A Commentary by J. D. Longstreet
The push for a new constitution for America has begun.
We have all heard the expression: “A Living Constitution.” It means the constitution our Founding Fathers gave us is a document that should be interpreted by taking into consideration that we Americans live, today, in a different time, a different world, than did our forefathers of the 18th century. We live in the 21st century.
Those who believe this – and there is a frighteningly large number of them – are in high places of power, including judicial power, as well as everyday working class Americans. They are flat-out WRONG.
Before I go on, allow me to assure you that I am not among those who advocate a “living constitution.” I am of the opinion the original constitution says what it means and means what it says. That makes me what is referred to today as an “originalist.” That is fine by me.
See, I believe the original constitution has made this country unique -- and great in its uniqueness. It has made Americans the freest people on the face of the planet. It has allowed Americans to become the most prosperous people in history. Even our poor are light years better off than the poor of other nations.
The constitution placed restraints on the government of America allowing the American citizen to be all they could and can be – and then some. As a result, we became one of the most creative nations ever in the history of civilization.
For many decades, there has been a portion of Americans who have sought to crush America’s liberty, America’s freedom, and create a New America. They seek to create a collectivist society in America. We call it socialism.
For many decades these people have pulled the strings of their marionettes from the shadows. Now THEY are in positions of ultimate power in the US Government.
Their intentions are to kill off the America we know and replace it with a government not shackled by the democratic process and free of the burden of acting as a representative of the people. Ultimately, they will replace the constitutional republican form of government America has enjoyed since her founding. They envision themselves taking the reins off the government, which is simply another way of saying -- they intend to by-pass the restraints on the government enforced by the original constitution.
Most Americans know that today’s America is not the America of 50 or 60 years ago. Slowly and quietly, those who seek to change America have been maneuvering a judicial form of government into place. Today, the federal judiciary, not the Congress, is making more and more of the nation’s laws. In many cases, judges, legislating from the bench, have been appointed to those positions for life. They have little to fear from the electorate. You see, they have never been elected. They are, in effect, un-elected legislators.
While the form of our government remains the same, the making of America’s laws has slowly shifted from the national legislature, the Congress, to the federal judiciary, the federal judges.
For evidence we have only to look to California. The people of that state went to the polls and decided that the marriage of two adult homosexuals, of the same gender, would not be allowed in their state. The voice of the people of California had spoken. That was that.
But wait! A judge has now ruled that the people of California were wrong. Just because they spoke through the ballot box (in accordance with the laws of their state) against gay marriage in the state of California, did not make it legal, in the opinion of that judge, and he simply ruled the law -- the people of the state had just agreed to -- out of existence, forcing them to accept a way of life they do not want in their state. One man over-ruled the votes of the citizens of state of California. One man did that. It is a clear case of “Rule by Judges.” It is also known as oligarchy, which means the rule of a few over the many.
Recently, we replaced a liberal Supreme Court Justice with another liberal Supreme Court Justice. So – we are even, right? Not so, in my opinion.
The new Justice is much younger and I am afraid we are going to learn she is far more likely to view the constitution as a “living document” and far more likely to consider outside opinions. That is to say -- we feel she will consider the rulings of judges in other lands, lands quite unlike America, in forming her own opinions on similar cases before the US Supreme Court.
She was appointed for life, so she has nothing to fear from American citizens who may disagree with her opinions and/or decisions.
I am of the opinion that America stands at a crossroads today. The direction we choose will determine the life or death of that once “Shining City on a Hill.”
Every generation of Americans has faced their own threats to the nation’s survival. They not only faced the threat, they summoned up the will, and they took the action necessary to overcome the threat – thus preserving America for the next generation.
This generation, in my opinion, is NOT demonstrating the depth of will their predecessors did, however. And it is worrisome because it is they who will either save America, this time, or allow it to crumble and fall and, eventually, wind up on the ash heap of history, as did the great Roman Empire.
On November 3rd, of this year, we will have a better understanding of this generation’s will to live free. Will they save America? We will know their intentions on the morning of Wednesday, November 3rd, 2010.
J. D. Longstreet
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