Thursday, January 27, 2022

Biden wants to bring the "living Constitution" back to life

 Now that Justice Breyer has announced his retirement, Biden gets to nominate a supreme.  Back during his campaign he promised to nominate a black woman.  The Wall St Journal showed five leading candidates, all black women.  None of their names meant anything to me.  At least all five had "Judge" in front of their names.   

The doctrine of a "living Constitution" means that a lot of changes have occured since the Constitution was ratified way back in 1789.  And it is the duty of judges and courts to change the Constitution to support their view of the proper course of modern events, leftie, greenie, and worse.  I don't believe this.  It is the duty of elected legislatures, both Federal and state, to pass new laws or amend the constitution if necessary.  If the voters are in favor, the changes will happen.  If the voters are not in favor, or just don't care, changes won't happen.  That is representative democracy.  When unelected judges change the law it is tyranny. 

I wonder how those five leading candidates feel about living constitutions.  Someone ought to ask them during the confirmation hearings.  Courts should enforce the law as written, not the law they wish was written.

 

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