Nine Reasons the “Living, Breathing” Constitution View is a Lie

Posted by $ AJAshinoff 8 years, 1 month ago to Culture
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In light of the dialogue between politician and Neil Gorsuch in SCOTUS vetting process this is very interesting.


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  • Posted by $ nickursis 8 years, 1 month ago
    Basically, it sums up the facts that the Progressives have been on a program for the last 100 years or so to rewrite the "bible" in their own image. One reason I cannot believe the Bible has survived untouched. If in just 100 years they have taken a short clearly worded document and twisted it to their own ends, a huge book is almost guaranteed tainted. The only real solution is to be the Convention of States, and hope the deck does not get stacked.
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  • Posted by $ nickursis 8 years, 1 month ago in reply to this comment.
    Actually, Herb, no. The Convention of States clause is easier than ever trying to fight the establishment, and was meant as an emergency bail out mechanism. The fact George Soros donated 7 million to the anti Convention movement, and there was a group in Texas who announced an effort to derail it today, shows that the evil side has become aware, almost as if Modor's Eye has sighted it.
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  • Posted by $ 8 years, 1 month ago in reply to this comment.
    Not to mention that they no longer teach civics as a core requirement for graduation.If you don't know the rights you are guaranteed by the constitution you have no knowledge of how they are twisted or taken.
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  • Posted by chad 8 years, 1 month ago
    The constitution today has been subjugated to the use of legal polemics and precedents in rulings that obliterate its intended meaning by those who wrote and approved it. The general populace is muddled in its thinking and it is nearly impossible to reason with them.
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  • Posted by dnr 8 years, 1 month ago in reply to this comment.
    Among other things that I have done in my life, I have created popular computer operating systems. They are a framework. Vendors create things that adhere to the framework and add user level functionality. While this analogy is not exact, it is similar. Is the constitution the "foundation" or the "framework" for our country? Is there a difference? Most people running on a Windows, or iOS, or Android, etc., framework are not even aware that the framework really exists or what it is. They hear the name, but are essentially clueless as to what a computer operating system really is. I do not want to stretch this analogy too far, but it seems to me that our countries founders knew that things would change. Everyone says that amendments are the mechanism, but are they really? Only partly because the courts over the last 200+ years have added "functionality" on the framework, both with and without amendments. You thoughts please.
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  • Posted by Maritimus 8 years, 1 month ago in reply to this comment.
    Hello dnr,
    I believe that you are just using different words to describe what is commonly labeled "living constitution".
    The constitution is the fundamental law of the land. Every other law federal or state, must never violate that fundamental law. Unless the people, through the constitutionally defined procedure make changes to that fundamental law.
    Stay well.
    Maritimus
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  • Posted by $ 8 years, 1 month ago in reply to this comment.
    Did you read the article?
    No one is saying, not even me, a Constitutional Conservative, that the Constitution cannot be adjusted. The Framers deliberately put in place a proper way to amend (adjust) the Constitution to reflect a changing people. A slow methodical processes to encourage deliberation in order to remain true to the core tenants..
    However, the core of the Constitution is fixed and that core is what the left must change to rework the nation into just another sh*thole where their ideology has failed.
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  • Posted by dnr 8 years, 1 month ago
    I don't agree with either side of this debate. Everyone is grinding their own ax. I see the constitution as a "framework." We use it to construct new laws and ideas that were unknown to the founders. It is not "fluid" and it is not "fixed." It is a place to start when we (courts, legislatures, etc.).decide to build a new part.
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  • Posted by Owlsrayne 8 years, 1 month ago
    The left wing Dimo's are living in a Socialist Utopian fantasy. Their belief that any legal document especially the Constitution is a living thing is for their own orgasmic relief.
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  • Posted by Joseph23006 8 years, 1 month ago
    In my senior year in high school, 1963-64, the history class was POD, Problems of Democracy, which I doubt anything close to that has been taught for quite some time. I don't think a twelft grader today has a clue about what I am about to write. It was about our government and The Constitution, the reason it was constructed as it is and the purpose underlying the form and wording. At that time the two camps were known as 'strict constructionists' and 'loose constructionists', who were not as radical as the 'living-breathing' folks are today. The framers knew well the abuses of power a government could commit, and Britain's monarchy was relatively kept in check by Parliament as compared to the oligarchs of other countries. They wanted to make sure the Federal government could not consolodate power, either assumptively or presumptively, that would include the courts. Thus coequal branches, holding each other in check; all held in check by the words "We the people in order to form a more perfect Government etc.", the power lies with the people and not the legislative branch, not the executive branch, and not the judicial branch. Lately, the progressive movement has seduced the court into legislating from the bench, creating laws and rights outside the purview of their role in government and The Constitution, strictly unConstitutional. My resolve as a strict constructionist is now stronger considering the contortioning of the left to bring situational ethics into the discussion!
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  • Posted by KevinSchwinkendorf 8 years, 1 month ago in reply to this comment.
    Yes, reinterpreting what is written into whatever you (the Left) want it to mean is no different than how "truth" was up to whatever "Big Brother" wanted it to mean in the novel "1984."
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  • Posted by Herb7734 8 years, 1 month ago
    There is a very difficult procedure for amending the Constitution. It is made difficult purposely so that changes cannot be made by whim. Even then mistakes are made such as prohibition. The idea of banning a custom literally thousands of years old because of a side-effect shows the insanity of acting without thoroughly thinking it out.The real reason the Constitution isn't "living" is because it was so well done originally. If it was as described by the libs there would hardly be a single word left of the original.
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  • Posted by $ Thoritsu 8 years, 1 month ago
    The only way progressives can further erode liberty and take additional power is to reinterpret the Constitution. If it is to be interpreted as written, and as letters during it's writing represent its meaning, then freedom is the name of the game.
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  • Posted by term2 8 years, 1 month ago
    The constitution should only deal with basic human rights , and unless human nature changes, it shouldnt change.
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  • Posted by $ allosaur 8 years, 1 month ago
    A dream of the control freak left is for a majority of PC progressive (aka socialist) crotchety old jackasses in black cloaks to Supreme Court "legislate" via rulings our Constitution away into something less than the USA and more like the USSR.
    Into something akin to what had become of the government in Atlas Shrugged or even far worse.
    Should that twisted dream ever come to a full "politically correct" fruition, I fully expect people like Gulchers to be "politically corrected"~whatever that will come to be.
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  • Posted by jimjamesjames 8 years, 1 month ago
    From a conversation in an Econ class in the early 70's between Professor Marty Blinn and a kid named Hogan, avowed communist.

