As summer unfolds, Americans across the land prepare to celebrate one of our most cherished holidays: Independence Day. The Fourth of July, with its brilliant fireworks, parades, and gatherings of family and friends, celebrates annually the principles of freedom, liberty, and independence that define our American identity. The vibrant banners of red, white, and blue fluttering in the breeze, with snappy military bands marching to “Semper Fidelis” or the Washington Post March, remind us of the sacrifices made by our forebears to secure these liberties.
Independence Day is more than just an ordinary holiday. It makes for a vivid American tapestry, woven with the threads of patriotism and national pride that bind us together. From the ringing of the Liberty Bell to the reading of the Declaration of Independence in Philadelphia, to modern-day picnics, barbecues, apple pie, baseball games, and NASCAR races, each moment is steeped in significance and memories for Americans celebrating the day. The explosions of fireworks over the Statue of Liberty and Washington Monument, bursting into the night sky as the ideals of freedom and independence illuminate our lives, echo the battles fought and the victories won by those gone on before us.
Yet, amid the revelry and patriotic fervor, we should also remember a day that, while lesser known, is equally vital to the fabric of our nation: Constitution Day, observed on September 17. Whereas Independence Day marks the birth of our nation, Constitution Day commemorates the birth of the framework that governs it. The United States Constitution, signed September 17, 1787, remains the bedrock of our nation’s history and the centerpiece of the rule of law.
In the 236 years since its signing, the Constitution stands as the greatest document ever written by man to govern the affairs of men. It is a living testament to the wisdom, foresight, and genius of the Founding Fathers, who envisioned a government of the people, by the people, and for the people.
With its seven articles and 27 amendments, the Constitution establishes a great restraining device to protect the freedom of the individual against excessive governmental power. Its multiple checks and balances that restrain concentrated governmental power ensure that no one branch of the government asserts dominating power over the other, and that the individual is safeguarded from an overreaching government.
In the First Amendment alone, five of the 38 fundamental rights in the Bill of Rights are introduced: the freedom of religion, freedom of speech, freedom of the press, the right to petition the government for redress of grievances, and the right to peacefully assemble. From there, through the rest of the Bill of Rights, come more unalienable rights: the right to bear arms, the right to due process and equal protection, and the right to cross-examine witnesses, and to trial by a fair and unbiased jury, among others.
These great rights are not given by the Constitution. They are granted by God and thus the product of divine law. But the Constitution guarantees that by man-made law, these God-given rights are safeguarded and protected for Americans.
In short, the Constitution, with its birthday often tragically overlooked by most Americans, is the greatest freedom document ever drafted by man, in all of human history.
Consider the historical context in which the Constitution was crafted. In the wake of the original Independence Day, the fledgling United States faced the daunting task of forming a cohesive and enduring government. The Articles of Confederation proved insufficient, and the Constitutional Convention was convened in Philadelphia to address these shortcomings. The result was a document that balanced the needs of a strong central government, advocated by Hamilton, against the preservation of individual liberties, advocated by Jefferson and Madison. This delicate equilibrium has endured for over two centuries.
Throughout American history, the Constitution, the centerpiece of our great “American experiment,” has stood as a lighthouse of freedom through times of trial and triumph. During the Civil War, it was the foundation upon which Lincoln defended the Union. In the struggle for civil rights, it became the beacon of freedom that guided Martin Luther King, Jr. and others toward justice and equality. Around the globe, the Constitution remains a rock of freedom in an ever-changing world.
Even this week, as the Supreme Court concluded its summer session, like the tattered flag that flew over Fort McHenry, the Constitution still stands over the nation. In the most recent cases, we are reminded that the great separation of powers between the Legislative and Executive Branches still stands (Trump v. United States), and that no American’s freedom can be taken short of a unanimous jury verdict on every single element of a crime charged (Ramos v. Louisiana).
Through the Constitution, we remember the importance of the rule of law, which is the cornerstone of our republic, ensuring that no individual or branch of government wields unchecked power.
The founders brilliantly understood, and articulated through the Constitution, that the power of the government and the freedom of the individual are antithetical to each other.
And under the Constitution, freedom comes first.
As we celebrate Independence Day with fireworks, barbecues, and heartfelt displays of patriotism, let us look forward to September 17 with the same fervor, excitement, and appreciation. Constitution Day deserves to be elevated to the same level of recognition and celebration as the Fourth of July. Let’s use the day to reflect on the enduring legacy of the Constitution and its role in shaping the nation we are today.
Thus, the nation needs to celebrate two great birthdays: July 4 and September 17. So when September rolls around, let’s again bring out the bands, launch the fireworks, march in the parades, and enjoy the picnics and festivities.
Close the schools. Shut down the government. Come out and celebrate one of the greatest achievements in human history.
In so doing, we re-dedicate ourselves to the great freedom document — the U.S. Constitution — on which we stand.
We need that now, more than ever.
Happy Independence Day!
Don Brown, a former U.S. Navy JAG officer, is the author of the book Travesty of Justice: The Shocking Prosecution of Lieutenant Clint Lorance, The Last Fighter Pilot: The True Story of the Final Combat Mission of World War II, and CALL SIGN EXTORTION 17: The Shootdown of SEAL Team Six, and the author of 15 books on the United States military, including three national bestsellers, and is a Publisher’s Weekly National Bestseller. He is one of four former JAG officers serving on the Lorance legal team. Lorance was pardoned by President Trump in November 2019. Brown is also a former military prosecutor, a former Republican congressional candidate, and a former special assistant United States attorney. He can be reached at donbrownbooks@gmail.com and on Twitter @donbrownbooks.
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