A Short History of “Respect for the Constitution”
The Civil War is important history for staying attached to some sense of reality as modern politicians attempt to use the founding documents to further their political aims. A significant minority of the population has recently been accused of not respecting the Constitution. Without knowledge of Civil War history, the roughly 50 million voters who have been disparaged might be concerned by this allegation. They needn’t be.
It is hard at times to know who knows what, but it is broadly accepted that President Lincoln and the 37th and 38th Congresses violated the Constitution and thus did not respect it. It would be hard to argue that they did everything in their power to not violate it which is why it is fair to say they did not respect it. Lincoln’s argument that he was authorized to do what he did to save the Union might be compelling if he had not acted so quickly. The argument would also be bolstered if the Confederacy was a military threat to the Union early in 1861. It was not. Northern newspapers of the time and speeches in both Houses of Congress testify to Constitutional violations happening quickly and not being necessary.
The suspension of habeas corpus including jailing with out due process, closing of newspapers, and the creation of the state of West Virginia are examples of violations of the Constitution.
Lincoln never accepted that Virginia seceded and as such, the “Consent” of the Virginia legislature was required for West Virginia to become a state.
Those claiming their opponents don’t respect the Constitution tend to be the ones calling for significant change. Lamenting the electoral college shows a lack of respect for the Constitution and little understanding of the form of government it represents.
