Jonah Patel
The US Constitution has been described as a conservative document, with some arguing that it safeguards conservatism. The Constitution's preoccupations are more conservative than progressive, with an emphasis on the preservation of property rights and freedom of contract, and little concern for sexual freedom. The Constitution's structure, with its system of checks and balances, also reflects a conservative mindset that seeks to limit the power of the federal government and protect states' rights. This is exemplified in the power dynamics between Congress and the executive branch, with the former taking the leading role in laws regulating private conduct. The Constitution's interpretation has been a point of contention, with conservatives advocating for originalism and textualism, while liberals favour more flexible methods that allow for changing societal standards. The Constitution's compatibility with conservative ideals is further illustrated by the influence of John Adams, considered the intellectual father of American conservatism, and the principles of classical-liberalism that underpin the document.
| Characteristics | Values |
|---|---|
| Defence of liberty | Chief principle |
| Protection of freedom | Reagan opposed abortion and supported prayer in schools |
| Emphasis on the role of Congress | Power to establish a central bank |
| Preservation of property rights and freedom of contract | |
| Protection of sources of virtue | Protecting prerogatives of religious communities, families and citizens' associations |
| Emphasis on popular sovereignty | Longer terms for House and Senate |
| Strict interpretation of the Constitution | Particularly with regard to federal power |
| Emphasis on personal freedom | Contrary social positions on marijuana, abortion and gay marriage |
| Emphasis on the traditional family |
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What You'll Learn
The US Constitution is conservative
The Founding Fathers of the United States, particularly John Adams, are considered the intellectual fathers of American conservatism. The Constitution, therefore, reflects this conservative ideology. The conservative constitution contains provisions designed to restore the leading role of Congress, with longer terms for the House and Senate, and a single, six-year term for the President. This enables political officials to focus more on legislating and less on winning reelections.
Constitutional conservatism, as a school of thought, defends the structures of constitutionalism, enumerated powers, and the preservation of the principles of the US Constitution, with a chief focus on the defence of liberty. This form of conservatism also advocates for judicial originalism. The Constitution presupposes a responsive electorate and a certain level of moderation in securing, preserving, and extending the blessings of liberty.
The Constitution also safeguards the sources of virtue, protecting the prerogatives of religious communities, families, and citizens' associations. It reflects a conservative view of maintaining the institutions of a free society, which requires citizens to exercise a range of excellent character traits.
In summary, the US Constitution is conservative in its original design, with a focus on property rights, freedom of contract, and the preservation of traditional values. The conservative ideology of the Founding Fathers is reflected in the Constitution's provisions, which aim to restore the role of Congress and enable more effective legislation. Constitutional conservatism as a political philosophy seeks to uphold the principles and structures of the Constitution while emphasising the defence of liberty and judicial originalism.
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Constitutional checks and balances
The US Constitution is considered conservative in nature, with its defence of liberty and enumerated powers, and the preservation of its principles. It is also compatible with liberal political victories, but its general tendency is to favour conservatives.
The Constitution contains checks and balances to prevent "pure democracy", which can be hijacked by self-interested and ideological factions that promote their own objectives at the expense of the long-term interests of the whole. The conservative constitution contains provisions designed to restore the leading role of Congress, rather than the executive branch, with respect to the power of the purse and laws regulating private conduct.
The terms for the House and Senate are increased to three and nine years, respectively, and the President serves a single six-year term. Longer terms enable political officials to focus more on legislating and less on winning reelection. These provisions are faithful to the principle of popular sovereignty, in which all power emanates from the people.
Article I, Section 9 gives Congress the power to establish a central bank like the Federal Reserve, independent of direct presidential control. This provision also authorises the bank to issue paper money and provides for the independence of the bank governors.
Constitutional conservatism also involves the federal government providing a social safety net, regulating the economy to some degree, and generally shouldering a share of responsibility for safeguarding the social and economic bases of political equality.
Libertarian conservatism emphasises a strict interpretation of the Constitution, particularly with regard to federal power. It tends to espouse laissez-faire economics and a critical view of the federal government, its surveillance programs, and its foreign military interventions.
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Defense of liberty
The US Constitution is considered conservative in its nature, and constitutional conservatism is a form of conservatism that defends the structures of constitutionalism and enumerated powers, with the preservation of its principles being paramount. Chief among those principles is the defence of liberty.
The defence of liberty is a key tenet of conservatism, and it is reflected in the policies and ideologies of various conservative schools of thought. For example, Reagan's social and foreign policies celebrated the free choices of individuals while safeguarding traditional morality. Reagan opposed abortion, with exceptions in cases of rape or threats to the mother's health, believing that the unborn child had the right to life and liberty. He supported a constitutional amendment to restore prayer in public schools, viewing religion as a nourisher of the spirit of freedom. Reagan's foreign policy also reflected his commitment to liberty, as he opposed Soviet Communism, seeing it as a threat to American freedom.
Libertarian conservatism, a fusion of fiscal conservatism and libertarianism, emphasizes a strict interpretation of the Constitution, particularly regarding federal power. Libertarian conservatives advocate for personal freedom and hold social positions that may contradict those of social conservatives, such as on issues like marijuana, abortion, and gay marriage. They tend to support gun ownership rights, citing the Second Amendment, and favour laissez-faire economics with limited government intervention.
