Is The Constitution A Contract?
Many have stated that it is a Contract. Others have argued that it is not.
So here I will present the definitions and follow through with the logic and you can decide for yourself if the Constitution is or is not a Contract and just exactly who the contract is between.
Constitution:
The fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers.
A legislative charter by which a government or group derives its authority to act.
In its ideal form, a constitution emanates from the consent and will of the people whom it governs. Besides establishing the institutions of government and the manner in which they function toward each other and toward the people, a constitution may also set forth the rights of the individual and a government's responsibility to honor those rights.
Different forms and levels of government may have constitutions. All 50 states have constitutions, as do many countries including Japan, India, Canada, and Germany. It is also common for nongovernmental organizations and civic groups to have constitutions.
Ok so we have that it is a document/charter ( we will have to look at those word more) that establishes the character of the government. Considering that Ours starts out with we the people then it would be we the PEOPLE not the government that set up this document or charter.
Charter in Blacks Law 4th Edition (p.298):
An instrument emanating from the sovereign power, in the nature of a grant, either to a whole nation, or to a class or portion of the people, or to a colony or dependency, and assuring to them certain rights, liberties, or powers.
Fotenote: A charter differs from a constitution in that the former is granted by a sovereign, while the later is granted by the people themselves.
So here we see that a charter is an instrument we will get to that definition in after we look at document in Blacks Law. We will be looking particularly at Public Documents definition as that is the one that would apply to the Constitution.
Public Document Blacks Law 4th Ed. (p.568)
A state paper, or other instrument of public importance or interest, issued or published by the authority of congress or a state legislature….
So here we have that instrument word again. An now they have tossed in the word AUTHORITY which under both the Articles of Confederation and the Constitution the congress is granted to act in OUR authority. So let us go look at that word Instrument now.
Instrument via B.L 4th Ed. (p. 941)
A written document, or a formal legal document in writing such as a CONTRACT, deed, will, bond, or lease.
What is that very first one? Did they say CONTRACT? I don’t think that deed, will, bond or lease, apply to the Constitution. Since the Constitution applies to more than the passing of land or goods or securities or leases. It has in it the frame work of establishing what rights are to be viewed amongst the people as not to be infringed by anyone including the government and it also establishes the rules in which the corporation called the government is to operate. An then going back to: A charter differs from a constitution in that the former is granted by a sovereign, while the later (a constitution) is granted by the people themselves.
I would have to deduce that under our system the Constitution is a contract between us all and it was entered or granted to each of us by our own individual Sovereign authority.
I guess you will have to judge for yourself if the Constitution is or is not a Contract.
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