No, not Bush, but George Washington.  Having spent the past week helping my daughter to study for her US History Regents Exam (for you non-New Yorkers, kids take a test called Regents because they don’t trust local teachers enough to let them prepare their own finals), I’ve had the opportunity to give some thought to the genius of our founding fathers.  I shudder to think what we would have if our “leaders” had to reinvent this country today.

The brilliance of the Constitution is well known.  How many documents endure the way the Constitution has, addressing situations never dreamed of in a way that holds our principals dear to the extent that modern pandering and transitory convenience will allow.

But even the smaller choices, that are now so ingrained in our government, demonstrated a level of foresight that amazes.  Consider George Washington’s choice that he be called Mr. President rather than Your Majesty.  the impact of this on the tone of our public officials is pervasive, though many today would have much preferred the latter, and indeed act as though their election has elevated them to the status of beatification.

What of the tradition (later to be embodied in the 22nd Amendment) of serving no more than 2 terms.  Washington could have been President for life, but he chose to end it after 2 terms, recognizing that any further service would make this budding nation a prisoner of his persona rather than a nation apart from any man.  Would any politician today, filled with his popularity and self-importance, be willing to walk away for the good of the nation.  What self-aggrandizing benefit would they be willing to walk away from today?

And, of course, consider the creation of the cabinet.  The recognition that one man cannot know it all or do it all.  The admission of human frailty and limitation.  The acknowledgment that every man needs the aid of others to make better decisions.  It would be unthinkable today to not have a cabinet, but it would probably be far more desiresable for the purpose of having more plum positions to give away to supporters than to truly seek the advice and counsel of others for the benefit of the nation.

One does not have to agree with all, or any particular one, of our founding fathers to appreciate the miracle that gave birth to this nation.  And so when I read this morning that archaeologists discovered a slave passage at George Washington’s home in Philadelphia, used during his presidency when Philly was the capital, I cringed.  As the discovery of Jefferson’s liaison with Sally Hemmings was used by some to besmirch his memory, I wondered how this piece of news will impact Washington.

While the Constitution and political decisions made by our founding fathers remain as alive and vital to our government today as they did in 1789, their personal lives cannot be taken out of context.  Such matters as slavery, a blight on the founding of our country and a 3/5s disgrace in our Constitution, was still a fundamental element of their society.  They were not perfect in terms of our understanding today.  Of course, it would do well to remember that it took until 1964 to pass the Civil Rights Act, and the impact is still readily apparent to anyone who has the pleasure of driving through any neighborhood where de facto segregation is very much alive and well.  So who are we to be critical, when we still can’t find a way to eliminate the vestiges of slavery.

Remembering the genius of our founding fathers is critical to our appreciating why the United States has a reason to exist.  We were created to be shining light of democracy and fundamental fairness.  Today, we spend far too much time arguing about the exceptions and forgetting the rule.  While lawyers and judges mouth the rhetoric, the basic principals are given little more than lip service as the power of government and intrusion into the lives of citizens grows daily. 

There are always good arguments against allowing basic freedoms as protected by the Constitution, as these nasty little freedoms get in the way of effective government.  But that was exactly why our forefathers deliberately decided to protect them.  Federal judges tend to be quite expert at citing cases in support of their decisions, but I wonder how many reread the Constitution and Bill of Rights from time to time so that they can remember the big rules. Nowhere in the 4th Amendment does it state that people shall be free from unreasonable searches and seizures, unless that would make it inconvenient for the government to arrest, convict and imprison them, in which case the court shall find or create an exception that will render the warrant clause a nullity. 

I hope all judges have children taking the Regents exams in US History, so that they can relive and remember what George Washington, Thomas Jefferson and their contemporaries did for them.