Constitution more durable than any monument

The Charlottesville protest struck a chord. The removal of a Confederate monument of Robert E. Lee demonstrated a divided America. It fanned flames of hatred by white nationalists which left one woman dead.

People want to know where the country is headed and why are these Confederate statues so important? It is estimated that nearly 1,500 Confederate statutes dot the United States landscape. Most are located in the South, but it stretches throughout the country. Clearly the monuments pay homage to the Confederacy, and this includes support of slavery.

American slavery was the cruelest form of slavery because families could be sold at a moment’s notice. It not only caused shame, but also dehumanized people. This is a direct and glaring contradiction to the Declaration of Independence written by Thomas Jefferson, a slave owner whose stately mansion is also located in Charlottesville. Yes, the United States is a country of contradictions, and while protests over the removal of Confederate monuments will continue, perhaps another lesson can be gleaned.

The Constitution is the longest-living written governing document in the world. This document has been in place for 230 years and amended just 27 times. The founding fathers provided statutory flexibility which allowed future policy makers to adapt to current times. Why is this relevant to the Confederate monuments case?

If one drives just a few miles past Thomas Jefferson’s estate, one will come to another presidential home, that of James Madison. Madison was the central architect of the Constitution and was insistent that the Bill of Rights, or first 10 Amendments, be added to the Constitution. The Bill of Rights were central because they limited federal power or, in other words, protected people’s rights. Power is a very enticing and dangerous concept and Madison knew it. His Federalist Papers, which were written anonymously as the Constitution was being developed, clamored for a strong centralized government. This was very unusual for a statesman from the South to support such a national effort. However, he knew that unchecked power not could, but would result in mob rule and tyranny.

I do not know if the Constitution can settle the monuments controversy because it leads to so many other questions. Should the statue removal policy extend to slave-owning presidents? What about leaders who massacred American Indians, the original inhabitants of this country?

Just an hour north of Columbus in east Alabama, one will find the site of the brutal Battle of Horseshoe Bend, which was led by Andrew Jackson. What about George Armstrong Custer’s genocidal campaign against American Indians in the Plains States prior to the Little Big Horn? In both cases, men, women and children were massacred. If these monuments are placed in museums, will students go to learn about these historical figures? Either way, securing current and future generations’ liberty and security must extend well beyond the removal of any odious monument.

Perhaps we should direct more attention toward the Constitution. It allows people to seek legal protection. Even when justices turn a blind eye to equality, the Constitution remains open to allow the aggrieved, besieged and oppressed to continue to fight for equality. The 14th Amendment’s equal protection clause has come to serve as a protector for people regardless of race, creed, religion, sexual orientation and beyond.

No doubt, the United States has deep divisive crevices, and Confederate statues reflect an indelible reminder of what people can do with power. However, just as Charlottesville reflects division, anger and distrust, probe a little further and one might find that beneath deep divisions lies a strong constitutional bedrock.

This story was originally published August 27, 2017 at 6:43 PM with the headline "Constitution more durable than any monument."