Go to Wikipedia or google that phrase and see what you find. Almost any of us political junkies and self-described patriots has heard of the Contract with America. Most of us if asked would point to the 1994 mid-term elections. Again they might refer to Newt Gingrich and the Republican sweep in the house that year. Most of us remember seeing Newt stand up before the podium and check off his items of introduced bills one by one as he kept his promise to the American people. I believe that was a misrepresentation of the truth. It was not a “Contract with America”. It was instead a Contract between the Republican Party and those who put them in office. I believe we have lost sight of the big picture.
However, Can you think of an earlier time when there actually was a true “Contract with America”? You will have to pick up an American history book and turn to the first chapters to find it. If it’s a modern day history book you may not even find it in the reference section. Most people don’t consider it a contract at all, but that is exactly what it is. Hopefully by now you have figured out that what I am talking about is the Constitution of the United States of America. So how is our Constitution a contract? Let’s examine that further.
The only Contract with America since 1789 was the Constitution itself
First we have to ask, what exactly is a contract? Webster’s Dictionary defines a contract as “a : a binding agreement between two or more persons or parties; especially : one legally enforceable”. Does that meet the requirements of the “Contract with America” that Newt promised you in 1994? Was he legally obligated to introduce a single one of those promises that were made? Of course he was not. Popular lexicon had changed the definition. A real contract is legally binding. The only Contract with America since 1789 was the Constitution itself.
So who authorized the original contract negotiation for the people and who had the authority to do so? The answer is the people. The people inherently have all power and authority throughout any land or domain. In our country, the people elected delegates through a well-established democratic process, the representatives from the many States to secure the blessings and liberty for them during the initial contract negotiation process. Today, we call that the Constitutional Convention. (I use the term “the” because there has only been one). The elected delegates or representatives from each State drew up a Contract that allowed for some of the people’s inherent power to be ceded to this new fledgling federal entity for the express purpose of handling the issues that the States, or the people, were not particularly well suited to solve individually. They never intended to give up all of the inherent power of the people and hand it over to the new federal government. We know this to be true because of the limited terms that are clearly present and blatantly expressed in this Contract. This limited contract that was agreed upon actually speaks more about what this new Federal Government can’t do TO the people more than it does what it can do FOR them.
Now that we have established definition of what a contract actually is and who authorized the original “Contract with America” in the first place, we must now consider why it was done and what are the obligations of each party?
The obligation of the Federal Government to the people who created it through this contract is quite specific. The terms are written in the very first paragraph; to “establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. “ You all should recognize those words; for they are the reason for the contract in the first place. The Many States found it clear that individually they could not provide these things for themselves on their own; therefore, they “united” together for a common purpose and established the terms of agreement. So now we know the; who, what, when, why and how this contract came about, we now must consider the obligations and requirements of both parties and understand the what constitutes a breach of contract and the consequences thereof for all parties involved.
Is the “Contract with America” negotiable?
Logically, the next question should be, is the “Contract with America” negotiable? The answer is without question,
YES (notice the bold print here). The contract says several times in several different ways, in bold and in fine print, that the people who created the new federal government shall forever remain the principle party with the ultimate power to alter, negotiate or abolish the terms of use without the consent of other parties involved. The contract is always subject for renegotiation if there is clear evidence of a “breach of contract” by the secondary party. The “Secondary Party” is the Federal Government, which exists solely for the purposes laid out in the first paragraph of the original contract.
The original “Contract with America” was the Constitution of the United States of America
The original “Contract with America” was the Constitution of the United States of America. It was written by the quill and hand of the people and the many States. It was written by them for the express purpose of securing the blessings of liberty and Freedom. The definitions of those who are authorized to negotiate and renegotiate the terms have been expanded as the definition of a “citizen” has expanded. Former slaves, their descendants , women, and people 18 years or older now have a hard won voice at the table. It is no longer exclusive but is instead inclusive of all people within its jurisdiction. This brings us to a final point about the obligations of the “People” within this contract.
Since it has clearly been established that the Federal Government exists because of a contract created by the people, it is inherently clear that the people must also have some kind of obligation required of them to fulfill their duty within this contract as well. The people are the stewards of the Government, for it is they who created it in the first place. The Government is not the steward of the people, for it is powerless without them. The obligation of the people is to rightly and justly guide their creation, to constantly check its desire for power and to prevent it from violating the exact terms of the agreement for which it was created to protect. It is as much the people’s obligation as it is the Government's obligation to “establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. “
Respectful I Remain
Your Humble Servant,
Christopher S. Watson
Texas and American citizen
Christopher S. Watson, retired military after 18 years of service and 3 combat tours. However, I have never forgotten my oath. I tip my hat to all those who serve or have served before me and more especially so towards those who gave the last full measure for Freedom. 
