Senator HATCH. I look forward to the views of each of our distinguished participants this morning. We have an excellent group of witnesses, each of whom has strong feelings about the Constitution and each of whom has given considerable thought to the issue before us.

Therefore, without further delay, we will call on the Honorable Charles Mathias, U.S. Senator from the State of Maryland, the sponsor of one of the two bills before us. We express our appreciation for the leadership you are showing in this area, as you have in many areas, and turn the time over to you now, Senator Mathias. STATEMENT OF HON. CHARLES McC. MATHIAS, JR., A U.S. SENATOR FROM THE STATE OF MARYLAND

Senator MATHIAS. Thank you very much, Mr. Chairman.

I have a statement, and I would ask consent that my statement may be included in the record.

Senator HATCH. Without objection it will be included in the record in full at the completion of the oral testimony.

Senator MATHIAS. I will comment briefly on the legislation.

I would really like to say just a few words about the purpose of this legislation-why it is not only a good idea, but why it is necessary.

There was for a long time in the United States a school of thought that the Convention of 1787 was inspired by divine intervention and that, in fact, some sudden inspiration came upon the delegates to that convention and invested them with a kind of superhuman knowledge that enabled them to write the great contract which we call our Constitution.

I think most of us believe that there is divine guidance in most human activity, so I would not say that there was not divine intervention at Philadelphia. However, the fact is that the forging of the Constitution was the work of human beings. It was the work of human beings who were able to do that job because they were prepared to do it and because they knew the experience of the human race in dealing with problems of government, authority, power, and conflict. They were able to distill their knowledge of the history of mankind in a way that resulted in the provisions of the Constitution.

They had obviously read Herodotus who described the principle of the independence of judges-the lifetime appointment of judges so that they could render impartial judgments-which was a practice among the ancient Persians. They had read the "Spirit of the Laws" by Montesquieu. They knew Locke; they knew all of the great authors of both political theory and historical fact.

It is as the result of their knowledge and their preparation that we have a Constitution.

It is, as the chairman said, a great Constitution; but it is not a self-executing contract. It has to be implemented day by day by the men and women of the United States of America. It has to be executed by each generation.

We cannot implement the Constitution in the spirit in which it was written unless our knowledge of it is as intimate as the knowledge of the members of the Constitutional Convention.

We cannot execute the provisions of the Constitution unless we understand the underlying principles which were so familiar to the framers of the Constitution.

Issues present themselves which demand resolution against the framework of the Constitution. We will be inadequate to the job of resolving those issues unless we know as much about the Constitution as the delegates to the Convention who wrote it.

Therefore, on Constitution Day it is vital that we stimulate interest-not only in the words of the Constitution and in the provisions of the Constitution but in its origins and antecedents and its spirit. That really, Mr. Chairman, is the purpose of this bill.

Senator HATCH. Thank you, Senator Mathias.

As you know, I have introduced a bill relevant to this issue, which is before your Rules Committee. Senate Resolution 84 would require that all bills and resolutions introduced in this body contain a statement of constitutional authority. Do you have any views on this?

Senator MATHIAS. It might reduce the volume of legislation, Mr. Chairman.

Senator HATCH. Then I think it appropriate to recommend that the Rules Committee report Senate Resolution 84 out.

Senator MATHIAS. We will give it prompt consideration. Senator HATCH. Thank you, Senator Mathias. I would further question you, however, I know that your schedule is a busy one. Senator MATHIAS. Before I leave, Mr. Chairman, let me just say that you can anticipate a useful and pleasant experience this morning because you will have several Marylanders appearing before

you.

One, in particular, Ms. Marna Tucker, is a lawyer and a member of distinction of the Maryland bar whom I particularly commend to the committee.

Senator HATCH. Thank you, Senator. I appreciate your being here.

[The prepared statement of Senator Mathias follows:]

PREPARED STATEMENT OF SENATOR CHARLES MCC. MATHIAS

MR. CHAIRMAN, I WELCOME THE OPPORTUNITY TO APPEAR TODAY AS THE SENATE JUDICIARY SUBCOMMITTEE ON THE CONSTITUTION BEGINS ITS EXAMINATION OF PROPOSALS, INCLUDING MY OWN, S. 477, TO COMMEMORATE THE BICENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES. IT IS ESPECIALLY FITTING THAT THESE HEARINGS SHOULD BEGIN TODAY ON THE 194TH ANNIVERSARY OF THE SIGNING OF THE CONSTITUTION BY THE DELEGATES TO THE CONSTITUTIONAL CONVENTION.

ON SEPTEMBER 17, 1787, THE DELEGATES TO OUR CONSTITUTIONAL CONVENTION MET IN PHILADELPHIA FOR THE LAST TIME. THEY HAD COME TO PHILADELPHIA IN MAY OF THAT YEAR TO REVISE THE ARTICLES OF CONFEDERATION. WHEN THEY ASSEMBLED ON THIS DATE, 194 YEARS AGO, HOWEVER, IT WAS NOT A REVISION OF THE ARTICLES THAT WAS BEFORE THEM FOR THEIR SIGNATURES, BUT AN ENTIRELY NEW NATIONAL CHARTER.

