The U.S. Constitution - a "living document"?...

You know when I was a stupid Democrat, I first heard the idea of the Constitution as being a "living" document and thought it made sense. Why? Because I had the attitude that the founders were short-sighted and I bought into the idea that it needs to change with the times.

Well, now today I'm not all that much smarter, but as a Republican I started listening the arguments against this concept. And guess what? Damn me if they don't make a hell of a lot more sense. What the hell is a living document anyway? If I enter into a mortgage agreement, does the lender have the right to go in and raise the interest rate just because the prevailing rates went up? Do they have the right to tighten the events of default section just because they are experiencing more collection problems? Do I have the right to put off a month's mortgage payment just because I decide that I need the money for something else? (Just ignore that due date thing, it's just a "guideline"). The answer to all the questions is "NO".

A document is what it is and the framers intended it to be changed only ONE way: an amendment. And they purposely made sure that the amending process was a bitch so it could happen only if the majority will of the people felt strongly enough about it. And if a power is not granted to the Federal Government in the Constitution, then it is an issue for the States to decide by their legislatures, which are accountable to the majority will of the people. See a pattern here? A "living" Constitution means simply that a judge can decide that it means exactly what he thinks it means. And, well that's just bullsh*t, plain and simple.

Blue State Conservatives has a great post (with link to Confederate Yankee) that really hits home this argument using a recent speech given by Supreme Court Justice Antonin Scalia.

Go read them. Link them and save them. Use them to put aging ex-Hippie Liberal ACLU types in their place.

Posted by: Gary at 08:54 AM | No Comments | Add Comment
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