Constitutional conservatism puts liberty first and underscores the importance of moderation in securing, preserving, and extending its blessings. It recognizes the indispensability of a responsive electorate and the principles of the constitutional order. The conservative constitution proposed by the National Constitution Center includes provisions to enhance the role of Congress over the executive branch, with longer terms for House and Senate members to reduce the focus on reelection and encourage legislating.
Paleoconservatism, arising in the 1980s, stresses tradition, particularly Christian tradition, and the importance of the traditional family. Paleoconservatives advocate for restrictions on immigration and a non-interventionist foreign policy. They support a strong military and, like most conservative factions, emphasize the importance of gun ownership rights.
In summary, the defence of liberty is a fundamental aspect of conservatism, and it manifests in various ways across different conservative ideologies. From protecting individual freedoms and traditional values to promoting limited government and strict interpretations of the Constitution, the defence of liberty remains a central tenet in the conservative tradition.
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Religion and virtue
Religion has played a significant role in American politics since the nation's founding. The Constitution's careful balance between religious freedom and secular governance has been a key aspect of American political discourse. The Founding Fathers, many of whom were men of faith or strongly influenced by the Judeo-Christian tradition, deliberately refrained from enshrining any one faith in the Constitution while allowing room for individual religious liberty. This reflected their wisdom in seeking to ensure government neutrality in matters of religion.
The First Amendment to the Constitution, ratified in 1791, explicitly prohibited Congress from making any law "respecting an establishment of religion." This amendment was a response to widespread concerns about the role of religion in the new government and the desire to protect religious freedom. The Founding Fathers understood the dangers of concentrated power and sought to prevent religious oppression by maintaining a separation between church and state.
Despite the formal separation, religion and morality have been seen as foundational pillars in the Founding Fathers' vision for the American republic. John Adams famously stated, "Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other." This sentiment was shared by other founders, who believed that a virtuous and morally grounded citizenry was essential for maintaining a free and stable society. George Washington, for example, emphasized that "virtue or morality is a necessary spring of popular government."
The Founders recognized that a constitution could provide a framework for governance, but it was the citizenry's moral fabric that would ultimately uphold or undermine it. They believed that religious principles were intrinsic to maintaining a virtuous populace, where liberty and public order could coexist. Education was seen as crucial in cultivating virtue and maintaining a well-rounded, morally grounded society. Thomas Jefferson wrote, "No government can continue good but under the people's control; and … their minds are to be informed by education what is right and wrong; to be encouraged in virtuous habits and deterred from vice."
In conclusion, the Constitution's safeguard of religious liberty and the Founding Fathers' emphasis on morality and virtue reflect a conservative approach that sought to protect against tyranny and promote a stable and virtuous society. The interplay between religion and governance continues to shape American politics, highlighting the ongoing relevance of these foundational principles in the nation's political landscape.
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Originalism and textualism
Textualism focuses solely on the text of the Constitution, interpreting it based on the ordinary meaning of the words and phrases at the time of adoption. Textualists ignore factors outside the text, such as the problem being addressed or the intent of the drafters. This approach aims to avoid the messier implications of originalism and is considered more reliable and objective.
For example, in the context of the Fourth Amendment, an originalist interpretation would exclude the protection of electronic communications like emails or internet browsing history, as computers did not exist at the time of the drafting. In contrast, a textualist interpretation would include electronic communications within the scope of the Fourth Amendment, focusing on the understanding of the words "papers" and "effects".
Similarly, when interpreting the Fourteenth Amendment, an originalist would argue that the drafters did not intend to include legal protection for LGBTQ+ individuals, as this was not the common understanding of "equal protection" at the time. A textualist, however, might interpret "equal protection" more broadly, focusing on the text itself rather than the intent behind it.
Despite their similarities, some scholars argue that originalism and textualism are incompatible approaches. Textualism rejects the consideration of "intent" or "purpose" derived from legislative history, while originalism embraces historical sources and legislative history to determine the "original public meaning" of the Constitution. This discrepancy has led to debates about the legitimacy and reliability of these interpretive methods in the legal community.
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Frequently asked questions
Constitutional conservatism is a form of conservatism that is bound by the U.S. Constitution and defends the structures of constitutionalism, enumerated powers, and the preservation of the principles of the U.S. Constitution. The main principle among those is the defense of liberty.
Libertarian conservatism is a fusion of fiscal conservatism with libertarianism. This type emphasizes a strict interpretation of the Constitution, particularly with regard to federal power. Libertarian conservatism is constituted by a broad, sometimes conflicted, coalition including pro-business social moderates, so-called "deficit hawks", those favoring more rigid enforcement of states' rights, individual liberty activists, and many of those who place their socially liberal ideology first.
Constitutional conservatism safeguards conservatism by putting liberty first and teaching the indispensableness of moderation in securing, preserving, and extending its blessings. It presupposes a responsive electorate and emphasizes the renewal of the alliance between social conservatives and libertarian conservatives.
