I will be holding a wake for the U.S. Constitution Monday evening at 8:24 PM, CDT.
It took some time for us all to realize it, but it is clear that we no longer have an originalist, nor even a living constitution, as I have come to understand those terms. The U.S. Constitution is now dead and has been replaced by the pronouncements of an oligarchy bound by neither precedent nor specific pronouncements limiting the power of government over its citizens. The only driving philosophical principle evident today seems to be what the oligarchs believe to be just as seen from the viewpoint of a postmodern, transnationalist perspective. Clear, unambiguous language within the U.S. Constitution regarding free speech, the right to bear arms, and limiting the confiscation of private property by the government has come to mean nothing as each of these principles has now been cast aside by the Supreme Court.
Sadly, there appears to be no hope of resurrecting the U.S. Constitution since any new amendment would carry no more force than any of the existing amendments in the Bill of Rights. If language as straightforward as, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances", "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed", and "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation", can be taken to mean that free speech (political speech no less!) may be abridged to protect incumbents, citizens may not possess firearms by local government edict, and private property can be taken by force for the private use of others, well, then words will mean what the oligarchs wish for them to mean on any given day. I'd go into the death of federalism, but what's the point. I, for one, do not welcome our new overlords.
It seems to me sadly ironic that freedom and democracy -- as defined by fealty to the U.S. Constitution -- is dying here just as it has been proclaimed to be universally succeeding throughout the world. How are our friends trying to write the new Iraqi Constitution supposed to interpret these actions by the US Supreme Court?Posted by Charles Austin at June 23, 2005 01:49 PM