I believe that the constitution is dead! That may sound like a very far out statement. However, let me explain my reasoning. There is a common “misconception” today among people that the Constitution is a living, breathing document that changes with changing times. This approach to law is a common approach in today’s legal community and among many jurists. However, I do not agree with that approach.
While I understand the temptation to argue that the Constitution changes with changing times and while I understand that those who do adhere to such a philosophy are well intentioned, I believe that jurists who approach legal analysis in this manner fall victim to many unintended consequences. For example, it is clear that in 2013 we do not face the same “issues” as those in 1787, however, our founders gave us a way to change the constitution—the amendment process. Thus, if we, the people, find it necessary to change the charter under which we govern ourselves then so be it through appropriate amendments. There is a great danger that arises when the Constitution is “changed” through the “living document” approach. The danger lies in the arbitrariness of the decisions of the one declaring the changes—ie: the judges. This is precisely what we have seen occur over the past several decades.
Alternatively, if we were to view the Constitution as a document fixed then the only way it could change is through the appropriate amendment process and we would not be subject to the arbitrariness of judicial decision making. Thomas Jefferson stated, “A free people claim their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” In fact, the Declaration of Independence sets forth as one of the reasons for the breaking of the bonds with Great Britain was the arbitrariness of decisions.
In today’s society where we are bombarded with the promotion of every liberal social agenda available, it would be comforting to know that our courts adhere to a basic understanding that it is we, the people, who make the laws and not a select few judges. Unfortunately, that feeling of security is fading due to jurists who subscribe to the view that the Constitution and laws change as society changes. A very dangerous interpretation indeed!
Do you believe in a living breathing Constitution that changes with changing times? We would love to hear from you. Let us know your opinion on this important issue.
Click on the link below to hear Justice Scalia give an explanation.
David A. Standridge
