Tuesday, August 23, 2022

"Broken Constitution" Stands in the Way of Freedom

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The “broken” and “famously undemocratic” U.S. Constitution “stands in the way” of “real” freedom and democracy, according to a New York Times op-ed by two Ivy League law professors---one from Harvard, the other from Yale.

The pair issued a call to “radically alter the basic rules of the game” by no longer requiring us to “justify our politics by the Constitution.”

"The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism.” the professors assert, as they attack the “some centuries-old text.”

The problem with this essay is that these two are not the only academics advocating tossing our Constitution for a yet-to-be-determined progressive path to...Where?

Be informed, not misled.

Dr. Ryan D. Doerfler and Dr. Samuel Moyn teach at Harvard and Yale. Their recent essay titled, "The Constitution is Broken and Should Not Be Reclaimed" makes the case that America should trash our Constitution in favor of a new and revised approach to government.

They begin with, "When liberals lose in the Supreme Court — as they increasingly have over the past half-century — they usually say that the justices got the Constitution wrong. But struggling over the Constitution has proved a dead end. The real need is not to reclaim the Constitution, as many would have it, but instead to reclaim America from constitutionalism."

Obama's favorite call to action was to "Remake America."

This is what "remaking" America looks like.

The attack on our Constitution is not new, it's been under siege for quite some time. 

This takes it to a whole new level.

But this is an all-out effort to get rid of our Constitution: 

"The idea of constitutionalism," these professors say, "is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day. Our Constitution’s guarantee of two senators to each state is an example. And ever since the American founders were forced to add a Bill of Rights to get their handiwork passed, national constitutions have been associated with some set of basic freedoms and values that transient majorities might otherwise trample."

"But constitutions," they say, "— especially the broken one we have now — "inevitably orient us to the past and misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now. This aids the right, which insists on sticking with what it claims to be the original meaning of the past."

"It would be far better if liberal legislators could simply make a case for abortion and labor rights on their own merits without having to bother with the Constitution,” they add.

Replacing our "broken" Constitution.

The wise men of Harvard and Yale explain, "One way to get to this more democratic world is to pack the Union with new states. Doing so would allow Americans to then use the formal amendment process to alter the basic rules of [politics] and break the false deadlock that the Constitution imposes through the Electoral College and Senate on the country, in which substantial majorities are foiled on issue after issue.”

However, the authors state, that Congress could “openly defy” the Constitution to “get to a more democratic order,” with the basic structure of government being “decided by the present electorate, as opposed to one from some foggy past.”

“A politics of the American future like this would make clear our ability to engage in the constant reinvention of our society under our own power, without the illusion that the past stands in the way,” they conclude.

Breitbart News says, "The piece comes as many on the left continue to attack the epic founding governmental document."

How does America feel about this arrogant, elitist deeply flawed idea?

Most Democrats believe the U.S. Constitution is fundamentally “racist” and “sexist,” a Rasmussen Reports survey released recently found.

Overall, 82 percent of likely voters have at least a “somewhat” favorable view of the Constitution, compared to 14 percent who do not.

According to the report, most of President Joe Biden’s strongest supporters are in favor of rewriting the Constitution. Among voters who Strongly Approve of Biden’s job performance as president, 54% at least somewhat agree that the Constitution “should be mostly or completely rewritten.” By contrast, among voters who Strongly Disapprove of Biden’s performance, just 10% agree that the Constitution should be rewritten and 81% Strongly Disagree with rewriting the Constitution.

If America should ever fall...

In May, President Joe Biden, while pushing for more gun control, told reporters that “the Constitution, the Second Amendment was never absolute.”

Also last month, Georgetown University Law School Professor Rosa Brooks stated that Americans were “slaves” to the U.S. Constitution which was written by “a tiny group of white slave-owning men.”

In March, MSNBC panelist and "The Nation‘s" justice correspondent Elie Mystal called the Constitution “trash” written by the “captains of the slaving industry.”

He also said the Founding Fathers were “racist, misogynist jerkfaces” and spoke of the importance of critiquing the origins of the Constitution, which he described as “not great” and often “working purposefully towards those, not great outcomes.”

In 2020, the University of Texas at Austin Constitutional Law Professor Richard Albert argued that the United States should revise the Constitution to remove “racist” and “gendered” language. 

Abraham Lincoln is often paraphrased as saying if America was to fall it would be from within, not from without from a foreign power. The so-called fact checkers always label these paraphrases as "False."

On January 27, 1838, speaking to the Young Men's Lyceum of Springfield Ill., Abraham Lincoln said this speaking about the well-being of our nation: 

How then shall we perform it?--At what point shall we expect the approach of danger? By what means shall we fortify against it?-- Shall we expect some transatlantic military giant, to step the Ocean, and crush us at a blow? Never!--All the armies of Europe, Asia, and Africa combined, with all the treasure of the earth (our own excepted) in their military chest; with a Buonaparte for a commander, could not by force, take a drink from the Ohio, or make a track on the Blue Ridge, in a trial of a thousand years.

At what point then is the approach of danger to be expected? I answer, if it ever reaches us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide."

John Adams, a Founding Father and second president of the United States said of our Constitution said: 

"We have no government armed with the power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for moral and religious people. It is wholly inadequate to the government of any other."

Be Informed. Be Prayerful. Be Discerning. Be Vigilant. Be Prayerful.