Who Murdered the Constitution, How They Did It, and Why They Are Still Doing It Today
Bill Quick

Scalia, Ginsburg Offer Amendments to the Constitution | National Law Journal

Scalia answered no “because your freedom is not absolute. Boarding a plane, a person can put hands all over your body. That’s a terrible intrusion but given the danger, the risk, it could be reasonable.” Ginsburg said, “An argument can be made certainly, but it’s not an argument either of us can answer. We don’t get questions in the form you pose them. We get a concrete case.”

We already know that Scalia is perfectly capable of riding roughshod over the plain language of the Constitution (Raich) when it collides with his own preferences, but this perfectly demonstrates the dark flaw at the heart of almost all judicial constitutional reasoning, to wit:  The words of the Constitution cannot possibly mean what they say, because if they did, we would have to permit things we don’t like, or not permit things we do like.

In other words, there would be no room for us to interpose our own opinions as to “danger,” or “reasonableness” over those of the men who wrote our Founding Laws.  And that would be intolerable.

Leftists call their process of Constitutional nullification “the living Constitution.”  Rightists call it “reasonable, dangerous, or stare decisis.”  The end result is the same: Judicial opinions are substituted over the plain language of the document.

* * * * * * * * * * *

Check out my new bestseller, Lightning Fall: A Novel of Disaster. You can get the Kindle ebook version from Amazon right now, or if you prefer, the book is also available in a trade paperback edition though Amazon.

Bill Quick

About Bill Quick

I am a small-l libertarian. My primary concern is to increase individual liberty as much as possible in the face of statist efforts to restrict it from both the right and the left. If I had to sum up my beliefs as concisely as possible, I would say, "Stay out of my wallet and my bedroom," "your liberty stops at my nose," and "don't tread on me." I will believe that things are taking a turn for the better in America when married gays are able to, and do, maintain large arsenals of automatic weapons, and tax collectors are, and do, not.

Comments

Who Murdered the Constitution, How They Did It, and Why They Are Still Doing It Today — 1 Comment

  1. “The words of the Constitution cannot possibly mean what they say, because if they did, we would have to permit things we don’t like, or not permit things we do like.”

    There’s a long and sordid history of this, going back to “we can’t consider black people full citizens, because then they’d enjoy all Constitutional rights, including that of the Second Amendment, which is totally not about hunting.”

    I mean, yeah, probably farther back than that, too, but that seems especially relevant.

Leave a Reply