Skip to main content

The year that changed the world

By Akhil Reed Amar, Special to CNN
updated 1:53 PM EDT, Wed September 18, 2013
An honor guard stands next to original copies of the Declaration of Independence, the Constitution and the Bill of Rights.
An honor guard stands next to original copies of the Declaration of Independence, the Constitution and the Bill of Rights.
STORY HIGHLIGHTS
  • This week marks the anniversary of the unveiling of the U.S. Constitution in 1787
  • Akhil Amar: Over the following 12 months, America debated the ground rules for a new kind of democracy
  • On voting rights, the U.S. has recently taken backward steps; free speech is flourishing, he says
  • Amar: Constitutional self-government rules half the globe, thanks to U.S. example

Editor's note: Akhil Reed Amar is Sterling Professor of Law and Political Science at Yale, and the author of "America's Unwritten Constitution: The Precedents and Principles We Live By." (2012). This piece was written in association with the Robert H. Smith Center for the Constitution.

(CNN) -- This week we mark Constitution Day, commemorating the electrifying moment on September 17, 1787 when the Philadelphia framers went public with their proposed Constitution.

Over the ensuing year, Americans debated and ratified this audacious plan, and thereby gave birth to a far better world. Let's recall the central features of that year that changed everything so that we can measure how far we have come, and how far we still need to go, to redeem the Constitution's promise.

After its public unveiling in mid-September, the Philadelphia plan was put to a vote across the continent, in a process that let vastly more ordinary folk than ever before in human history decide how they would be governed.

Akhil Amar
Akhil Amar

In most states, standard property qualifications were lowered or eliminated for this special ratification election. New York, for the first time in its history, let all adult free male citizens vote -- no property qualifications, no race tests, no religious qualifications, no literacy tests -- for ratifying-convention delegates who in turn voted yes on the Constitution several months later.

Later generations have nobly built upon this foundation, repeatedly adding the words "the right to vote" in a grand colonnade of amendments promising a permanent end to all sorts of electoral discrimination and exclusions. That's undeniable progress.

But America no longer leads the world in the integrity and inclusiveness of our elections; several states are now shamelessly trying to roll back voting rights; the Supreme Court has renounced a key piece of the landmark Voting Rights Act; and Congress has yet to mend the tattered statute.

Modern American free speech is a happier story, with robust free expression in almost every corner of the land. Here, too, we have 1787-88 to thank, a year when Americans dramatically embodied free speech in the very process of establishing the Constitution. No one was censored that year, and the document's opponents were not forever demonized or voted off the island.

In fact, several of the Constitution's early critics came to rank among the new nation's highest leaders -- for example, President James Monroe, Vice Presidents George Clinton and Elbridge Gerry, and Supreme Court Justice Samuel Chase.

The two camps that had sharply divided over the Constitution's ratification -- the Federalists and the Anti-Federalists -- soon thereafter found common ground in supporting a Bill of Rights. Is it too much to hope that today's polarized parties might learn something from this inspiring example, and try to find something -- anything! -- that they can agree upon?

Perhaps because the Constitution's supporters did not try to muzzle skeptics, these skeptics, when outvoted, acquiesced. In several states, the document squeaked through only by the narrowest of margins -- for example, 30 to 27 in New York.

Yet everyone accepted the basic principle of majority rule, even though the document itself did not explicitly specify this voting rule. Here, too, there are lessons for today.

The entrenched filibuster has made the current Senate a deeply dysfunctional body, yet some senators seem to think that a supermajority-rule system has deep roots in founding principles and practices. These senators are mistaken.

The early Senate followed the principles of 1787-88, and the key principle that year in every single state ratifying convention was simple majority rule. Everyone got to speak; and then votes ensued, and simple majorities prevailed. Period.

Finally, let's note the extraordinary religious inclusion championed by the document first unveiled in mid-September 1787. Unlike most revolutionary state constitutions and the contemporaneous rules generally in place elsewhere on the planet, the Constitution opened its doors to office seekers of all faiths and philosophies.

Last year, three of the four men atop the major party tickets -- Mitt Romney, Paul Ryan, and Joe Biden -- were not members of the mainstream Protestant churches that dominated society at the founding. Today's speaker of the House is a Catholic, the Senate majority leader is a Mormon, and no Protestant sits on the current U.S. Supreme Court.

One is tempted to say, "only in America!" but in fact there are other modern countries that are democratic and religiously pluralist. However, many of these democracies have been powerfully influenced by the American constitutional experience.

