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The Constitution is Not a “Living, Breathing Document” (Fred fires back at Huck)
Fred08.com ^ | 18 Jan 2008 | Fred Thompson

Posted on 01/18/2008 12:43:08 PM PST by commish

This morning I heard that one of the other candidates commented that the Constitution is a “living, breathing document.”

Frankly, I assumed this came from Senator Clinton or Senator Obama. It is identical to what Al Gore said when he was running for President in 2000, when he said he would look for judges “who understand that our Constitution is a living, breathing document, that it was intended by our founders to be interpreted in the light of the constantly evolving experience of the American people.”

Imagine my surprise when I learned that this statement actually came from my opponent, Governor Huckabee, in an interview with CNN this morning. Now I know Governor Huckabee was talking about amending the Constitution, but I don’t think he understood that he was using code words that support judicial activism.

He does not appear to understand that reliance on the notion that the Constitution is a living, breathing document is precisely the kind of wrong-headed thinking about the Constitution that gave us Roe v. Wade, which legalized abortion across our nation, and Lawrence v. Texas, which decriminalized sodomy.

I do not believe the Constitution is a living, breathing document. I am committed to appointing strict constructionist judges to the bench if I am elected President, strict constructionists who believe the Constitution has a fixed meaning that can be applied to cases that come before the courts today. They do NOT believe the Constitution is a “living, breathing document,” whose meaning, constantly changing with the sifting sands of our culture, can be determined and applied by unelected judges.

I fear that this loose language about our Constitution calls into question Governor Huckabee’s appreciation and understanding of the issue of judicial activism and raises questions as to what kind of judges he would appoint were he to become President.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: conservatism; constitution; election; fma; fred; fredthompson; hla; huckabee; livingbreathing; marriageamendment; originalintent; penumbra; sc2008; scotus; thompson; usconstitution; ussc
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To: Josh Painter

He’s in the race, but, alas, because he speaks the truth and is a true conservative, he’s being blackballed by the liberal media.


121 posted on 01/18/2008 3:27:25 PM PST by nicmarlo (I hereby declare my support for Duncan Hunter. 1/10/08; late to the party, but I have arrived!)
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To: the anti-liberal
I also see a disconnect. I am almost seeing vengeance behavior with those who watched George Bush take the nomination from their favorite candidate John McCain. They are pushing for him to correct a error they see from those “Neocons” who have “ruined” the party with all this “Reagan nonsense.” The way I see it, they are fools then and they are fool now. When you fool someone twice, shame on them.
122 posted on 01/18/2008 3:28:22 PM PST by jonrick46
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To: Theodore R.
"One cannot contribute to a nominee after the convention — all the money then is public-funded."

I wanted to set it in bold so that it would tell those, who are ignorant of this fact, the sad state of affairs we have in the process. How can it be? With all of the Republicans in the field, depleting their campaign war chests fighting each other, they will have little left over after the convention to fight the real enemy. Many like me want to contribute to the nominee for the home stretch. Now, we leave the candidates running on vapors with no way to get the message out when the media has done a work on them.

123 posted on 01/18/2008 3:38:26 PM PST by jonrick46
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To: commish
"...imagine my surprise when I learned that this statement actually came from my opponent, Governor Huckabee..."

It shouldn't surprise any of us.
Huckabee is a pro life liberal, and he has NO business running as a Republican.

124 posted on 01/18/2008 3:56:48 PM PST by jan in Colorado ("It's easier to believe a lie one hears 1,000 times than to believe a fact that one has never heard)
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To: Uriah_lost
"Walking Tall"!

Thanks for posting the link...that was awesome!

125 posted on 01/18/2008 4:00:22 PM PST by jan in Colorado ("It's easier to believe a lie one hears 1,000 times than to believe a fact that one has never heard)
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To: jan in Colorado; jellybean; 2ndDivisionVet; Politicalmom

Update! Here’s the guy that asked the questions in the article:
http://fredfile.fred08.com/blog/2008/quite-the-question/


126 posted on 01/18/2008 4:05:39 PM PST by Uriah_lost ("I don't apologize for the United States of America," -Fred D Thompson)
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To: SuziQ

That would require actual understanding something that seems lacking in Hope Arkansas and the poster you replied to....


127 posted on 01/18/2008 4:07:28 PM PST by Uriah_lost ("I don't apologize for the United States of America," -Fred D Thompson)
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To: commish
He does not appear to understand that reliance on the notion that the Constitution is a living, breathing document is precisely the kind of wrong-headed thinking about the Constitution that gave us Roe v. Wade, which legalized abortion across our nation, and Lawrence v. Texas, which decriminalized sodomy.

He does understand. His record show that he does not mind judges, and Justices, distorting the Constitution in this way.

