Monday, January 28, 2013

Progressives Bemoan Their Own Constitution




Last month a law professor from Georgetown University stated the cause of our nation’s woes can be traced to our Constitution.  He believes it is an archaic, idiosyncratic, and evil document.  This professor of 40 years bemoans our dysfunctional system.

Here is an excerpt from his New York Times op-ed:

Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse. Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.

As someone who has taught constitutional law for almost 40 years, I am ashamed it took me so long to see how bizarre all this is. Imagine that after careful study a government official — say, the president or one of the party leaders in Congress — reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?

It never fails.  A liberal always has to denigrate our founding.  Yes, these were men of property.  And yes, they were white and some did own slaves, but not all of them.  Many were against the institution of slavery and did their best to stop it.  But that somehow gets lost in the ranting of the lunatic left.  And as far as making changes to that stagnant, archaic document, the Constitution has been amended 26 times, including the 13th which prohibits slavery.  But what difference does that make?  That fact doesn’t fit the narrative of the tenured, Ivory Towered academic who wants a streamlined utopia.  Change must come here and now.  He wants a tyranny of the majority.  But he doesn’t see it that way.    

IN the face of this long history of disobedience, it is hard to take seriously the claim by the Constitution’s defenders that we would be reduced to a Hobbesian state of nature if we asserted our freedom from this ancient text. Our sometimes flagrant disregard of the Constitution has not produced chaos or totalitarianism; on the contrary, it has helped us to grow and prosper.
This is not to say that we should disobey all constitutional commands. Freedom of speech and religion, equal protection of the laws and protections against governmental deprivation of life, liberty or property are important, whether or not they are in the Constitution. We should continue to follow those requirements out of respect, not obligation.

Are we getting that respect today?  I would say we’re not.  The federal government has trampled all over our property rights; freedom of speech, association and religion; and as for life, well Planned Parenthood is a sanctioned government entity.  So, I would agree with the professor that our founder’s principles have been ignored.   I will go even further and state that today’s Constitution no way resembles that of our founding.  This is the Progressives’ Constitution and not the one our founders established.

The professor stated that ignoring our Constitution has allowed us to grow and prosper.  Yeah, we’ve prospered to the tune of $17 trillion in debt.  Of course, he, like so many of his ilk doesn’t see a problem with that.  And this “prosperity” wasn’t due to ignoring the Constitution.  No, this wouldn’t have been possible without the 16th and the 17th Amendments.  We can thank the Progressives for that.  Most notably, the two presidents Mr. Seidman acclaimed in his article.  With the dissolution of States representation in the Senate and a limitless credit line, the utopians have destroyed our founder’s federalist system.  Constitutional commands are damned.  These rascals have destroyed us from within.  And the brilliant Professor Louis Seidman isn’t able to see it.  Too bad that Ivory Tower doesn’t have windows.


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