A look at today’s President’s Day is discouraging, but only if you take the Constitution seriously. Today’s standard of what makes an action of the federal government “constitutional” has several different interpretations, all of them flawed.

“Constitutional” means …

— Whatever the U.S. Supreme Court says.

— Those unconstitutional actions that have been accepted as OK by the three branches of government.

— Those actions that have proven popular by the citizens.

Here is a mere sampling of the most obvious violations that have crept continuously into our supposedly “constitutional republic.”

— Undeclared wars. This is not to be confused with acts of reprisal, which are constitutional, and may be defined as a limited or one-time action against an offending sovereign power.

— The loss of specie backed (gold & silver) currency and replaced by fiat based (by order of the government) paper currency.

— National parks, forests, wildlife refuges, monuments, even cemeteries. If they are popular, why not constitutionalize them with an amendment?

— The Departments of Energy, HUD, HHS, Agriculture, Labor, Education and arguably Commerce, Transportation and Interior, when they assume powers that are not clearly defined in regards to interstate commerce, post roads and Indian tribes.

This is only a limited view, because this is President’s Day, not Constitution Day, which is another smoke screen to promote the much abused and misunderstood document. So, who were not our most “constitutional” presidents?

Washington was not. He was under the influence of Hamilton, the precursor of liberalism and more government power. Although he never ascribed to any political party, he is correctly viewed by historians as a Federalist – the “more government” party of Hamilton. By signing the Bank of the United States into law, he committed the first and extremely dangerous precedent of violating the promises assured in Federalist #45 and the 10th Amendment.

Washington as the “Father of Our Country” is not overrated, and deserves all the honors we have heaped upon him. As president, he was an honest, careful but inconsistent chief executive.

Adams was not, violating the 1st Amendment by signing the Alien & Sedition Act into law. Jefferson violated it with the Louisiana Purchase and the Embargo Act. Madison did his part by attempting to introduce a conscription draft for the army. Monroe, Quincy Adams, Van Buren and Jackson played their constitutional fiddles with scratchy tunes that were often barely recognizable.

This brings us to William Harrison, who was elected by the Whig (“more government”) Party, but died one month into his term. And then, at last, we come into contact with our first constitutional president, John Tyler.

And let us note that all of our Mt. Rushmore faces are not there because they wanted to obey the Constitution, but because they were bold in their violations of it.

Tyler was a Whig for only one reason. He was a Democrat, which at this time was the “less government” party, and he knew that Jackson had betrayed the constitution by threatening civil war. He was among those who called him “King Andrew the First” and thus was asked to balance the Whig ticket, for a unity that immediately soured. He would prove unpopular but very constitutional, in the nearly full term he served as president. He vetoed the entire Whig Party agenda of federal subsidies, today known as “corporate welfare,” and utterly uncalled for within the Constitution.

Were there other constitutional presidents? Likely even the best of them can be faulted by the few political and historical pundits who bother to measure “greatness” not by bold action and popularity, but by the document they have sworn to defend, calling upon the Almighty was their Witness. Remember that all these men were, like the rest of us, fallen human beings, and deserve the same mercy that we all hope to receive at our own Judgment.

Here is my short list of most constitutional presidents: John Tyler, Grover Cleveland, Calvin Coolidge.

And the most unconstitutional: Abraham Lincoln, Teddy Roosevelt and Franklin Roosevelt.

And let us note that all of our Mt. Rushmore faces are not there because they wanted to obey the Constitution, but because they were bold in their violations of it. Only Washington likely violated it the least, and of course deserves to be on “The Rock” for his courage, perseverance and complete unselfish devotion in the War for Independence. His refusal to become dictator or king, reluctance to assume the presidency, and refusal of a third term, are a measure of his sincerity.

Jefferson is there, and looking West, because he doubled the size of the country, in a manner he knew violated the Constitution. Teddy is there for his Big Stick policy of imperial ambitions, and Lincoln for saving the Union. He and Jefferson ought to be carved in a wrestling match, for Jefferson completely understood that secession, for good reason or bad, was a Natural Law right.

Tyler knew it too, which is why as an ex-president he joined the Confederacy, after he led an 11th Hour effort to save the Union. Lucky for him there are no equestrian statues to pull down.

So, there you have it – President’s Day.

“I do solemnly swear to faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States.”

And they have all, so far, added, “So help me God.”

Therefore, dear citizens … let us pray.

The views expressed here are those of the author.

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