WITH THE PASSAGE OF TIME, THE MIRACULOUS ACHIEVEMENT OF THE FOUNDING FATHERS HAS BECOME APPARENT; THEY HAVE BEEN VINDICATED FOR TAKING SWEEPING ACTIONS THAT, FROM LESSER MEN, WOULD HAVE BEEN ULTRA VIRES. BUT AT THE TIME THE DELEGATES GATHERED TO APPEND THEIR SIGNATURES TO THE PROPOSED CONSTITUTION THE SUCCESS OF THEIR ENDEAVOR WAS FAR FROM CERTAIN. IN FACT, DOUBTS EXISTED AMONG THE DELEGATES THEMSELVES. THREE OF THEM, EDMUND RANDOLPH, ELBRIDGE GERRY AND GEORGE MASON, STATED THAT THEY COULD NOT IN GOOD CONSCIENCE GIVE APPROVAL TO THE PROPOSAL AND THEY LEFT THE CONVENTION WITHOUT SIGNING. OTHERS SIGNED, BUT VIEWED THE CONSTITUTION AS A STOPGAP MEASURE, FULLY EXPECTING THAT ANOTHER CONVENTION WOULD BE CALLED IN THE NEAR FUTURE. DESPITE THESE DOUBTS, THE CONSTITUTION WAS SIGNED BY ALL THE REMAINING DELEGATES ON SEPTEMBER 17, 1787 AND SENT ON TO THE INDIVIDUAL STATES FOR RATIFICATION.

THE OVERALL MOOD OF THE DELEGATES, AS THEY COMPLETED THEIR
WORK IN PHILADELPHIA, WAS PERHAPS BEST REFLECTED BY BENJAMIN
FRANKLIN:

SIR, I AGREE TO THIS CONSTITUTION WITH ALL ITS
FAULTS, IF THEY ARE SUCH; BECAUSE I THINK A GENERAL
GOVERNMENT NECESSARY FOR US, AND THERE IS NO FORM

OF GOVERNMENT BUT WHAT MAY BE A BLESSING TO THE
PEOPLE IF WELL ADMINISTERED,
I DOUBT TOO WHETHER
ANY OTHER CONVENTION WE CAN OBTAIN, MAY BE ABLE TO
MAKE A BETTER CONSTITUTION. FOR WHEN YOU ASSEMBLE
A NUMBER OF MEN TO HAVE THE ADVANTAGE OF THEIR JOINT
WISDOM, YOU INEVITABLY ASSEMBLE WITH THOSE MEN, ALL
THEIR PREJUDICES, THEIR PASSIONS, THEIR ERRORS OF
OPINION, THEIR LOCAL INTERESTS, AND THEIR SELFISH

VIEWS. FROM SUCH AN ASSEMBLY CAN A PERFECT PRODUCTION
BE EXPECTED? IT THEREFORE ASTONISHES ME, SIR, TO FIND
THIS SYSTEM APPROACHING SO NEAR TO PERFECTION AS IT
DOES; THUS I CONSENT, SIR, TO THIS CONSTITUTION
BECAUSE EXPECT NO BETTER, AND BECAUSE I AM NOT SURE
THAT IT IS NOT THE BEST.

THE DELEGATES NEED NOT HAVE WORRIED OVER THEIR FINAL PRODUCT. TIME HAS PROVEN THAT BENJAMIN FRANKLIN AND HIS COLLEAGUES IN PHILADELPHIA DID THEIR JOB SUPERBLY WELL. THEY PERFORMED THE MONUMENTAL TASK OF PRODUCING OUR CONSTITUTION, A DOCUMENT WHICH WAS INTENDED TO "ENDURE FOR AGES TO COME AND CONSEQUENTLY BE ADAPTED TO VARIOUS CRISES IN HUMAN AFFAIRS." AND, AS CHIEF JUSTICE MARSHALL FORESAW, IT HAS ENDURED. IN FACT, JUST SIX YEARS FROM TODAY THIS NATION WILL COMMEMORATE THE 200TH ANNIVERSARY OF THE SIGNING OF THE CONSTITUTION. IF WE ARE TO HAVE AN INTELLIGENT AND THOUGHT-PROVOKING COMMEMORATION OF THE BICENTENNIAL OF THE CONSTITUTION, IT IS URGENT THAT WE LAY THE GROUNDWORK IMMEDIATELY. OUR TASK

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AND THERE IS NONE MORE IMPORTANT

IS TO DEVISE AN EFFECTIVE VEHICLE FOR PLANNING AND COORDINATING THE TOTAL EFFORT AND ALSO TO DETERMINE WHAT ROLE THE FEDERAL GOVERNMENT SHOULD

PLAY IN THE OBSERVANCE.

