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A "Living" Constitution Is A Dying Constitution
Toogood Reports ^ | January 7, 2003 | Allan C. Stover

Posted on 01/07/2003 9:45:46 AM PST by Stand Watch Listen

Liberals hate our enduring Constitution. They'd rather let the Constitution 'evolve' That way, they can claim their First Amendment rights when they burn the American flag, use foul language over the airwaves, and display pornography disguised as 'art' but rigidly force their agenda on us when they punish 'hate speech' impose affirmative action quotas, and otherwise destroy our unique American way of life.

In an interview with Jim Lehrer at PBS Online before the Presidential election, Al Gore summed up the leftist view of our Constitution: "You know, I believe the Constitution is a living and breathing document and that there are liberties found in the Constitution such as the right to privacy that spring from the document, itself, even though the Founders didn't write specific words saying this, this, and this. . . ." Leftists want our Constitution 'living and breathing' so they can pump their own frankensteinian form of 'life' into it.

Gore would have diluted our Constitutional freedoms by appointing leftist federal judges. Federal judges are those ladies and gentlemen who are charged with protecting our rights but usually just invent new ones to support their leftist agenda.

Gore mentioned a 'right to privacy' a right unmentioned in the Constitution that a leftist U. S. Supreme Court suddenly 'discovered' allowed abortions. PBS Online noted: "And while individual rights are considered the cherished base of U.S. law, the Constitution does not mention the right of 'privacy' anywhere. Justice Harry A. Blackmun, who argued the idea of privacy rights when he penned the Roe v. Wade decision, could not use any specific sections of the Bill of Rights or previous court rulings to explain his argument."

In almost two centuries of our nation's existence, no court until then had ever found an explicit right to privacy in our Constitution, especially as legal justification to overturn state laws limiting abortions, but leftist justices had been working toward the right for years. The Supreme Court in 1973 also found nothing in the Constitution that allowed them to overturn abortion laws, so the justices reached into their bag of tricks and voila! magically pulled out a right to privacy. In his dissenting opinion, Justice Byron White said: "The court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes."

The dangers of disregarding the Founders´ intent become obvious in conflicting court rulings. The 5th U. S. Circuit Court recently ruled that the Second Amendment gives citizens a right 'to privately possess and bear their own firearms.' The leftist 9th Circuit Court (aka 9th Circus Court) in California ruled just the opposite a few weeks later, insisting that their version of a living and breathing Constitution doesn´t give individuals a right to bear arms. The 9th Circuit Court justices are the same scoundrels who ruled that the phrase 'under God' must be removed from our Pledge of Allegiance.

In his classic article, A ‘living´ Constitution? Cal Thomas wrote:

"Gore's view of the Constitution, shared by most political liberals, is one of the most dangerous philosophies of our time. It establishes a class of philosopher-kings who determine the rights of the people and shreds the Constitution as a document that conforms people to unchanging principles that promote their own and the general welfare.

"A 'living" Constitution, notes constitutional attorney John Whitehead, means the Constitution is 'up for grabs' and it becomes whatever the justices decide, not the people through their elected representatives."

In a review for the Delaware State Bar Association, distinguished attorney Richard A. Forsten wrote:

'To allow or provide for an interpretative strategy which would allow the meaning of the Constitution to change over time would mean that the law could change without the people's consent. Madison himself expressed the view that such could not be the case; and, indeed, to allow the meaning to change over time would subvert one of the very purposes for adopting a written constitution.'

If they had their way, leftists, one-world-government advocates, and global-villagers, supported by their cohorts in the judiciary and media, would do just what Madison feared: change the Constitution´s meaning without our consent. Evil people would take away our rights and our freedoms. The Constitution Society observed: 'Any power that can be abused will be abused.'

In 1857, Frederick Douglass said:

'Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.'

Samuel Adams said:

'It does not take a majority to prevail ... rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.'
That minority could be a bunch of influential leftists and their cohorts in the media and judiciary plotting and scheming behind closed doors while we remain otherwise occupied with our families and our lives.

