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The Threat A “Living Constitution” Poses to America

doofiegirl BTO-t- BCRA-F ~PWCM~ 2012/05/03 09:39:33
How can we have rule of law when judges can amend our founding document at their whim? Living constitution theory, even in the sheep’s clothing of whole constitution theory, runs contrary to the rule of law and constitutional government. For a constitution to serve its purpose as a constituting and constraining document for government, its meaning cannot be adjusted, day by day, by those whose offices it has established and whose acts it is meant to constrain. Like every other law, a constitution must bind the government official, whether judge, legislator, or administrator, to its pre-determined meaning. That is the essence of the rule of law and of constitutional government. Excellent commentary on the state of our judicial system today!

Read More: http://www.westernjournalism.com/the-threat-of-a-l...

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  • beach bum 2012/05/20 03:46:11
    beach bum
    hmmmm
  • TuringsChild 2012/05/04 00:23:20
    TuringsChild
    +2
    When the 3 Rules of Robotics are interpreted as a 'living' document, it results in slavery for the human race. Play poker using 'living rules' and the person making the interpretation wins every hand. A living Constitution will result in authoritarians turning us all into serfs to serve their Cronies at their pleasure.
  • ID51 2012/05/03 19:42:07
    ID51
    +1
    The Constitution was written to keep government from getting too big and micromanaging. The current administration is actively looking to control everything and bypassing/weakening the Constitution is the way they do it.
  • John James 2012/05/03 15:01:38
    John James
    +4
    The living Constitution theory is how the left tries to bypass the Amendment process.
    What the left does is use judicial activism from the courts to enact legislation from the bench. Take Roe V Wade, even Ruth Ginsberg admitted that the purpose of R. v W was to rid the country of undesirables. So how in the world is that even Constitutional under our Constitution.
  • BIG BAD JOHN R. 2012/05/03 14:53:07
    BIG BAD JOHN R.
    +1
    Sorry I have never heard the term " Living constitution Theory" til now, but this much I did find out. The reason for this is that a "living" constitution is no constitution at all – it is in fact nothing.

    The federal constitution of 1787 (the "U.S. Constitution") :

    It determines the civil environment in which we live and restricts the government from acting against our interests without showing an interest in doing so.
    Constitution gives us the groundwork for all laws and rights we have today, like the ability to go to any school or church you want. Also rights like freedom of speech, like we can speak what ever is on our mind or whatever we believe in. We can have whatever religion we want too, be whoever we want to be. Also the government cant search our home without a good reason too, or a search warrant.
    http://i.ytimg.com/vi/WTzNAfZ...
  • Tennessean 2012/05/03 14:42:19
    Tennessean
    +5
    The Constitution, being a writen document, means the same today as when it was written.
  • TerryAgee 2012/05/03 12:55:47
    TerryAgee
    +2
    I see your point. This is another sign of a failed state.
  • johnpaul 2012/05/03 10:37:46
    johnpaul
    +1
    We don't have a constitutional system in our government today. We have a social security system which makes the government god. It works like this; You take the benifit of having social security, you owe an obigation to obey their every whim.
  • Oaces_boss_yo® 2012/05/03 09:44:33
  • doofieg... Oaces_b... 2012/05/03 09:59:17
    doofiegirl  BTO-t- BCRA-F ~PWCM~
    +2
    You told me over an hour ago you were going to bed!
  • Oaces_b... doofieg... 2012/05/03 10:04:03

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