BICENTENNIAL OF THE CONSTITUTION THURSDAY, SEPTEMBER 17, 1981 U.S. SENATE, COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE ON THE CONSTITUTION, Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 a.m., in room 318, Russell Senate Office Building, Senator Orrin G. Hatch (chairman of the subcommittee) presiding. Present: Senator Hatch. Staff present: Steve Markman, general counsel; Peter Ormsby, professional staff member; and Claire Greif, clerk. OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE OF UTAH, AND CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION, COMMITTEE ON THE JUDICIARY Senator HATCH. The Subcommittee on the Constitution of the Committee on the Judiciary will come to order. It was 194 years ago today that the work of the Constitutional Convention was formally completed. On September 17, 1787, the work of that body culminated in the engrossing of the proposed new Constitution that would replace the Articles of Confederation. It is that event that we are commemorating today with hearings of the Senate Subcommittee on the Constitution. It is that event that we hope to commemorate in 6 years with an appropriate recognition of its bicentennial. As one observer from overseas would note on the occasion of the Constitution's centennial nearly 100 years ago: I have always regarded that Constitution as the most remarkable work known to me in modern times to have been produced by the human intellect. I have no reason to believe that that great British statesman, William Gladstone, would have had his views altered by the events of the past century. Indeed, I believe that the durability of this document would have impressed the British Prime Minister even more today than when he spoke. Although there are those who would disagree with me on this, I believe that the Constitution has proven durable-not because it is an evolving or flexible document but because it addressed principles that were enduring and because it created institutions that were in accord with the realities of man's existence. In this latter sense, it was a profoundly nonutopian document, one recognizing and accepting the frailties of men and women and their institutions. (1) The political principles that represented the foundations of the Constitution-federalism, checks and balances, separation of powers, concurrent majorities, and limited government-are just as relevant for this country as it approaches its bicentennial as they were for Madison, Hamilton, and Washington nearly 200 years ago. It is my hope that whatever form of commemoration emerges from the congressional process, it will focus closely upon these concepts and their contribution to the American experience. There are two bills that are presently before this committee that would establish a commemoration process for the Constitution bicentennial-S. 477 introduced by the distinguished Senator from Maryland, Senator Mathias, and Senate Joint Resolution 33 introduced by the distinguished North Carolina Senator, Senator Helms. There are a great many similarities between these measures. Let me outline briefly those elements that I believe to be important to the process for commemoration created by this committee. First, I would hope that it would recognize that a commemoration must be true to the Constitution in that it should recognize an active role for the States. Washington cannot be the focus of all activity. Second, I would hope that it would recognize that a commemoration must be true to the Constitution in that it should recognize an active role for the private sector. Already private organizations have done a great deal to develop interest in the bicentennial and to outline a wide variety of means by which our Nation can give honor to our Constitution. The Government cannot be the focus of all activity. Third, while the fireworks and glamour of our Revolutionary Bicentennial were impressive, I would hope that a commemoration would encourage among the people a deeper understanding of what the Constitution is all about. There is a need for celebration, but there is also a need for reflection. Fourth, I would hope that the diversity of understanding that exists in this country about the Constitution and its provisions will be reflected in its commemoration. There will be no "party line" on what is most important about the Constitution. I have my own views about this, as do each of my colleagues, and as do each of those in this room here today. These differences must be recognized and respected. Finally, I would hope that we could bring into the commemoration process as many individuals and as many organizations as possible. The Constitution does not belong to lawyers, and it does not belong to academicians. It does not belong to Members of Congress. It belongs to each of the citizens of our country who live under a Government subject to its powers and limitations. [The bills introduced by Senators Helms, Mathias, and Specter follow:] To establish a commission to plan for the two hundredth anniversary celebration of the birth of our Constitution. IN THE SENATE OF THE UNITED STATES FEBRUARY 24 (legislative day, FEBRUARY 16), 1981 Mr. HELMS introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary 1 JOINT RESOLUTION To establish a commission to plan for the two hundredth Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That this Act may be cited as the "Constitution Bicentennial 4 Observance Act". 5 SEC. 2. (a) As this Nation approaches the bicentennial 6 of the formulation and ratification of the United States Con7 stitution and the historic events preceding and associated 8 with the United States Constitution which are of such major 9 significance in the development of our national heritage of 2 1 individual liberty, representative government, and the attain2 ment of equal and inalienable rights and which have also had 3 so profound an influence throughout the world, it is appropri4 ate and desirable to provide for the observation and com5 memoration of this anniversary and these events through 6 local, State, National, and international activities planned, 7 encouraged, developed, and coordinated by a national com8 mission representative of appropriate public and private au9 thorities and organizations. 10 (b) There is hereby established a commission to be 11 known as the United States Constitution Bicentennial Com12 mission (hereinafter referred to as the "Commission") to 13 plan, encourage, develop, and coordinate the commemoration 14 of the United States Constitution bicentennial. 15 (c) The Commission shall be composed of the following 16 members: (1) Four Members of the Senate appointed by the President of the Senate. (2) Four Members of the House of Representatives appointed by the Speaker of the House of Repre sentatives. (3) The Secretary of State, the Attorney General, the Librarian of Congress, the Secretary of the Smithsonian Institution, the Archivist of the United States, and the Chairman of the Federal Council on the Arts |