Constitutionalists vs. 'Interpretationists'

· Tuesday, January 4, 2011

The new House Republican leadership is smart to inaugurate their return to power by reading aloud the U.S. Constitution on the House floor. Recalling America's founding principles is never a bad idea. To some on the left, though, the Constitution doesn't mean what it says, but is to be interpreted by judges and politicians. To liberals, this means the document is useful only when it advances a "progressive" economic, political and social agenda. Otherwise, it must be considered a relic of a bygone era.

The Constitution, according to liberal thinking, was written at a time when people -- including some of its signers -- owned slaves and so we moderns must interpret and regularly update it, like computer software. These "interpretationists" are like people who appeal to biblical authority when it appears to support their earthly agenda ("turn the other cheek" means unilateral disarmament; numerous verses about helping the poor mandates government welfare), but ignore it when it offends secular pursuits (abortion, homosexuality, income redistribution, capital punishment).

The Emancipation Proclamation and constitutional amendments redressed grievances, such a slavery and voting rights for women. These came not because the Constitution was flawed, but because succeeding generations realized we had failed to live up to its noble precepts, which included the Preamble and its philosophical foundation, the Declaration of Independence. Our rights do not originate with government, but they are to be "secured" by government.

In a recent appearance on MSNBC, Washington Post staff writer Ezra Klein reflected the liberal view of the Constitution: "The issue with the Constitution is that the text is confusing because it was written more than a hundred years ago and what people believe it says differs from person to person." Apply Klein's thinking to other works written "more than 100 years ago" and we can dispense with most classics, including William Shakespeare's "Hamlet" and Charles Dickens' "Bleak House."

It is a given that the courts interpret the Constitution for a modern age. The Founders could not have anticipated what the America of 2011 would look like. They set down certain principles that could guide us into the future. These principles -- like limited government -- transcend eras. As with Scripture, the Constitution contains eternal truths. If followed, one leads to a more ordered life in America and the other to a better afterlife.

House Republicans may not get far with their promise to require any new legislation to be justified by constitutional language, but the public will get a history lesson about the intentions of the Founders. This lesson will remind a new generation how wise the Founders were and what we have forgotten that they tried to teach us.

That portion of the public which has clamored for change from what they regard as the Obama administration's brand of socialism must not be content with congressional hearings broadcast on the Internet, or legislation posted on a website several days before members cast votes. Those who want smaller and less costly government must do more to take charge of their own lives, serving as examples for others. This means investing wisely for one's own retirement and maintaining a healthy lifestyle to lessen the need for hospitals and medicines.

Failure to engage Congress between elections will prove the cynics right. Cynics believe, based on past failed reform efforts, that lobbyists and lawyers have the power to quell any true reform movement. Are they right? If they are this could be the last chance for at least a generation to return America to original constitutional principles. If that happens, American decline will be more than a fear; it will quickly become reality.

(c) 2011 TRIBUNE MEDIA SERVICES, INC.


Third-party content does not necessarily reflect the opinions of The Patriot Post.


Comments

Hard Thought

Posted this on David Limbaugh's column. No need to change it

The US Constitution contains a specific method for altering its' provisions through the amendment process.

That process is long and arduous and requires serious public debate about the pros and cons of the issue plus State by State vote and the State Legislatures' approval.

As almost every liberal/progressive idea is defeated in the public arena of ideas, liberal/progressives show disdain for the original document, abhorrence of the amendment process and wish to change the provsions by judicial fiat and backdoor regulation.

No wonder the whiny, brain-dead left can't understand the Constitution or respect it.

Posted January 4, 2011 at 5:53:47 AM


Bruce

Living within the Constitution establishes the rule of law. Under that law, the government's sole legitimate function is to protect individuals' rights to life, liberty and property.

Far too many people today believe that government's role is to provide "basic services" and fill every need that can't otherwise be met. To do that, there can be no limit to government power.

Those like the Marxist barry soetoro who swore to uphold and defend our Constitution as a condition of their office and then actively subvert its implementation are waging economic and political war against us. Their goal is to turn America's values into socialism to establish a communist style dictatorship. They are traitors to America and treasonous enemies of every loyal American.

