47 pages 1 hour read

What the Constitution Means to Me

Fiction | Play | Adult | Published in 2017

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Themes

Female Voices and Social Progress

Content Warning: This guide includes discussions about domestic violence, violence/rape against women, incestuous rape, child abuse, human trafficking, and abortion.

As is mentioned numerous times in the play, the founding fathers originally created the Constitution with no inclusion of women’s rights. It would be a long time before the discussion of women’s rights would reach the political sphere, and longer than that before things like domestic violence and abortion rights were a topic of possible relevance. Given this societal and political backdrop, the participation of women and girls on the debate stage is referenced as evidence of—or efforts toward—social progress. When Heidi talks about her competition, she cites her nemesis as another female debater, Becky Lee Dobbler. The play specifically emphasizes how Heidi, as a young woman, competed against other young women, providing the audience with a political discussion lead by and about female voices.

Although the American Legion competition itself isn’t limited by gender, nor are women given any special consideration or separate category, it is a male-dominated group, as evidenced in Heidi’s memory of the Legionnaires. Heidi’s female point of view is made even more revelatory when she also addresses that the American Legion oration contest, which makes up the bulk—if not all—of Heidi’s youthful debate experience, is steeped in patriarchal power systems. For instance, the mission of the competition, as explained by the Legionnaire, is “to develop a deeper appreciation for the U.S. Constitution among high school students and to help them pay for college” (14). Therefore, participants are, from the start, invested in upholding a patriarchal document that was created by and for the benefit of white men. Of course, the document itself is only what it becomes when interpreted by the Supreme Court, but as of 1989, the year that Heidi is trying to inhabit to remember her feelings and experiences, Justice Sandra Day O’Connor was the first and only woman on the United States Supreme Court.

Heidi reflects on her success in these competitions, which no doubt hinged on the earnest love she developed for the Constitution and the sincere joy she felt in having a platform for her voice and opinions. The Legionnaire explains to the audience that the American Legion has, since 1938, given out 3 million dollars in scholarships. Certainly, this is empowering to the young men and women who won those scholarships. Additionally, the practice of oration, debate, and extemporaneous public speaking has led many alums of the contest into careers as politicians and pundits. The Legionnaire offers a presumption of future success for the competitors by asserting that they’ll be “arguing in front of the Supreme Court one day” (15). Still, as an association of war veterans leaning toward conservatism and patriotism, they are pointedly investing in the futures of those who take traditional views on the Constitution. Regardless of Heidi’s initial feelings about the Constitution, competing and winning over time served to reinforce her uncritically positive associations with the document.

Notably, a significant aspect of the American Legion’s efforts to reify support for the Constitution in younger generations is the requirement of making a personal connection. Becky Lee Dobbler did this especially well as she reached into her family’s past to uncover her pioneer grandmother, whose exciting stories of frontier fortitude are the epitome of the ideals that are baked into American mythology. Heidi, on the other hand, has generations of domestic abuse and trauma. She struggles with the cognitive dissonance of praising the Constitution while knowing that it hadn’t protected the women in her family. She describes the Supreme Court case of Jessica Lenahan, which set a precedent solidifying that the justice system has no obligation to intervene and help those who call them, an especially devastating blow to women who, like Lenahan, suffered from domestic violence. While verdicts like this are regressive, Heidi takes these jabs against women’s rights and glaringly highlights them in the play, presenting a persuasive, emotional argument for the audience, changing the narrative of the disempowered female voice.

Keeping with this empowerment, in the second part of the play, Heidi stages a revised version of the debates she took part in as a teen, inviting Rosdely Ciprian or Thursday Williams (on alternating nights) to debate a much larger and more controversial question than would have ever been allowed in Legion Halls: Is the Constitution even worthy of preserving? Before a much wider audience on Broadway than one would expect at any debate competition, these two bright, capable teenage girls are empowered to criticize the Constitution and even imagine something better.

Personal Connections to the Constitution

This core theme is reflected immediately in the play’s title, which tells audiences that this play isn’t just about the Constitution but what the Constitution means to the playwright and central character, as well as what it means to every other person present in the play. In the American Legion oratorical competitions, participants are expected to make an argument about the Constitution, not based on history or historical events but on the personal connections they draw to their own lives. This is difficult for Heidi, who feels uncomfortable with the vulnerability of opening up about the traumatic history of the women in her family, even though it is the most apt personal connection she has. Her relationship with this vulnerability strengthens as she matures, reflecting back on everything she kept to herself in that debate room as a teenager.

Heidi’s connection to the Constitution drastically changes as she ages. At 15 in 1989, Heidi has experienced little in her lifetime that has required her to be cognizant of how the Constitution can give rights and take them away. When she decides to get a birth control prescription just in case she needs it, she has only ever known a world in which birth control is readily available to all women and girls. She was born with the eventual right to vote and has never seen slavery or segregation. Heidi vocally supports abortion rights, but at 15, she sees these rights as separate from her own bodily autonomy, as she expresses her sincere (at the time) belief that she would never have an abortion herself. Notably, she clarifies this to an all-male, all-white audience. It is a detail that is somewhat disconnected from her relationship with the Constitution, but by including this, she displays that she is both in support of the Constitution’s flexibility toward women’s rights while understanding that she must clarify her own feelings to, potentially, appease a more conservative, male audience. It is an unnecessary aside, and regardless of her reasoning for including this detail in her speech at age 15, it highlights the reality that Heidi is speaking to the same demographic historically responsible for limiting and removing these rights. This power imbalance is stark and is made even more drastic by the roleplay involved in the scene. As Heidi answers the question of “What the Constitution Means to Her,” adult Heidi asks the actual live audience to assume the role of her white, male panel of judges. Thus, in her reimagined version of the debate, she recreates the feeling of attempting to identify her relationship with the document to an endless sea of older white men.

