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,
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 I EXPECT NO BETTER, AND BECAUSE 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 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

OF

OUR CONSTITUTION, AFTER ALL, WE CELEBRATE THE TRIUMPH OF A
PHILOSOPHICAL ORDER THAT NOT ONLY ACCOMMODATES BUT NURTURES
DIVERSITY. I THINK IT PROPER AND RIGHT THAT OUR CELEBRATIONS
REFLECT THIS RICH DIVERSITY.

THE FEDERAL GOVERNMENT CAN COORDINATE SUCH AN OBSERVANCE
BY PROVIDING A CLEAR PURPOSE AND GUIDELINES FOR THE OCCASION.
MY BILL S. 477 DOES JUST THAT. BASICALLY IT WOULD:

CREATE THE COMMISSION FOR THE COMMEMORATION
OF THE BICENTENNIAL OF THE CONSTITUTION TO
COORDINATE AN OVERALL PROGRAM BY FEDERAL, STATE,
LOCAL GOVERNMENTS, AND PUBLIC AND PRIVATE GROUPS
FOR COMMEMORATING THE 200TH ANNIVERSARY OF THE
CONSTITUTION.

-- PROVIDE THAT THE MEMBERSHIP OF THE COMMISSION
SHALL BE APPOINTED BY THE PRESIDENT AND SHALL
CONSIST OF 23 MEMBERS DRAWN FROM BOTH HOUSES OF
CONGRESS AND OTHER INDIVIDUALS FROM THROUGHOUT
THE NATION WHO HAVE A SPECIAL INTEREST IN A FITTING
COMMEMORATION OF THE 200TH ANNIVERSARY OF THE
CREATION, RATIFICATION, AND IMPLEMENTATION OF THE
CONSTITUTION.

-- REQUIRE THAT THE COMMISSION SUBMIT AN ANNUAL
REPORT TO THE CONGRESS AND THE PRESIDENT ON THE
COMMISSION'S PROGRESS IN ENCOURAGING, PLANNING,
DEVELOPING, AND COORDINATING THE OBSERVANCE AND
NOT LATER THAN MAY 30, 1985, THE COMMISSION SHALL
RECOMMEND TO THE CONGRESS AND THE PRESIDENT AN
OVERALL PLAN FOR FEDERAL OBSERVANCE OF THE BICEN-
TENNIAL OF THE CONSTITUTION.

MANDATE THAT NOT LATER THAN MAY 1, 1991, THE
COMMISSION SHALL FILE A FINAL REPORT DETAILING
THE COMMISSION'S ACTIVITIES WITH AN ANALYSIS OF THE
FUNCTIONS UNDERTAKEN BY FEDERAL, STATE, LOCAL
GOVERNMENTS AND PRIVATE GROUPS FOR THE VARIOUS
COMMEMORATIONS.

MR. CHAIRMAN, I AM CONVINCED THAT MY BILL, S. 477, IS AN APPROPRIATE VEHICLE FOR A THOUGHTFUL AND EFFECTIVE COMMEMORATION OF THE BICENTENNIAL OF THE CONSTITUTION. THIS LEGISLATION, IF ENACTED, WILL HELP INSURE A COMMEMORATION THAT GOES FAR BEYOND MERE FANFARE AND A PROSAIC REVIEW OF HISTORICAL EVENTS. INSTEAD, S. 477 CAN PROVIDE THE FRAMEWORK FOR A DIGNIFIED AND SUBSTANTIVE CELEBRATION OF THE CONSTITUTIONAL BICENTENNIAL, ONE WHICH ENCOURAGES STATE, LOCAL AND PRIVATE INITIATIVE AND PARTICIPATION. BUT, WHILE I BELIEVE THAT S. 477 CAN DO THE JOR, OTHER THOUGHTFUL PROPOSALS ON THIS SUBJECT HAVE ALSO BEEN MADE. THE TASK BEFORE THIS SUBCOMMITTEE IS TO REVIEW ALL OF THE PAST

AND PRESENT PROPOSALS AND RELATED TESTIMONY

AND TO FASHION
A VEHICLE SUITABLE TO COMMEMORATE THE AMERICAN CONSTITUTION
THE DOCUMENT WHICH WILLIAM GLADSTONE, THAT MASTER AMONG
MANY MASTERFUL PRIME MINISTERS OF GREAT BRITAIN, PRONOUNCED
TO BE THE "MOST WONDERFUL WORK EVER STRUCK OFF AT A GIVEN TIME
BY THE BRAIN AND PURPOSE OF MAN."

Senator HATCH. Our next scheduled witness is Gen. William C. Westmoreland. I do not see him present, however.

Therefore we will next call on Prof. Richard B. Morris of Project '87 of the American Historical Association. He is a dear friend of mine, as well as an acknowledged constitutional authority and U.S. historian.

We are happy to have you with us today. We recognize your splendid leadership, not only by the past work you have done in history surrounding the Constitution but in Project '87 as well. We are happy to have you here.

STATEMENT OF RICHARD B. MORRIS, COCHAIRMAN, PROJECT '87, AMERICAN HISTORICAL ASSOCIATION, AND PROFESSOR OF HISTORY EMERITUS, COLUMBIA UNIVERSITY

Mr. MORRIS. Thank you very much, Senator Hatch, for your kind words.

Exactly 6 years from today, our Constitution will be 200 years old. Shall we pay it obeisance, as we did with the commemoration of the American Revolution's bicentennial, and then quickly forget about the significance of the occasion? Or shall we begin now, and it is none too soon, to lay the groundwork for an appropriate observance?

That forthcoming observance, it goes without saying, will appropriately salute a document which has functioned and endured longer than any other written constitution of any nation of the modern era.

The Constitution's endurance is a tribute to its creators, the greatest masters of statecraft this Nation has ever produced.

Aside from deserving a great birthday celebration, the Constitution's bicentennial provides an occasion for enlightening the Nation about a set of ideas and ruling principles that still govern our society, give it internal cohesion, and legitimate its authority as a beacon for free people everywhere.

We saluted Saratoga and Cowpens and next month Yorktownthose great victories of arms by which Americans wrested their independence from the British Empire.

However, the events we are now considering have a much larger dimension. The framing and ratification of the Constitution, the inauguration of the Federal Government, and the adoption of the Bill of Rights constitute a sequence of events, none of which should be considered in isolation.

Rather, they are the culmination of a series of building blocks toward nationhood: Our first Constitution, the Articles of Confederation, the 200th anniversary of whose ratification this March passed with little national notice; the peace with Great Britain of