February 15, 2006

Question to "living document" advocates

If the Constitution is a "living document" which can be changed without amendment based on current social needs, then why did the Founders write it down? The British had (and still have) a 'living Constitution' that wasn't written. Surely if they believed the Constitution was 'flexible' then they would have adopted the British model, wouldn't they?

Danny has more on living document Constitutionalism.

UPDATE: Related from McQ.

Posted by: Rusty at 10:06 AM | Comments (8) | Add Comment
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1 The "living document" theory of the Left is just that, a theory. It is obvious that the Founding Fathers never intended for the Constitution to be changed by the Courts, or why would they have put a mechanism in the Constitution that allows for change. This is just another tactic used by the Left to USURP the Constitution of the United States of America, and it is illegal, no matter what the Left says. We should never have allowed change without using the mechanism for change that exists in the Constitution. And we should allow no more.

Posted by: jesusland joe at February 15, 2006 10:14 AM (rUyw4)

2 >>>...or why would they have put a mechanism in the Constitution that allows for change. There is a mechanism by which the Constitution can be changed-- it's called ammendments. But that process requires popular support-- something the Left has zero hope of ever achieving. Thus their whoring it out to sympathetic judges.

Posted by: Jesusland Carlos at February 15, 2006 10:20 AM (paKD6)

3 Carlos, I hear the Left constantly complaining about Congress giving up its power to the Executive Branch, but in truth the Congress has given up the majority of its power to the Judicial Branch. The Judicial Branch is constantly making law that cannot gain the majority in Congress. This is wrong and is where the Congress has given over even its powers of budget making and taxation. When a federal judge makes another obviously unconstitutional decision, the Congress has the power to remove that judge from office, but how many times has the Congress used that power? The unilateral power grap by the federal judiciary is the least reported event of the last century.

Posted by: jesusland joe at February 15, 2006 10:39 AM (rUyw4)

4 Only 2 of the current supreme court were appointed by democrats. Most people in polls no longer would support even the Bill Of Rights. For instance on the matter of bail for the presumed innocent the founding fathers were rather unambiguous on this matter. For certain they all had grave concerns about empowering the central federal government with too much power. Powers already granted to a "good" executive branch would be difficult to control in a "bad" executive branch. Even if we are certain that this power will be wisely used now who knows about the next regime ?

Posted by: john ryan at February 15, 2006 11:12 AM (TcoRJ)

5 - the burning and unanswered question is whether or not Scalia will go duck hunting with Cheney again??

Posted by: goesh at February 15, 2006 11:16 AM (1w6Ud)

6 Since "perfection" is a lofty and unattainable goal - you have two choices. a "living" constitution subject to the often whims of societal change that fluctuate like the winds - or a contitution written with an ammendment process designed to be demanding and difficult. I'll take #2 John - I can't make any sense out of what you said!

Posted by: hondo at February 15, 2006 11:57 AM (fyKFC)

7 I have fun asking lefties if the Constitution is still a "living document" whenever they start complaining about Bush or the courts doing something they think is unconstitutional.

Posted by: Phillep at February 15, 2006 12:31 PM (Xg00m)

8 "Socialists have always spent much of their time seeking new titles for their beliefs, because the old versions so quickly become outdated and discredited." - Margaret Thatcher

Posted by: b at February 15, 2006 02:32 PM (tWlBT)

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