Jewell Speaks on Roots of U.S. Constitution on Constitution Day
Posted Sep 19, 2019
On Tuesday evening, Jason Jewell, Professor of Humanities spoke at Union University’s Constitution Day on the conservative foundations of the U.S. Constitution. In his talk, he introduced the conservative thinker Russell Kirk and used his work to explain the foundations of the Constitution and why our Constitution is a good Constitution.
He began by introducing Kirk to those who might be unfamiliar with him. Kirk was a child prodigy who published his first academic article while in High School. He graduated from Michigan State College in 1940 and completed his MA in History at Duke. His Masters’ thesis later became his first book which examined the life and thought of Virginia’s John Randolph. After serving in WWII, he became the only American to earn a Doctorate in Humanities from St. Andrews in Scotland. In the post WWII era, liberalism was considered the dominant and, for some people, the only ideology. However, his doctorate thesis challenged this idea which was eventually published as The Conservative Mind: From Burke to Santayana in 1954.
Kirk argues that conservatism is more a temperament than an ideology as conservatism is rooted in the living tradition of the people. There is not really a program of conservatism but instead conservatism promotes certain principles when it is attacked. According to Burke, there are six principles of conservatism. First, there is a belief in a transcendent order. Second, there is an affection for the variety and mystery of human existence as different people around the world may live differently based on their traditions. Third, society requires order and classes due to natural differences. Fourth, there is a connection between property and freedom. Fifth, there is a preference for custom and tradition as it reflects the received wisdom of the ages. Sixth, prudence is an important value as all reform should be tied to existing institutions and traditions instead of creating things anew.
In discussing the Constitution, Kirk wrote two book that laid out his views. First, The Roots of American Order, published in 1974, argues that all states need order. Most everyone agrees that the state should protect its citizens from those who break the law. Kirk argues that each society needs a social order also. Personally, each person needs order within their soul and communally, a society cannot live in peace unless there is order that allows justice to occur. In fact, he believes all societies need order, justice, and freedom to be successful. In Rights and Duties, Kirk defines a constitution as a body of basic laws for the governing of a commonwealth. But what makes a constitution like the U.S. Constitution successful is that it grew out of a social order that had been practiced for 150 years before the Constitution was adopted. Moreover, the basis of the Constitution goes back even further to the English system. Other nations can adopt a constitution like the U.S., and some have, but all of these attempts have failed because the constitution does not reflect the historical traditions of that country.
Kirk argues that the U.S. Constitution is a good constitution because it is rigid. A rigid constitution is stable enough to help society avoid popular disturbances. These good constitutions have four characteristics. First, they provide stability and continuity. Second, they divide up political power and restricts government from assuming the roles of civil society. Third, they have arrangements so that the representatives of people govern. Fourth, those who hold office are held accountable (e.g., elections, lawsuits, impeachment).
Next, Jewell spoke of Kirk’s views of the Founders. The Founders were not attempting to overthrow the religious and social order of the time because the Founders were the leaders of the community and arbiters of social conventions. The 55 Framers were gentlemen in the English sense – usually landowners, descendants of prominent families, and men of breeding, honor, and duty who exercised political power in their community. They were a “natural aristocracy” who lacked titles but pursued habits that garnered respect and sought to govern in the public interest.
From this, Jewell discussed the three major foundations of the U.S. Constitution. First, they believed in God and revealed religion. While many consider the Founders deists, they were stronger believers than that as 50 of the Founders subscribed to the Apostles Creed which is a standard of Orthodox Christianity. They held assumptions of human nature that come from the Bible whether consciously or unconsciously. They viewed humans as fallen and that each person was valuable since they were made in the image of God and these two principles led them to support limited government. Christian theology also preached the equality before God which also limits governmental authority as they would put God before Caesar. Second, the Founders believed in the natural law, primarily arising from Roman thought. They believed in the Roman idea of pietas which is about fulfilling one’s duty to God, family, friends, and country. Moreover, they accepted the idea that law is right reason in agreement with nature so that laws contrary to God/nature were not laws at all. Finally, the English Constitutional tradition influenced the Founders. This tradition included Magna Charta, parliamentary supremacy, the common law, the Glorious Revolution, and more. They were also very familiar with the Whig tradition which supported a Bill of Rights to limit the government. Since the common law approximates the natural law, it and constitutions in general limit government and provide an order so that society can flourish.
To watch the lecture in full, please click on this link: https://youtu.be/Td49maDKWms