Saturday, December 4, 2010

No Living Constitution is Worth a Dime

I have heard many times, and I'm sure you have too, that our wonderful Constitution is a living document. I have to imagine you have heard the sentiment expressed by the same people from whom I've so often heard it as they waxed reverentially from their lips: liberals, or what were once known as loose constructionists.

Why would anyone want anything less than a precise, or at least as precise of one as possible, interpretation of our nation's highest law? Yet that is what most of our government's leaders since about, oh, the New Deal, have asked us to support. It is what our current leaders in their rush to force federal health care down our throats want. Indeed they probably want no bother about a Constitution at all, but as we have one they have little option but work with it. Or, more exactly, to work it into whatever hash they would like it to be.

They forget, or more likely do not or do not wish to understand, that no living document, one that ebbs and flows with the times, cannot ultimately have any real meaning. It would be too parochial, too ingrained into one time or place to be useful in other eras. It would not last beyond a generation or two.

We want, we need, the words of our governing document to have the certain meanings the founders breathed into them. We need rules and guidelines which do not easily change so that we know how to act and can comprehend what is expected of us. We need a healthy static norm which we can rely on for the sake of order and progress.

We do not need the rules of the game to change or become altered based on whimsy or political expediency. We cannot survive that way: imagine a baseball game where the rules changed as a runner was between first and second to where he had to run clockwise, only to have them reversed when he raced around first, only to have his hit determined to be an out if caught on fourteen hops. Could he reasonably be expected to continue to play baseball? Would there in fact still be a game of baseball to be usefully referenced at all?

No, of course not. And neither will there be a nation we could call the United States for very long without a proper respect for the most basic rules of existence. It's time to kill the living Constitution; freeze it on the historical date of 1787. If something about it merits changing, then follow the methods which the document already contains. Anything else is simply making a mockery of the best governing document in human history.

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