Unless good Americans intervene to protect our Constitution, the America-hating leftists will prevail. They´re already winning in the 9th Circuit's Left Coast jurisdiction. We must become Samuel Adams' 'irate, tireless minority' and fight back against those who would rip up our beloved Constitution. Otherwise, the tyrants will use a 'living and breathing' Constitution to take away our rights and freedoms. All of them.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government
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1 posted on 01/07/2003 9:45:46 AM PST by Stand Watch Listen
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To: Stand Watch Listen; Enemy Of The State
Self Ping.
2 posted on 01/07/2003 9:48:23 AM PST by Enemy Of The State (Never Argue with idiots. They only drag you down to their level and beat you everytime.)
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To: Stand Watch Listen
Good post.

However, I take issue with this:

In almost two centuries of our nation's existence, no court until then had ever found an explicit right to privacy in our Constitution, especially as legal justification to overturn state laws limiting abortions, but leftist justices had been working toward the right for years.

The absurd Roe v. Wade decision harmed this ocuntry in more ways then one. Because of the phrase "right to privacy" that was used, many, many "conservatives" believe that this was a "right" invented by the court, and we as humans have no right to privacy when it comes to private, consentual, non-violent acts by adults. This has lead to the acceptance of a number of government intrusions. Many concervatives are fooled into going along with the intrusions because "right to privacy" to them is a buzzword for the Roe v. Wade decision and an invented right to kill an unborned child(killing someone is not a private act because violence is used).

3 posted on 01/07/2003 9:54:04 AM PST by FreeTally (If its illegal to drink and drive, why are there parking lots at bars?)
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To: Stand Watch Listen
The only part of an "evolving Constitution" that I agree with is the Ninth Amendment:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "

For example, we have the right to travel freely. That being so and the fact that the automobile is indespensible in most people's lives, and that public dollars are spent in building and maintaining the roads, it has BECOME a right to own a car and to drive it where you please. That being said, poor drivers who drive recklessly and drunken drivers may still be punished by temporary suspension of that right.
4 posted on 01/07/2003 9:56:55 AM PST by Blood of Tyrants
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To: FreeTally
ocuntry

Is this part of the Irish anatomy?

5 posted on 01/07/2003 9:57:57 AM PST by Puppage
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To: Stand Watch Listen; OrthodoxPresbyterian; winstonchurchill; P-Marlowe
'To allow or provide for an interpretative strategy which would allow the meaning of the Constitution to change over time would mean that the law could change without the people's consent. Madison himself expressed the view that such could not be the case; and, indeed, to allow the meaning to change over time would subvert one of the very purposes for adopting a written constitution.'

This is an awesome quote.

We do not have a "living" Constitution. We have a changeable constitution....changeable by means of a constitutional process of Amendment.

6 posted on 01/07/2003 9:58:21 AM PST by xzins
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To: FreeTally
The right to privacy is an extension of the right to be secure in our persons, houses, papers, and effects. I take that to mean that it is none of the government's damned business what I have in my house as long as no crime is being committed.
7 posted on 01/07/2003 9:59:28 AM PST by Blood of Tyrants
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To: Stand Watch Listen; newgeezer
After a thousand plus hours in the Bible and many more hundreds of hours discussing and debating what it really means, I must say that I'm just not that impressed with the constitution.
8 posted on 01/07/2003 10:02:55 AM PST by biblewonk
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To: Enemy Of The State
Nice article. I'm irate, so are others here. I'd like a lot more focus at FR on the core issue of "Restoring our Constitutional Republic" and less on celebrity news, shootings, and other non-political stuff. Thanks for a super ON TOPIC posting. What to do now? Free State Project? I still don't see a better idea.

Electing Republicans and appointing conservative judges. The left may use their 48 Senators to fillibuster. They will certainly grandstand and try to forment like they did with Bork. Remember Bork? They are willing, eager, to Bork 1, 2 or 3 judges. There is nothing they would like more as a run up to the 2004 election. I personally don't think the Republicans can take the heat. Look at the Lott example. I think Bush will pick "middle of the road" justices to avoid the spectical, just like his Dad did. Souter2 from Bush2 anyone?
9 posted on 01/07/2003 10:03:54 AM PST by Jack Black
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To: biblewonk
I must say that I'm just not that impressed with the constitution.