Posted January 4, 2011 at 6:45:08 AM


Rob Risko

"The rest of the story..."

Reading of our FIRST national document, the Declaration of Independence, would be more telling of our current state and more condemning of the policies that are contrary to the Constitution.

Let's read that one on the floor as well, Mr. Boehner!

Posted January 4, 2011 at 9:17:37 AM


Jane

We the people are the government and we elect these officials to represent us. We need to be even more vigilant as we watch how Congress votes in the coming days and months. The whole health care pkg needs to go. No one wanted it and it was shoved down our throats. We have an automated health care system that cares little for the human patient let alone the elderly patient. We need a return of the old fashion doctor who went into medical practice because he cared about help the sick and helping people to stay well.

Posted January 4, 2011 at 10:18:16 AM


Ralph Jackson

>> If followed, one leads to a more ordered life in America and the other to a better afterlife.

No, sir. Both the Constitution and the Holy Bible would lead to a more ordered life in America if they were to be followed more widely and more closely in America today.

To relegate God's Word to His children to being relevant mainly to the afterlife, but less so to us here on earth, is to miss a great deal of its value.

Otherwise, an excellent column as usual.

Posted January 4, 2011 at 11:56:54 AM


Mark

It's mighty nice of those Republicans to want to vote to repeal obozocare. Too bad they don't have a veto-proof majority. The Marxist barry soetoro will simply let this little charade play out before he engages in more shenanigans with the GOP to further loot taxpayers, create more bureaucracy, eliminate more civil rights under the Constitution, and completely destroy American sovereignty. The most we can hope for is that the politicians will deny funding to this monstrosity.

Posted January 4, 2011 at 12:14:56 PM


Paul Brigham

The only problem with amending the Constitution is that it adds endless verbiage to what is really a pristine document. The 17 Amendments that have been added so far add very little to the usefullness of the Document, and that is largely because the Congress, with its rules and regulatory laws, has made a blind elephant of what should ideally have been a mouse.

There is little doubt that we have to amend the Constitution from time to time, but what the document really needs is a rewrite. The only problem is finding some people of the stature of the founding fathers who are capable of doing the rewrite without destroying the strictured fabric of American government.

Posted January 4, 2011 at 12:23:46 PM


Bob Apjok

As the brilliant Dr Walter Williams has said on many occasions, "how would you like to play poker with me using "living" rules?"

Posted January 4, 2011 at 12:41:07 PM


Binderfan

It won't be as difficult to undo this mess as it currently appears. Since these programs can't be sustained, and can't be funded without raising the debt ceiling, everything gets put back on the table when the money runs out.

By the way, deficit reduction, even balancing the budget, is not enough. Debt elimination is the only rational goal. We would get the benefit of a less intrusive government at the same time.

Beware the fool who only speaks of deficit reduction or budget cuts. The time for such thinking is past.

Posted January 4, 2011 at 1:06:44 PM


MSW

Excellent article, and I agree with all comments so far with the exception of Mr. Brigham's. The constitution does NOT need to be rewritten. It simply needs to be followed!

Posted January 4, 2011 at 1:17:41 PM


Old Dude

A great "foundation" of background information is a book called "The Five Thousand Year Leap" {A Miracle That Changed The World and was recommended by Glenn Beck} which can be found at http://www.nccs.net/ . I think every school should teach these 28 principles as espoused in this book. These 28 principles are what our Founding Fathers used to formulate the Constitution {which took less than 20 pages} in about four months.

Very good reading

Posted January 4, 2011 at 1:52:11 PM


Arnold

I pray they make the entire body stand during the entire reading.

Posted January 4, 2011 at 2:17:32 PM


Elizabeth A. Male, Esq., CPA

It is not sufficient to read the Constitution. Each reading of the Constitution must be followed by the relevant explanatory text in The Federalist. They should start with the General Welfare Clause, followed by Madison's explanation found in Federalist No. 41.

