tlb wrote:I disagree that the only reason that the US Constitution is "basically" the same document is because it is so short. The procedure for amendment is built into the government that it creates; so any amendment added in that way does not change the idea of the Constitution, it still represents what the Congress created. People who have sworn loyalty to the Constitution, do not have to swear anew each time it is amended; even if it were amended 5000 times.
How does it work, when "you swear allegiance to the homeland, as represented by the flag"? Does that mean if a military junta replaces an elected government, you are obligated to follow them; as long as they do not change the flag? Clearly you would oppose them, if you had sworn loyalty to the Constitution.
First came Articles of Confederation which was superseded the by The US Constitution. The Articles were ratified by the 13 original colones in early 1781 -before the the US victory at Yorktown and prior to the Treaty of Paris in 1783 which actually ended the war. [side note- there was a joint US/British commission that operated for several years adjudicating or settling claims of individuals on both sides about property seized etc]
By 1887 it was becoming clear to a number people that the rather weak Articles of Confederation needed to be revised and a meeting was sent for that year in Philadelphia. That fairly quickly- and in secret- became not a conference on trade relations between the States and other issues but a complete reworking into what became the Constitution. A great many of the people who ended up working on the Constitution were the same people who were involved in the original Congressional Congress during the war or had similar experience with the evolving problems of sorting out problems between the states. One of those was each state was conducting its own diplomacy both with other states and on an international basis with other countries. You can see how that would be problem as it also got into the trade tariffs BETWEEN the states as well as each state with foreign governments. Sigh. That's the short version of what was happening
When it was finalized and PRESENTED FOR RATIFICATION to the States- (which required that nine states ratify the proposed Constitution- and then the next round of "discussions" began. That was resolved after much politics and published back and forth in newspapers etc about various limits on the new Federal Government that would be created under the Constitution . That's how the Bill of Rights, the first 10 Amendments, were attached to the Constitution - to delineate and clarify exactly what were the initial duties and purview of the new government and including things that the Federal Government could not do. And that was basically because those people who had rebelled in the 1st place against the British Government and King wanted to be clear about they wanted as rights of individual citizens and prohibitions against an overweening and repressive government. A lot of very smart and experienced people are on both sides of crafting all of this and The Constitutions with those 10 Amendments was ratified. The ability of the government to make laws is laid out along with its basic structure.
What has not changed is that all sorts of people continue to want to interpret (or reinterpret) the Constitution and the Amendments (including the later ones) and so to have it meet their exceptions or wishes. [ok, politics, but within their lifetimes, the people who wrote -or made and were acknowledged as having done so- wrote in great detail about what they meant (exactly what they wrote ) when they crafted all the parts of the document and Amendments.]
However- members of government (and military) take their oaths of allegiance /office/service to the Constitution, not to an individual. The people will change, but it's the Rule of Law under the Constitution that is to be followed.
The oath is to the Constitution and to support and defend it (and its laws), not to an individual like a King.....or President for Life or Junta of Colonels.