Does it reflect the will of the people or is it just thoughts of a handful of individuals?
Firstly, the celebration of the day is not relevant in any way compared to whether the
document is in itself respected and observed by all. What is of more relevance, the day or the
reason behind the day? In as much as we remember the birth of democracy, the big question is
do the citizens feel it? A day like this one I would say, in my opinion, has no value. Ask any
student on this day, and you will not be surprised to realize few of them know anything about it.
That shows how the day has lost meaning and thus it is no longer worth commemorating.
Another issue is the supremacy of the document and its sole authority. Cases have been
brought forward on judges who have manipulated the constitution to suit their needs or those of
their allies. A retired judge in the US court of appeal, Mr. Adam Liptak says “I pay little
attention to legal rules, statutes and constitutional provisions.” (Morrissey 2017). If that is the
case, then the question is, what is the other guiding factor if not personal interests.
Thirdly, the legislature mainly makes the laws and not the entire population. It is a
representative form of democracy, and thus the laws may not reflect the will of the people in
totality. An example is the adoption of the Obama Health Bill in 2012which though a section of
citizens was uncomfortable; it was signed into law anyway. That confirms James Madson

CONSTITUTIONAL DAY // EG – 18359 3
sentiments that there is no much difference between a league or just a bountiful of people and the
constitution.
Lastly, democracy is a process that is fully achieved only if the people realize their supremacy. It
is always not very far but citizens are busy chasing it where it is not. Walter Winchell notes that
it is just a matter of taking it (Donna 2005). The day and the document are not the keys but rather
the will of the people by the people and for the people as Abraham Lincon puts it.