What would you prefer in its place?

10 posted on 01/07/2003 10:16:09 AM PST by inquest
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To: inquest
What would you prefer in its place?

A country with more people enlightened by the Word of Truth.

11 posted on 01/07/2003 10:17:35 AM PST by biblewonk
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To: biblewonk
After a thousand plus hours in the Bible and many more hundreds of hours discussing and debating what it really means, I must say that I'm just not that impressed with the constitution.

The comparison isn't fair. We know that the word of God is living. It is infinitely rich in how it speaks to each of us on so many levels and only as far as we are capable of receiving it.

But, the comparison has some validity. It seems as if the liberals believe the Constitution is "living" and, those of us purists who don't see it their way are simply incapable or unwilling to let it "speak" to us the way it apparently does to them.

Of course, what makes it ridiculous is that the Constitution's writers are long dead. Thus, they aren't speaking to anyone (as far as I can tell ;-).

12 posted on 01/07/2003 10:19:13 AM PST by newgeezer
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To: biblewonk
And would such a country still need a government?
13 posted on 01/07/2003 10:19:36 AM PST by inquest
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To: inquest; newgeezer
And would such a country still need a government?

Yes but that government would be pretty different. Imagine if Clintons and Gores and the Media were not able to manipulate the masses because they could see the truth and discern right from wrong.

The comparison isn't fair. We know that the word of God is living. It is infinitely rich in how it speaks to each of us on so many levels and only as far as we are capable of receiving it.

Yes we know that. I only make the comparison because I often see reverence for the constitution that I wish more people had for the bible. That reverence seems misplaced because like it or not the constitution is utterly subject to the interpretation of lawyers and judges.

14 posted on 01/07/2003 10:26:41 AM PST by biblewonk
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To: Blood of Tyrants
The right to privacy is an extension of the right to be secure in our persons, houses, papers, and effects. I take that to mean that it is none of the government's damned business what I have in my house as long as no crime is being committed.

Exactly and that can't be repeated enough. The Roe v. Wade decision makes otherwise smart "conservatives" think differently, i.e., as long as the government can come up with some "good of society" rationalization, no such right exists.

15 posted on 01/07/2003 10:26:56 AM PST by FreeTally (If its illegal to drink and drive, why are there parking lots at bars?)
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To: Stand Watch Listen
"How would you like to play poker with a living, breathing set of rules ?"

 

Professor Walt Williams

That says it for me.

16 posted on 01/07/2003 10:27:40 AM PST by Howie
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To: biblewonk
Imagine if Clintons and Gores and the Media were not able to manipulate the masses because they could see the truth and discern right from wrong.

Yes, such was the case for a good portion of the country's history, but we still needed the Constitution.

That reverence seems misplaced because like it or not the constitution is utterly subject to the interpretation of lawyers and judges.

What you call a "reverence" is simply a desire to see that the Constitution not be subject to the whims of lawyers and judges - or, shall I say, to see to it that lawyers and judges not bear false witness about said document.

There's nothing sacrilegious about insisting upon the law. Indeed, I believe the Book of Romans (among others) requires it of us.

17 posted on 01/07/2003 10:42:14 AM PST by inquest
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To: inquest; newgeezer
We obviously need some sort of basis for our legal system. We also need a military and a police system.

The constitution, like the Bible, has it's fundamentalists, it's liberals, and it's satanists. Some people hold very close to every word it says, others thing it's really more just a guideline and the third camp is usually in jail.

18 posted on 01/07/2003 10:46:39 AM PST by biblewonk
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To: biblewonk
Yes we know that. I only make the comparison because I often see reverence for the constitution that I wish more people had for the bible. That reverence seems misplaced because like it or not the constitution is utterly subject to the interpretation of lawyers and judges.

I find no less tendency for people to want to interpret the Bible to thier own advantage than for them to do likewise with the Constitution.

19 posted on 01/07/2003 10:50:02 AM PST by tacticalogic
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To: tacticalogic
I find no less tendency for people to want to interpret the Bible to thier own advantage than for them to do likewise with the Constitution.

Sad but true.

20 posted on 01/07/2003 11:13:27 AM PST by biblewonk
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