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.
Man, that was awesome.
You know, the only conservative in the race who hasn’t lost to “uncommitted” in two states?
Hillary is a criminal. If she is the nominee, almost anyone in the GOP will be the lesser of two evils. Don’t fool yourself.
“Living Document is Left-speak for “Dead Letter”.
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Again, he is the only conservative other than Duncan Hunter that remains in the race. I believe there is not much of a difference between Huckabee,Hillary,Romney,and McCain. Unfortunately, most people never check or care about the history the politicians have and do not really know the difference between conservatism and liberalism and it shows in the picks the people make, therefore they will and deserve to suffer the consequences if they vote for liberals in the GOP.
[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'm starting to think that when people say "elitist", they mean he uses words with more than two syllables.
LOL!! You might just have a point there!
This would make more sense if Huckabee had ever said one thing even resembling an attack on McCain's record. It's obvious that Huckabee doesn't have the cash to compete in Super Tuesday (his illegal usage of push polling and soliticing funds for it to the contrary notwithstanding). He is angling for a veep slot under McCain.
Of course, even if he wanted to distinguish himself from McCain the only thing he could say is "I didn't serve in the military."
I would not have nearly so much trouble with the idea of the Constitution being a “living breathing document” IF it were said that it lives and breathes in the cradle of the natural law.
It is conceivable that the Court could find and right to life for the unborn in the Constitution based on the natural law which indeed hold that. It is also conceivable that the Court, if it rejects natural law, could on the basis of “strict construction” say there is no explicit guarantee written or intended for the unborn.
The Constitution was based on the natural law which grew out of the Judeo/Greco/Roman/Christian past. We need people to understand it again.
It was the ONLY basis upon which the Nuremburg trials could convict. It protects against the tyranny of power.
The Constitution of the United States is a written and specific delgation of authority from the People to federal institutions of their creation for their self-government. It is of the nature of a limited and specific power of attorney. Saying that it is a “living document” is like saying a limited power of attorney is flexible and can be expanded to fit new situations through interpretation.
The tenth Amendment says that if the People didn’t delegate a specific authority to the federal government, then they either delegated it to their State governments or they kept it for themselves. Fred is saying there is no such delegation of authority to the federal government over abortion. You have to look to the General Government of the states and their police powers to find it.
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