Saturday, August 7, 2010

The Problem of Kagan and Activist Judges

There are those of us that understand completely the difference between the Constitution of The United States being the Law of the Land as written and amended and those who believe it is a "living document".

Call it two camps of thought, thereby putting myself squarely in the first camp i.e. a Constitutional Constructionist.

Sadly, there are many Americans that are yet still confused as to what exactly the two terms/phrases mean? This situation is not limited to high school age children but that of adults who no longer wish to educate themselves and just take soundbites from the MSM.

The connotation of a "living document" presupposes that the Constitution is dead. That is not only wrong but very dangerous to all be they left, right or the supposed 'independent'.

It is the latter of those three terms "independent" which I believe is the most in need of an education on this matter (the Constitution) less they come up with a better term for which to describe themselves. Granted, they did not create this 'group name' but ignorantly proclaim to be just that.

A true American independent (We the People, Declaration of Independence) is in fact a Constitutional Constructionist.

At this point I defer to the words of Robert Bork, an American legal scholar for the difference between the two camp's of thought,,,

"Those who drafted, proposed and ratified the Constitution meant it to be law. This Constitution, not one they make up themselves, is to bind federal judges, and they are bound to the same thing that Senators and Representatives are bound to, along with all state officers, legislators and judges.

It would be extremely odd if all these functionaries are equally bound but one set of them, the federal judges, is authorized to keep changing what everybody is bound to.

That would mean, contrary to the text, that federal judges are not bound and all other classes of persons mentioned are bound to the judges and not to "this Constitution".  - Robert Bork
In a nutshell, you are neither 'independent' nor equal if not bound by the same laws as everyone else let alone when the rules keep changing by those who know not of either independence nor equality.

Cross posted @ Conservative Perspective

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