Heidi, regardless of this power dynamic, holds her own in the debate room despite her growing conflicted feelings about the US Constitution. To young Heidi, the Constitution is just as full of promise as her own future, and she is in love with the loftiness of its potential. As it is written, the document is highly impersonal, becoming extremely personal when employed and interpreted to make a ruling on what is and isn’t constitutional. Heidi references Dred Scott v. Sanford (1857), which set an appalling precedent declaring that formerly enslaved Black individuals could never become citizens, exempting them from protection under the Constitution and declaring it unconstitutional to ban slavery. To Dred Scott, the decision was exceedingly personal, as the ruling determined that he would remain enslaved. Heidi also discusses the 2005 case of Castle Rock v. Gonzales, in which the ruling determined that the police are not obligated to help crime victims or to even enforce the law. This outcome was intimately personal to the plaintiff, Jessica Lenahan (formerly Gonzales), who was seeking justice for her three young daughters who had been murdered after the police refused to honor a restraining order. As a precedent, this ruling broadly affected every population that was already underserved and even endangered by the police, such as women, people with disabilities, the LGBTQ community, and BIPOC. It was also personal to each American who suddenly became less safe and more likely to be victimized.

For teenaged Heidi, drawing a personal connection requires her to utilize otherwise private family issues that she is still grappling with herself. The Constitution had allowed her maternal great-great-grandmother to immigrate from Germany to the United States, where the right to travel between states protected the trafficker who brought her to Seattle to be a mail-order bride in a city full of men who abused her and others. Her death at 36 was attributed to “melancholia,” without acknowledging that birthing 16 children while trapped in a likely abusive marriage might have been the root issue. Heidi’s maternal grandmother also became imprisoned in an abusive marriage with six children. Heidi struggled to understand why her strong, loving grandmother hadn’t taken the kids and run away, not yet understanding at 15 that trying to leave an abusive spouse is the most dangerous and deadly time for a domestic violence victim, particularly because there are few resources and no guarantee that law enforcement will help or protect them.

When Heidi, at age 21, found herself unexpectedly pregnant, she decided to exercise her right to choose after all and abort. Although abortion was fully legal, Heidi discovered the multitude of ways that it was still difficult to access, all without violating the legal precedent that determined that abortion fell under the right to privacy. Drawing these personal connections demonstrates the vast gulf between what is written on parchment and lived experiences of those who were left out of the Constitution from the start. Because of the flexibility of the document, Heidi clarifies that it can mean many different things to many different people. It is the people in power who ultimately determine legal interpretation, and still today, this demographic remains nearly the same as it was when the document was founded. Heidi’s many experiences that contradict her interpretation of her (and others’) constitutional rights mean very little when she doesn’t hold a position of power.

Actions of Covert Resistance

In the first part of the play, Heidi assesses and exposes the aspects of the Constitution that are not only impeding progress, but also actively creating harm. However, this recognition and critical awareness doesn’t answer the question as to what should be done about it. In the second part of the play, the debate about whether or not the United States should abolish the Constitution and write a new, positive-rights document is ultimately an intellectual exercise arguing over the dream of an overt action that seems unlikely to occur anytime in the foreseeable future. There is no clear path forward from the outcome of the debate, in the event that the proposition is even declared the winner. A massive reorganization of the country’s leadership and structure would be necessary to make space for the creation and implementation of an entirely different document. And as Rosdely points out, abolishing the Constitution wouldn’t abolish the patriarchy, and it seems dubious that a new Constitution written primarily by white men would significantly improve upon the original Constitution, which was written entirely by white men. Progress moves at a glacial pace, assuming that progress isn’t, as Thursday assesses of Heidi’s metaphor of a running woman and her dog, merely an illusion. Abolishing would be dangerous, instantly rolling back the often meager protections that the Constitution does provide. It would mean opening the gates for corrupt politicians to pander to lobbyists for financial gain, disregarding the best interests of the regular citizen. Not to mention, there is the possibility of another civil war.

This issue of how to begin implementing change from a position of disempowerment and without the threat of violence is a question that applies to many difficult situations presented in the play, leading Heidi to the notion of covert resistance. For instance, Heidi’s grandmother was trapped in a violent marriage to a husband who abused her and her six children. The seemingly obvious solution is for her to take her kids and leave, but this bold, overt action is dangerous. As is demonstrated by Jessica Lenahan’s case, when a victim tries to leave, the threat of abuse escalating to murder increases exponentially, and it is unwise to rely on the police to show up. As much as Heidi struggles with blaming her grandmother for failing to remove her children from the house, she learns to recognize her grandmother’s acts of covert resistance, which included acting docile, passive, and placating to her abuser while stashing money under her mattress and making sure her kids were succeeding in school for the sake of having options for their futures. Therefore, her children would get out even if she didn’t. Mike describes his own dangerous circumstance, and the fear and violence he has experienced as a gay man when he went out in feminine-coded clothing. He explains how he began to wear more neutral masculine clothing and kept his sexuality ambiguous when engaging with strangers, both acts of covert resistance.

Covert resistance is often still dangerous, but it makes a victim more likely to survive another day. It usually requires undesirable and unfair compromises, but as Heidi grows up, she realizes that these are sometimes the best route to take in lieu of harm. These safety measures are for the sake of self-preservation, protection against the dangers that the US Constitution fails to address.

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