04/16/2017

How To Stop Leftists’ ‘Living Constitution’ Lie

Bruce Walker, American Thinker

In opposing Judge Gorsuch to the Supreme Court, Senator Dianne Feinstein pontificated: "I firmly believe the American Constitution is a living document intended to evolve as our nation evolves."  Well, Senator Feinstein, conservatives agree with you. 

We think the Constitution ought to be changed when circumstances create a compelling reason for that change.  Conservatives, however, believe that the process for changing the Constitution is the process clearly described in Article V.

Slavery was ended by amendment, and blacks were granted equal protection of the law as well as the right to vote by the three Civil War amendments.  Women were granted the right to vote by amendment.  Prohibition and then the end of Prohibition were enacted by amendment. 

Whether conservatives agreed with the particular amendments – and several were anathema to conservatives – there was no argument about the process being proper and the amendments changing the Constitution.  Likewise, when amendments were proposed and then failed to obtain the requisite three quarters of the state legislatures, there was no doubt that the Constitution remained unchanged.

Why don't leftists use the process for evolving the Constitution that is universally accepted as the right process, and why does the left try to use, instead, the profoundly undemocratic and essentially unconstitutional process of having elitist cadres on the federal bench change the Constitution?

The left and its agenda are clearly unpopular with the American people and could never gain the supermajority needed to amend the Constitution.  Indeed, the left never even tries anymore.  Phyllis Schlafly almost single-handedly defeated so-called "Equal Rights Amendment" forty years ago – an amendment the Beltway insider assumed was so much a slam dunk that scarcely anyone in Washington spoke against it.  After that, the left understood they could never amend the Constitution the way they wish.

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