Our Constitution is NOT a living document...
"The Constitution is not a living organism," Justice Scalia said. "It's a legal document, and it says what it says and doesn't say what it doesn't say."
In fact, the first section of my book - the history of the founding of our Country and Constitution - is written in the same manner as the US Supreme Court reviews the history of laws in deciding a case - back to at least the Magna Carta in many cases and building a structure from the foundation, one component at a time. We do not have a perfect justice system, it is the best.
From 'Beers with our Founding Fathers'...
The Constitution is for those laws which empower the people and restrict the government. If the Constitution were to prohibit human trafficking, I would oppose it only on these same grounds, and of course would otherwise support such meaningful legislation. Similarly, and on this foundation, any proposal to amend our Constitution by being prohibitive to the people and thus empowering the government would be unconstitutional. This would include any amendments that would infringe on the Bill of Rights or those enumerated thereafter – such as women’s right to vote and abolishing slavery. Although the Constitution is a document to be amended, it is not a ‘living’ document – as defined when legislative acts happen from the judicial bench. Those amendments must be chosen carefully and with purpose.
The strength and durability of the Constitution lies in its simplicity and ability to be amended. It is not an ‘evolving’ or ‘living’ document. The simplicity created a form of government unseen in history – and adapted to many countries seeking a more balanced government that is empowered by and empowering to the people. The Constitution was meant to be applied as written, with a review of the history that is its foundation, and still be amended as our Country grew and naturally evolved. It was not designed to evolve – or intended to be amended – by anything less than careful and painstaking consideration and conference – by Congress or Constitutional Convention. Specific to this are the detailed steps intended to prevent adulteration by anything less than a ‘super majority’ of both the Congress and the people. The ‘super majority’ is a filibuster proof 60% or greater; and a simple a majority is 50%+1 or greater.
The Constitution defines the branches of government, the representatives of each branch, the duties and authorities of each branch, and the limitations of each branch. These are collectively the checks and balances of the central federal government. It clearly provides that the duties of the federal government are limited with all authorities not enumerated granted to the states, while giving full faith and credit between the states. In reviewing the Constitution, and the history, one has to wonder how our laws became almost subservient to codes and regulations not provided for, or authorities of federal and state governments not provided for. The whole of the document is eight pages on standard paper with one-inch margins, single spaced. The whole of federal law, codes, regulations, executive orders, and case law are virtually unknown and incalculable.
Dean A. Beers, author
Learn more about the history and direction of our Country at www.BeersWithOurFoundingFathers.com