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Wednesday, June 29, 2005

Living Constitution? Dead Wrong!

NRO's Jonah Goldberg is tearin' it up and burnin' it down. Today he gives us this brilliant article outlining the reasons why the idea of a "living" constiution is so absurd. Listen to this:
Having a set of rules with a fixed meaning ensures that future generations will be protected from judges or politicians who’d like to rule arbitrarily.... We all like to believe that we have some say about what this country will be like for our children and grandchildren. A “living Constitution” denies us our voice in this regard because it basically holds that whatever decisions we make ... can be thrown out by any five dyspeptic justices on the Supreme Court. In other words, the justices who claim the Constitution is a wild card didn’t take their oath to uphold and defend the Constitution in good faith because they couldn’t know what they were swearing to.
Amen, brother.

This week's Supreme Court decisions only highlight the absurdity of this philosophy which results in Kelo and split decisions on the Ten Commandments cases. Further, this is why the potential for vacancies on the Supreme Court should be of such concern for conservatives. We must ensure that President Bush nominates Justices that view the Constitution as a dead document when making their decisions, rather than nominating activist judges who just happen to be conservatives.


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