Posted January 4, 2011 at 2:55:14 PM


Stephen

The root word of Constitution is 'constitute'; or even better... 'consist'. The Constitution, as it was/is written consitutes our national identity. When we change the Constituiton significantly, as our liberal village idiots would want, we then change our identity. And then, as these so-called progressives would have it; our name would change, by default, from America to AmeriKa.

Posted January 4, 2011 at 3:09:15 PM


Rick Myerscough

Well said...

Posted January 4, 2011 at 3:39:32 PM


akaangrywhiteman

I'm fast losing patience with those that keep telling me it is we the people who elect these people into office. I for one do not elect these incompetents into office, I do my very best to make sure they are not elected. So apparently, I am either not one of we the people, or their are a lot of people not doing their job, this leaves me being governed by they the people, the gullible, entitlement, crowd that has outgrown the we the people I am a part of.

The constitution is in no need of redefined or clarification, the people who wrote it were high capable individuals and the language is crystal clear, unless, unless you are trying to sidestep its tenants.

Please, the next time you try to lump us all into we the people, and blame us all, remember who we the people were, and what they stood for when this document was put together.

Posted January 4, 2011 at 3:59:39 PM


Bruce

Government belongs to those who show up. The election belongs to those who vote.

The leftists are counting on the maleducated and misinformed students, unions, the communist sympathizers, and the illegal aliens to vote them - like Comrade Reid and the Marxist barry soetoro - into and back into office while the mainstream citizenry sit at home and then complain for the following 2-6 years.

Posted January 4, 2011 at 4:30:41 PM


Howard Last

What needs to be done is for a few amendments to be repealed. How about the 16, 17, 24, 25 and 26? 16 - no income tax or voiding Article 1, Section 2, Clause 3, this would end earmarks. 17 - Remember the great compromise? The House was to represent the people and the senate the soverign states. 24 - Why should people on welfare be able to vote themselves more welfare? 25 - No appointed Presidents, remember Ford? 26 - Can anyone explain to me why an 18 year old is mature enough to vote but not buy a beer?

Posted January 4, 2011 at 5:02:18 PM


Christopher

It's over folks. Tune in to Catherine A. Fitts for a tune-up in current events. The usa is not a sovereign nation, but a corporation. The Corporate-State removes individual freedoms for the sake of 'plurality', i.e. money, and there is no public check any longer. Any judge can be bought, as well as elected or appointed public servants. The profligate nature of Federal government growth is only allowed by citizens not on watch! or who benefit themselves from redistribution programs.

When is enough really enuff?! Don't tread on us!!

Just beat it, and go home so our nation can fast and heal itself from your dysfunctions. Government is corrupt, and has metastasized through agencies and expanding NGOs. Join your foreign interests, and leave our United States to our own resources, beliefs, and practicality for the pursuit of life, liberty, and happiness!

I'm putting on my old Marine uniform.. Out

Posted January 4, 2011 at 7:16:01 PM


Jim G

@Mark

Not so sure Mr. Obama can rest assured in his veto being the last word on the issue. A clear and unmistakeable message was sent to Congress this last November. There are certain Senators on the Democrat side of the aisle who did not face the trials of re-election in 2010, but will in 2012 and 2014.

Some examples would be:

Ben Nelson of NE, who took A LOT of heat from his conservative constiuents over his shenanigans when the original bill came through the Senate. He was the only Democrat to vote against Elena Kagan's confirmation and I suspect he's looking to further rehabilitate his moderate/conservative credentials.

Mark Pryor of AR doesn't face re-election until 2014, but he's a Pro-Life Democrat. And, he has to have noticed the manner in which the people of Arkansas handed Blanche Lincoln her hat, primarily over her stance and sell-out on the Health Care bill.

Mary Landrieu of LA also keeps her seat until at least 2014, but she also must be cognizant of how handily Vitter beat Melancon last November. She's a mixed record on the Health Care issue, but I think with the pressures of public opinion on this issue she could certainly swing toward repeal.

Joe Lieberman the Independent from CT took a position in 2003 of "No more big-spending health plans." He is heavily reliant on support from the Health Insurance lobby based in Hartford CT and this bill is specifically designed to kill private health insurance companies over time. Could be a repealer.

