The Threat A “Living Constitution” Poses to America
doofiegirl POTL~PWCM~JLA 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!
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