Before the Constitution went public in 1787, pluralistic democracy existed almost nowhere on the planet, outside America. Thus it had always been throughout recorded history. Today, constitutional self-government reigns across half the globe, and it does so thanks largely to the legal, political, cultural, moral and military success of the American constitutional project.

In short, the world is becoming more American (and America itself, thanks to trade and immigration, is becoming more global). So we should not say "only in America," but rather "only because of America" -- and in particular, because of America's Constitution and because of the year that changed everything.

Follow us on Twitter @CNNOpinion.

Join us on Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Akhil Amar.

ADVERTISEMENT
Part of complete coverage on
updated 1:33 AM EST, Thu December 25, 2014
Danny Cevallos says the legislature didn't have to get involved in regulating how people greet each other
updated 6:12 PM EST, Tue December 23, 2014
Marc Harrold suggests a way to move forward after the deaths of NYPD officers Wenjian Liu and Rafael Ramos.
updated 8:36 AM EST, Wed December 24, 2014
Simon Moya-Smith says Mah-hi-vist Goodblanket, who was killed by law enforcement officers, deserves justice.
updated 2:14 PM EST, Wed December 24, 2014
Val Lauder says that for 1,700 years, people have been debating when, and how, to celebrate Christmas
updated 3:27 PM EST, Tue December 23, 2014
Raphael Sperry says architects should change their ethics code to ban involvement in designing torture chambers
updated 10:35 PM EST, Tue December 23, 2014
Paul Callan says Sony is right to call for blocking the tweeting of private emails stolen by hackers
updated 7:57 AM EST, Tue December 23, 2014
As Christmas arrives, eyes turn naturally toward Bethlehem. But have we got our history of Christmas right? Jay Parini explores.
updated 11:29 PM EST, Mon December 22, 2014
The late Joe Cocker somehow found himself among the rock 'n' roll aristocracy who showed up in Woodstock to help administer a collective blessing upon a generation.
updated 4:15 PM EST, Tue December 23, 2014
History may not judge Obama kindly on Syria or even Iraq. But for a lame duck president, he seems to have quacking left to do, says Aaron Miller.
updated 1:11 PM EST, Tue December 23, 2014
Terrorism and WMD -- it's easy to understand why these consistently make the headlines. But small arms can be devastating too, says Rachel Stohl.
updated 1:08 PM EST, Mon December 22, 2014
Ever since "Bridge-gate" threatened to derail Chris Christie's chances for 2016, Jeb Bush has been hinting he might run. Julian Zelizer looks at why he could win.
updated 1:53 PM EST, Sat December 20, 2014
New York's decision to ban hydraulic fracturing was more about politics than good environmental policy, argues Jeremy Carl.
updated 3:19 PM EST, Sat December 20, 2014
On perhaps this year's most compelling drama, the credits have yet to roll. But we still need to learn some cyber lessons to protect America, suggest John McCain.
updated 5:39 PM EST, Mon December 22, 2014
Conservatives know easing the trade embargo with Cuba is good for America. They should just admit it, says Fareed Zakaria.
updated 8:12 PM EST, Fri December 19, 2014
We're a world away from Pakistan in geography, but not in sentiment, writes Donna Brazile.
updated 12:09 PM EST, Fri December 19, 2014
How about a world where we have murderers but no murders? The police still chase down criminals who commit murder, we have trials and justice is handed out...but no one dies.
updated 6:45 PM EST, Thu December 18, 2014
The U.S. must respond to North Korea's alleged hacking of Sony, says Christian Whiton. Failing to do so will only embolden it.
updated 4:34 PM EST, Fri December 19, 2014
President Obama has been flexing his executive muscles lately despite Democrat's losses, writes Gloria Borger
updated 2:51 PM EST, Thu December 18, 2014
Jeff Yang says the film industry's surrender will have lasting implications.
updated 4:13 PM EST, Thu December 18, 2014
Newt Gingrich: No one should underestimate the historic importance of the collapse of American defenses in the Sony Pictures attack.
updated 7:55 AM EST, Wed December 10, 2014
Dean Obeidallah asks how the genuine Stephen Colbert will do, compared to "Stephen Colbert"
updated 12:34 PM EST, Thu December 18, 2014
Some GOP politicians want drug tests for welfare recipients; Eric Liu says bailed-out execs should get equal treatment
updated 8:42 AM EST, Thu December 18, 2014
Louis Perez: Obama introduced a long-absent element of lucidity into U.S. policy on Cuba.
updated 12:40 PM EST, Tue December 16, 2014
The slaughter of more than 130 children by the Pakistani Taliban may prove as pivotal to Pakistan's security policy as the 9/11 attacks were for the U.S., says Peter Bergen.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT