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Translating the Constitution

Week of July 21, 2003

 

            “We the people of the United States – so we can make a country, get along fairly, stay safe, defend ourselves, take care of each other, and make sure we and our children stay free – now write the highest, most supreme law of the United States in this Constitution.” –

            From “Constitution Translated for Kids”

 

            I suppose it had to happen.  We have reached the point where an American document, arguably THE American document, written in English, must be translated so that schoolchildren can understand it.

            Or maybe it’s so teachers can teach it, or because our courts have made “interpret” a bad word.  In any event, author Cathy Travis, a 20-year Capitol Hill staffer, has her heart in the right place: she wants kids to understand the basis of American government.

            When I was in school (a phrase my daughter says makes me seem almost as old as do my musical tastes), this was accomplished by teaching it.  Today the Constitution gets an inch-deep look in some curricula, with too much editorializing and too little instruction.

            Travis has likely doped that out from critiques of her work, perhaps most notably the attacks on her use of the phrase “citizens have the right to own firearms” in her take on the Second Amendment.  That has been the widely accepted view since it was drafted, but is hallucinated away by some who prefer to think of the Constitution as a “living” document.  In this view, the Constitution can be read as desired to suit the whims of the day, no messy amendments required. 

            Travis has reportedly long chaffed at public misunderstanding of the Constitution, but the final straw was the hoo-ha surrounding the 2000 presidential election.  Her hope is that a re-write in contemporary language will lift the mist a bit.

            While I wish her luck, a look at Bible translation is instructive.  Unless one happens to be fluent in ancient Hebrew, Greek, and Aramaic, one has little choice but to read a translation.  Though there are excellent versions available, some are dotted with the personal notions of the translators and even the best can be spun by the reader.

            Archaic language is also a challenge, in both the Constitution and the Bible.  I once heard a Baptist preacher say he used to apologize for reading from the King James Version to nondenominational Christian groups until he heard a country song titled “If the King James Version Was Good Enough for John the Baptist, It’s Good Enough for Me.”  From where I sit the same goes for James Madison’s English and the Constitution.

            I had the opportunity to sit in on an informal give-and-take with a U.S. Supreme Court justice earlier this year.  Pegged a conservative and known for a by-the-book approach, the justice opined that “Constitutional evolutionists” on the Court are always satisfied with their decisions because they feel entitled to insert their own biases.

            Our speaker, on the other hand, claimed a duty to impose the law as written, like it or not.  This was put to a test when the justice became part of a one-vote majority holding that burning the American flag is a protected form of speech, though the jurist finds the practice repugnant.  Adding insult to injury, our speaker’s spouse treated the justice to a cold shoulder that evening, accompanied by a stirring rendition of “Stars and Stripes Forever.”

            Contrary to the “living document” schools of Biblical and Constitutional scholarship, neither really needs much interpretation.  People do it anyway, almost always to ill effect, but the best antidote for Constitutional misinterpretation isn’t more interpretation. 

            Teach it in the language in which it was written, which happens to be the one most of us speak for Pete’s sake.  Punch it up with the life stories of those who wrote it and understanding will come.

 

 

 

 
 

 

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