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Overnight Open Thread

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lurking faith3/10/2009 9:40:52 am PDT

re: #1183 avanti

The constitution is a wonderful document, but it could not see 200 years into the future. Even things that we take for granted like the FAA, the FCC and the rest. The national banking system, taxes. even US currency were years in the future.

Had I ever wasted the time to think about it, I would have known you were a “living document” constitutionalist.

The authors knew they couldn’t see into the future, and that is why they provided a process for amendments. What they didn’t do was to say “and you can ignore any part of this when you want to do something it says you can’t.”

Saying the authors didn’t know what we would face down the road is not a sufficient excuse for disregarding the Consitution’s clear language and intent. Sadly, that disrespect for the letter and intent of the law has now become a part of our legal tradition.

If the founders can see us now, they would probably say something alogn the lines of “I was afraid of that” or “I hoped this wouldn’t happen” or “how could the states and the people have given up their freedoms and powers that way?”