128 posted on 01/18/2008 4:18:58 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: elpadre; All
The Constitution is like a “plumb line” to a carpenter which keeps the house square and sturdy. By always applying the “plumb line” the structure will not become askew and wobbly.

The same can be said about the Gospel of Jesus Christ - it is the “plumb line” for life.

To take your analogy even further the problem doesn't lay with the original source, it's those who would attempt to redefine and misrepresent it to suit their own ends.

129 posted on 01/18/2008 5:41:39 PM PST by britt reed (It's better to eat crumbs as free man than to eat cake as slave.)
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To: SuziQ
NO doubt the “less pure solution” is politically more palatable to many conservatives...and more pragmatic given that Dems control too many special interest groups. Nevertheless it sickens me and I appreciate Huckabee’s forceful position against this evil.

Nominating justices who may lean pro life is the best solution to a horrible status quo. While Huckabee has proposed the amendment solution, I believe he would also nominate justices to the SC who hold the same values as Thompson’s.

Look...I have supported the Thompson campaign financially...even though he comes across a bit elitist...he needs to stop bashing his opponent and start talking to the average guy. Unless voters get fired up over him...next best is Huckabee...or maybe Romney.

130 posted on 01/18/2008 5:56:18 PM PST by eleni121 (+ En Touto Nika! By this sign conquer! + Constantine the Great)
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To: Uriah_lost
"Pull the teeth of activist judges"
I love it!
131 posted on 01/18/2008 5:56:48 PM PST by jan in Colorado ("It's easier to believe a lie one hears 1,000 times than to believe a fact that one has never heard)
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To: Owen

You can assume what you want to assume...I can disagree and do.


132 posted on 01/18/2008 5:57:18 PM PST by lonestar
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To: commish

A “living, breathing Document”.....Now Huck is sounding like Al Gore.


133 posted on 01/18/2008 5:58:38 PM PST by no dems (FRED THOMPSON: The only Conservative running who can beat Hillary or Obama.)
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To: commish
Algore: jud--ges “who un-der--stan-d tha-t ou-r Cons-ti--tut-ion is a liv-ing, -- bre--at--hing doc-u-ment, that -- it w-as in-ten--ded by ou-r foun--ders to be in--ter--pret-ed in th-e lig-ht of th-e con-stan--tly ev-ol-v-ing ex--per--i--en--ce o-f the Ame-ri--can pe-o--ple.

Algore isn't fit to sell used cars, or even worthless Carbon CreditsTM.

134 posted on 01/18/2008 7:17:02 PM PST by Mr_Moonlight
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To: SuziQ

Amending the Constitution for much of anything is unrealistic, as the nation is so divided. It takes 2/3 of both houses and 3/4 of the states to ratify amendments. Not likely in the Age of Bush and Clinton. So, I don’t see any amendments forthcoming. I also never expected No. 27 in 1992, but that is meaningless because the courts have ruled that COLA’s are not “pay raises”.


135 posted on 01/18/2008 7:51:56 PM PST by Theodore R. ( Cowardice is still forever!)
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To: Mr_Moonlight

Thanks to TN, or he could be finishing up his second term this year.


136 posted on 01/18/2008 7:52:37 PM PST by Theodore R. ( Cowardice is still forever!)
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To: no dems
no dems said: A “living, breathing Document”.....Now Huck is sounding like Al Gore.

If so, I think our Constitution has a fever.

137 posted on 01/18/2008 9:02:09 PM PST by William Tell (RKBA for California (rkba.members.sonic.net) - Volunteer by contacting Dave at rkba@sonic.net)
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To: eleni121

I don’t consider Fred elitist at all. He’s telling the American people what he plans to do about the problems the country has. Some are listening, many aren’t. But then half the country doesn’t even bother coming out to vote. He’s speaking to the half that does.


138 posted on 01/18/2008 9:24:46 PM PST by SuziQ
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To: Owen

Huckabee is likely to be more powerful in the South than McCain. Fred is taking the shine off of him for those voters now, and then he can deliver the coup de grace to McCain later if that’s necessary.


139 posted on 01/18/2008 9:52:04 PM PST by Mr. Silverback (Fred, fry Huck and McCain like a squirrel in a popcorn popper!)
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To: Soliton
So he was talking about the anti-abortion ammendment and the sactity of marriage amendment and Fred understands what he meant, but didn't like the words.

1. Code words are code words.

2. People wouldn't be jumping on this if the guy didn't have so many problems with the Constitution already. He was behind a national smoking ban, for Pete's sake. The whole reason he was even on the subject in this interview was because he had said earlier in the week that we should bring the Constitution in line with God's laws.

140 posted on 01/18/2008 9:54:25 PM PST by Mr. Silverback (Fred, fry Huck and McCain like a squirrel in a popcorn popper!)
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