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THE BICENTENNIAL OBSERVANCE PROVIDES AN OCCASION FOR ALL AMERICANS TO REFLECT UPON THE UNPARALLELED ACHIEVEMENT OF OUR FOUNDING FATHERS IN DEVELOPING THIS UNIQUE DOCUMENT OUR RICHEST INHERITANCE AND OUR LEGACY TO THE FUTURE. I HOPE THAT WE WILL BE ABLE TO TRANSCEND THE MERE COMMEMORATION OF HISTORIC EVENTS AND STIMULATE PUBLIC THOUGHT AND DISCUSSION ON THE CONSTITUTIONAL ISSUES OF CONCERN TO THE FUTURE OF OUR COUNTRY, AND ON OUR CONSTITUTIONAL SYSTEM, AND TO EXAMINE THE IMPLICATIONS OF THE TECHNOLOGICAL AGE FOR AMERICAN FREEDOM AND DEMOCRACY. THE BICENTENNIAL PERIOD GIVES US AN OPPORTUNITY TO RAISE THE LEVEL OF THE AMERICAN CONSCIOUSNESS ABOUT THE FUNDAMENTAL IMPORTANCE OF THE PHILADELPHIA CONVENTION AND THE CONTENT AND

MEANING OF THE CONSTITUTION. IF THE EXPERIENCE WITH THE
BICENTENNIAL OF THE DECLARATION OF INDEPENDENCE IS ANY GUIDE,
THERE IS SURELY A NEED TO PROVIDE LARGE SEGMENTS OF THE GENERAL
PUBLIC WITH A REFRESHER COURSE IN THE SIGNIFICANCE OF THE DATE
1787 AND OF THE CONSTITUTION ITSELF. JUST PRIOR TO OUR
BICENTENNIAL CELEBRATION IN 1976, A SURVEY CONDUCTED BY A 7TH
GRADE BICENTENNIAL STUDY CLASS IN PHOENIX, ARIZONA, REVEALED
THAT OF ALMOST 3,000 ADULTS QUESTIONED, LESS THAN HALF COULD
IDENTIFY A FAMOUS QUOTE FROM THE DECLARATION OF INDEPENDENCE.
SOME ATTRIBUTED IT TO EDGAR ALLAN POE, OTHERS THOUGHT IT CAME
FROM THE BIBLE, THE BOY SCOUT OATH, PATRICK HENRY, ABRAHAM
LINCOLN, OR JOHN F. KENNEDY. I TREMBLE TO THINK WHAT A SIMILAR
SURVEY WOULD REVEAL ABOUT OUR KNOWLEDGE OF THE CONSTITUTION.
I AM CERTAIN THAT THE AMERICAN PEOPLE WOULD BE WELL SERVED IF,
OVER THE NEXT SIX YEARS, WE REEXAMINE THE CONTENT AND HISTORY
OF THE CONSTITUTION AND REVEAL IT AS A LIVING, VIBRANT DOCUMENT,
AND NOT SOME ARCANE VESTIGE OF A PAST OUTGROWN.

I BELIEVE THAT CONGRESS HAS A RESPONSIBILITY TO ENACT
LEGISLATION TO HELP INSURE THAT SUCH A COMMEMORATION OF THE

BICENTENNIAL OF THE CONSTITUTION COMES ABOUT. FOR THE PAST
SIX YEARS, I HAVE BEEN SPONSORING LEGISLATION TO ACHIEVE THAT
PURPOSE. DURING THE 94TH CONGRESS, I MADE TWO ATTEMPTS. ON
MARCH 7, 1975, I INTRODUCED S. 1006 IN WHICH I TRIED TO EXTEND
THE AUTHORITY OF THE AMERICAN CONSTITUTION BICENTENNIAL COM-
MISSION THROUGH 1989 TO ENCOMPASS THE CONSTITUTIONAL ERA AS
WELL. MY SECOND BILL, S. 3100, INTRODUCED A YEAR LATER, WOULD
HAVE EMPOWERED A 15-MEMBER BOARD, APPOINTED BY THE PRESIDENT,
TO SUPPORT PROJECTS DESIGNED TO IMPROVE OUR UNDERSTANDING OF
OUR CONSTITUTIONAL HERITAGE. MEANWHILE, WE HAVE LOST VALUABLE
TIME. NOW, BASED ON THAT EXPERIENCE AND FURTHER CONSULTATION
AND REFLECTION, I HAVE CONCLUDED THAT WE NEED AN APPROACH THAT
WILL INVOLVE A BROAD SPECTRUM OF INTERESTED INDIVIDUALS AND
PROFESSIONAL, CIVIC, HISTORICAL, RELIGIOUS, AND SOCIAL ORGANIZA-
TIONS OF ALL SORTS. IN CELEBRATING THE BIRTH AND EVOLUTION

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