Joe Manchin of WV just won his seat, but he has already gone on the record during his recent campaign stating that a "lot of Obamacare needs repeal." Given the kind of "Conservative Blue Dog Democrat" (if there really is such a thing anymore) he represented himself as, it's going to be very difficult for him to sit pat with the Dems on saving Obamacare intact.

The key is going to be public pressure on their Senators, with the knowledge that a vote AGAINST the repeal of Obamacare will result in their names being highlighted in the public arena come election time as STATISTS bent on imposing unconstitutional mandates upon all Americans.

Posted January 4, 2011 at 7:16:25 PM


Carolyn

I am glad that Congress is reading the The U.S. Constitution. The one point that I am sure they will miss, is that the U.S. Constitution was designed to CONTROL the government NOT to control the people. The Declaration of Independence declares the principles of freedom (and lists 27 grievances most of which are worse today) but the U.S. Constitution is the STRATEGY for freedom. Freedom is the absence of coercion/tyranny. Freedom and prosperity occurs when there is a restrained government. Thus the Framers designed a strategy to control the government, not to control the people; it is the U.S. Constitution. We call this the "Freedom Formula."

Posted January 5, 2011 at 1:01:20 PM


Merry Colin

Cal said, "The Emancipation Proclamation and constitutional amendments redressed grievances, such a slavery and voting rights for women." He could have left out the EP. The Emancipation Proclamation had no force in law under the Constitutional powers of the President. Could you imagine BO "proclaiming" something today!!! Horrors!

If Lincoln would have said, "I see my first duty to protect and defend the Constitution. I see no right for one people to own another and all citizens, including slaves, have the same rights as all others. Therefore, I will not encourage enforcement, nor will I enforce any law that permits or promotes such ownership. As I see it, all slaves are free men." He didn't do that; the Proclamation was nothing more than exploitation of the slaves in the south in order to win his war. He deserves no accolades here.

Since the "three fifths" had representation in this new government under the Constitution, they had rights. The founders weren't stupid...they just didn't dwell on the issue that was a hot button at that time that may have doomed ratification. I am certain that they expected that thinking people would get it. When they didn't, or they debated it, we got a clear amendment prohibiting slavery---the very reason for the amendment process: to clarify!

This demonstrates the need to set things straight with an all powerful CONgress and President. How? We need to work within our States--propose repeal of amendments, add some, fine tune others IN LINE WITH THE ORIGINAL INTENT of the Constitution. If we are waiting for CONgress to propose amendments, it'll be a cold day in hell before it happens. So, it is up to the State legislatures to get on the ball and propose this action. We, the People, MUST make our States insure our Republican form of government under the Constitution. If we don't, we are toast no matter who is in office.

The Constitution CERTAINLY does not need to be rewritten. A fifth grader can understand it. Only problem is, schools don't encourage STUDY of the Constitution using the notes of the Constitutional convention and the Federalist and Anti-Federalist papers. Most Americans haven't read them and never will. The Constitution is as clear as a bell and the most perfect organization of government on Earth. It is a set of rules for the government; it is not a set of rules for the People!

Posted January 5, 2011 at 2:41:27 PM


Ted R. Weiland

America began her fall and continues to fall that fateful day in 1789 when the Constitution was ratified. America's only hope is to abandon this secular document for Yahweh's perfect laws and altogether righteous judgments (Psalm 19:7-9).

See "Bible Law vs. The United States Constitution: The Christian Perspective" at http://www.missiontoisrael.org/articles.php.

Posted January 5, 2011 at 7:20:21 PM


Conrad

Return our education system to include a proper education in civics and real, not reviionist American History, and we might see some changes for the good.

Yeah the libtards will scream interpretation. They always do as the article infers. But the thing to remember, is that the Constitution has 287 safeguards built into it to protect the people from tyrannical government. If they can be left to interpretation, then they can be interpreted out of existance, and the people be enslaved. And they've been doing a darn good job of doing just that.

Posted January 6, 2011 at 9:08:45 AM


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