Skip to content
Search

Latest Stories

Top Stories

Let’s celebrate our unnatural Constitution

Let’s celebrate our unnatural Constitution
Getty Images

Kelly is the Vice President of Civics Initiatives at the Jack Miller Center , a nationwide network of scholars and teachers committed to advancing the core texts and ideas of the American political tradition. He is a graduate of the University of Chicago and earned his JD at the University of Notre Dame.

“Our kids don’t know the Constitution.” It’s a complaint I hear a lot as I oversee teacher education programs for my organization the Jack Miller Center (JMC). But what if “knowing” the Constitution requires more than knowledge of what’s in it?


Recently, with partners at Sphere Initiative and Lou Frey Institute, we hosted more than 60 Florida social studies teachers and curriculum supervisors for a Civics Summit at the University of Central Florida. Sessions focused on the Florida Civic Literacy Exam which requires familiarity with foundational principles and texts and a deep understanding of the Constitution.

Together we studied Congress’ enumerated powers, the necessary and proper clause, and the amendment process—but it wasn’t any of these constitutional provisions that seemed to most resonate with teachers. Instead it was the ideas not explicitly stated but essential to our Constitution—akin to what Danielle Allen describes in her book Talking to Strangers as “customary habits of citizenship” and “unspoken norms of interaction” that underlie our Constitution. JMC partner professor Alberto Coll detailed some of these unspoken customs in one session: a belief in the corruptibility of human beings—men are not angels to paraphrase James Madison in Federalist 51; the importance of separation of powers, and particularly judicial independence; a belief in natural rights—rights that we have inherently as human beings that are “endowed by our Creator.”

And yet, despite its foundation in natural rights, Professor Coll reminded the audience that if we look at human history our system of government can hardly be described as natural. The regular course of affairs is that “might makes right,” that as Thucydides observed “the strong do what they can, and the weak suffer what they must.” The natural condition of man is tyranny.

The genius of our Constitution is not that it assumes the opposite—that man is by nature good—but rather that it resists man’s natural corruptibility through a complex arrangement of institutions. The counterbalancing of these institutions make freedom possible. Over the course of the day it became clear that the Constitution does not so much create freedom, as allow it to flourish.

In the eight years that I’ve been involved in middle and high school civics and history, when it comes to constitutional education, this broader view of our nation’s charter is what is most lacking—we’re missing the forest for the trees. JMC partner professor Greg Weiner alluded to this several years ago in a piece he wrote titled “ This Constitution Day, Teach the Whole Document.” His point was that too often constitutional education in K-12 and the undergraduate level focuses on the Bill of Rights, to the exclusion of the seven articles that make up the body of the Constitution. He’s not wrong about this. A recent RAND study showed that teaching rights and responsibilities ranks significantly higher among teacher civic education priorities than teaching the political institutions that make up the body of the Constitution.

But it’s not just that teachers need to address the whole document. Teachers need to help students consider the unwritten ideas, the ideas that the document assumes. After all, ours is the shortest constitution in the world—it assumes a lot.

During our civics summit for Florida teachers I closed out a panel discussion on the Constitution by asking whether the anti-federalist critique of the Constitution—that the expanded republic contemplated by the document would inevitably undermine civic virtue—was correct. We didn’t have time to dig into that question, but several teachers nodded along. It’s a critique that I’ve heard a number of times over the years—our Constitution doesn’t do enough to encourage civic responsibility.

It's perfectly natural to think of the Constitution as a complete, one-stop shop for civic and political life in America, including the expected behavior and conduct of citizens. Efficiency and good government would seem to require a central plan around which our lives can be organized. But ours is an unnatural Constitution. As Yuval Levin has explained, it aims not for efficiency but for unity amid diversity. It is not a totalizing framework, but one that makes space for most of political and social life to be determined outside its specific provisions. Civic responsibility must be derived from other sources.

With Jack Miller Center teacher programming, we try to help teachers look beyond the usual Supreme Court precedents. Before we jump into the Bill of Rights, before the articles, before even the preamble, our programs discuss the vision of government and society not spelled out in the document. This Constitution Day let’s celebrate what’s left out of our Constitution and the freedom it implies—let’s celebrate our unnatural Constitution.


Read More

Digital illustration of robot's hand holding and supporting man who is working on his desk using computer, represent themes of artificial intelligence (AI), the future of work, and the intersection of humanity and technology.

Universal basic income would cost trillions. Wage insurance, a bigger child tax credit, and a tax break for work could help workers left behind by AI at a fraction of the price.

Andriy Onufriyenko / Getty Images

AI’s Costs: The Human Element & the Response

The age of AI will be a revolutionary age. In medicine, engineering, and more, there is the possibility of great benefit to humanity. Consider some Wall Street Journal headlines: “The Quest to Use AI to Help Find New Drugs,” and “Fusion Startup Gets an AI Boost.” Already, AI is a substantial portion of GDP growth.

Yet a rising tide will not lift the boats with holes in their hulls, as Jack Kemp once said. Artificial intelligence is challenging our leaders to think about those possibly left behind. Within the AI community itself, Anthropic CEO Dario Amodei expresses concern that we could see 5-10% GDP growth with 10% unemployment.

Keep ReadingShow less
Social Security card, treasury check and $100 bills

A Social Security inspector general found $1 billion in improper SSI payments tied to earnings alerts left unresolved for two years. Here’s what went wrong.

JJ Gouin/Getty Images

$1 Billion, 733 Days: Inside Social Security’s Improper-Payment Backlog

Social Security's inspector general opened its books this week and found a number that should stop any controller cold: roughly $1 billion in improper Supplemental Security Income payments, made to 333,800 recipients, sitting on top of a backlog the agency has known about for years. The cause was not a hacker, not a sophisticated fraud ring, and not a policy loophole. It was an earnings alert nobody closed out.

Here is how the mechanism actually works, and why it matters more than the headline figure. When a recipient's reported earnings change, the Social Security Administration's system generates an alert flagging that the payment amount may need adjustment. An employee is supposed to resolve that alert, verify the wage documentation, and correct the payment before the gap compounds. The inspector general's office pulled a sample of 100 such cases. Only 20 had been resolved. Sixty-three had gone untouched entirely, left pending for an average of 733 days, just over two years. Seventeen more were marked "cleared" without the wage documentation ever being fully verified, meaning the case was closed on paper while the underlying question remained open.

Keep ReadingShow less
Hands raised in the air, holding each other.​

America’s polarization has closed us off to each other’s humanity. The Golden Rule and the churches may be the way back to common ground.

Getty Images, PeopleImages

Land of the Free, Home of the Brave? How Trump Is Destroying America's Soul

The recent actions by both some Jewish leaders and pro-Palestinian activists against NY mayor Zohran Mamdani are an example of just how far our nation has come from our ideals under the presidency of Donald Trump.

Even with Mamdani's consistent pro-Palestinian statements, he was called a "coward" and a "sellout" because he stood with the Jewish community in remembering the October 7 Hamas attack. Jewish leaders condemned him for his criticism of Israel and Palestinian sympathies expressed in the same breath as remembrance of the attack. But Mamdani understands the connection between the treatment by Israel of Palestinians and Palestinian treatment of Israel.

Keep ReadingShow less