3/25/2023

Not A Living Document

At first I thought it was just my imagination, the surly curmudgeon in me thinking “Everything is going to hell”, that thought being driven by what I’ve been seeing.

What is it I’ve been “seeing”?

An increasing disregard for the law and the US Constitution by the Left.

It has been increasingly apparent the Left has no use for the First, Second, Ninth, Tenth, and Fourteenth Amendments. Too many of them also think Article V can be ignored and that the Constitution can be amended by the courts, more specifically the Supreme Court because the Constitution is a “living document”. By that reasoning, any of the Articles and Amendments can be ‘reinterpreted’ to mean the opposite of their original intent by judicial decree. That means any our our rights enumerated in the Bill of Rights can be eliminated by judicial decree, something I think even the Left would see come back to bite them in the butt.

Some possibilities of ‘living document’ judicial amendments:

Reinterpret the Fourteenth Amendment so American citizenship cab be revoked, even the citizenship of natural born Americans. Non-citizens can be afforded all of the rights of citizens, including the right to vote. House reps could be apportioned by lot or by the majority political party rather than by population.

Reinterpret the Fifteenth Amendment to bar white males from voting as a form of ‘racial reparations’ to right previous wrongs.

Reinterpret the Fifth Amendment to make it possible to imprison political prisoners without benefit of trial. The Miranda decision could be overturned and the right to remain silent stricken. The government at all levels could take private property for any reason and tell the owners they’re out of luck because they won’t be compensated.

Reinterpret the First Amendment to outlaw some religions or to establish a government religion – Marxism, for example. Or they can squash the freedom of speech, something that already is being destroyed on college campuses, and if you don’t toe the government/Progressive line you’ll be imprisoned. Your right to protest will also be eliminated.

Reinterpret the Second Amendment so only the government/criminals will have guns.

Reinterpret the Ninth and Tenth Amendments so only the federal government had power and the states would have no jurisdiction at all.

Are these extreme examples of what could happen if the Constitution were truly a living document? Yes, but they are not something that wouldn’t happen. We’ve seen such tyranny before, even here in America before the Revolution. We see it today in other countries.

The first thing I think of when I hear the phrase “Living Document” is “Not worth the paper it’s written on”, be it the Constitution or federal and state laws. It leaves the decision in the hands of the judiciary and Congress and the state legislatures be damned.

What would such a “Living Document” version of the Constitution and the laws lead to outside of a tyranny?

Revolution, and a bloody one at that.