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To: bourbon
>>I believe that's the point of having a democracy where supposedly the people rule. That, Mr. Scalia, is why I feel a living interpretation of the Constitution is needed at this point in time. I agree that a "living Constitution" may not be a panacea for what's wrong with this country. But it is essentially the best choice. <<

The author of the column ignores the built-in rule of the Constitution instituted to make it "living" or "current" -- the Amendment process -- which eliminates the inherent dangers of a whimsical democracy, the most notable of which is to give too much power to the government in times of turmoil, danger, or when over-populated with busy-bodies in high offices. But in all fairness, he makes common mistakes known from the beginning of our nation. For example, read these paragraphs and excerpts from a 1792 National Gazette editorial by Philip Freneau, titled, "Rules for Changing a Limited Republican Government into an Unlimited Hereditary One":

4. In drawing all bills, resolutions, and reports, keep constantly in view that the limitations in the Constitution are ultimately to be explained away. Precedents and phrases may thus be shuffled in, without being adverted to by candid or weak people, of which good use may afterward be made.

5. [excerpt] . . . it will be particular useful to confound a mobbish democracy with a representative republic, that by exhibiting all the turbulent examples and enormities of the former, an odium may be thrown on the character of the latter.

11. As soon as sufficient progress in the intended change shall have been made, and the public mind duly prepared according to the rules already laid down, it will be proper to venture on another and a bolder step toward a removal of the constitutional landmarks. Here the aid of the former encroachments and all the other precedents and way-paving maneuvers will be called in of course. But, in order to render the success more certain, it will be of special moment to give the most plausible and popular name that can be found to the power that is to be usurped. It may be called, for example, a power for the common safety or the public good, or, "the general welfare." If the people should not be too much enlightened, the name will have a most imposing effect. It will escape attention that it means, in fact, the same thing with a power to do anything the government pleases "in all cases whatsoever." To oppose the power may consequently seem to the ignorant, and be called by artful, opposing the "general welfare", and may be cried down under that deception."

He would be wise to heed this warning from the Father of our Nation: "If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. -- George Washington, Farewell Address, September 19, 1796

77 posted on 04/11/2003 8:56:19 PM PDT by PhilipFreneau
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To: PhilipFreneau
For example, read these paragraphs and excerpts from a 1792 National Gazette editorial by Philip Freneau, titled, "Rules for Changing a Limited Republican Government into an Unlimited Hereditary One":

Interesting...

78 posted on 04/11/2003 9:42:51 PM PDT by supercat (TAG--you're it!)
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To: PhilipFreneau
Good post. The Geo. Washington quotation is excellent.

You might want to send the author of this piece that quote. You can respond to her silly column on this page.

Hint: You might want to include a dictionary definition of the word "usurpation" in your letter. Or maybe not? She probably doesn't care what it means. :-)
82 posted on 04/12/2003 10:28:11 AM PDT by bourbon
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