    "Would you agree the Constitution is the foundation of the nation?"
    "Yes."
    "Do you live in a house?"
    "No, apartment."
    "Do you want the foundation of the apartment to be living and breathing, like living, breathing amoeba?"

    Hogan dropped the class.
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  • Posted by GaryL 8 years, 1 month ago
    Typical liberal BS! Most lawyers IMO look best with a neck tie in the form of a noose around their necks. The Constitution is Constant and the US is living and breathing because of it's consistency. There are provisions within it to make amendments but they are rightfully a high hurdle. Lawyers can't make a dime arguing if they have no one to argue against so it stands to reason there will be a never ending argument by these nit wits.
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  • Posted by $ blarman 8 years, 1 month ago
    That is an outstanding article. It properly addresses the problems in our legal system today and how nothing we have is representative of the original government as set up.

    I also love the differentiation the author makes between a Constitutionalist and a textualist and the nuanced - but extreme - differences between those two positions.
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  • Posted by $ kddr22 8 years, 1 month ago in reply to this comment.
    and the consequence of not paying attention by people as Jefferson also said,"Our country is now taking so steady a course as to show by what road it will pass to destruction,to wit:by consolidation of power first, and then corruption, its necessary consequence."
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  • Posted by $ 8 years, 1 month ago in reply to this comment.
    " A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences." --Thomas Jefferson to James Madison, 1787"

    It was not specified that a federal government was the target of the Bill of Rights.
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