Our Dying Constitution

September 6, 2010 11:33

Our Constitution is almost dead. It is being killed by judges who ignore the actual text of the document but find heretofore unknown devices in its “penumbras and emanations.”

By David P. McGinley at American Thinker


‘I do not know what is worse — that a federal judge unilaterally redefined the several millennia old definition of marriage or that constitutional “experts” from both sides of the marriage argument agree that this issue will inevitably be “settled” by Supreme Court Justice Anthony Kennedy.  Thus, one judge (one man) may get to tell over 300 million people how they are to order (or re-order) the very basis of their society.  How did it come to this?’

‘For instance, the “Commerce Clause,” which, inter alia, authorizes Congress to “regulate commerce . . . among the several States . . .” has been redefined to basically no longer even require commerce or require more than one state.  This clause is now interpreted to mean anything “affecting” commerce can be regulated by Congress.  Of course, an argument, tangentially or not, can be made that everything affects commerce in some way.  Accordingly, this limited grant of power has become almost unlimited.  Is it any wonder that members of Congress think they can do almost anything?’

‘A brutal blow to the health of our Constitution was delivered when the court created the “right to privacy.” The court created this from the “Due Process Clause” in the Fourteenth Amendment. That clause states “nor shall any state deprive any person of life, liberty, or property without due process of law . . . .” From this judicial creation, the court has concocted, among other things, the right to abortion. Many are hopeful that the aforementioned Justice Kennedy will create the right to “gay marriage” from there. The Fourteenth Amendment of course was ratified in 1868 specifically to protect the newly freed slaves and the “Due Process Clause” was to ensure that the laws of the United States were applied equally to all. It goes without saying that neither abortion, nor homosexual marriage have anything to do with the Fourteenth Amendment or that clause.’

‘When judges disregard or redefine the plain words of our Constitution or make up things with absolutely no textual support, they render the document meaningless. In keeping with this practice, its proponents have invoked the Orwellian term “living constitution” when in actuality they have put it on its death bed.’


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