Calling The Constitution A ‘Living Document’ Kills It

To The Reader’s Forum:

Look out for gobs of spin to derail Brett Kavanaugh from the Supreme Court. In rejecting the context, objectivity and original meaning of the text, the left makes the Constitution a dead document, but they spin their redefinition of words, exclusion of the context, and invention of non-constitutional law to market the Constitution as a “living document.” The spin of the living document is a leftist trick to deceitfully sway the public into rejecting the real Constitution and a nominee true to it.

Their pitch to ditch the real one for a fake constitution appeals to precedence and settled law. Precedence and settled law are fine if they fit within the confines of the Constitution, but the left sets precedence above the Constitution, until the settled law no longer suits their purposes like keeping Dred Scott a slave, people groups separate but equal, and Americans of Japanese descent interned in camps.

To control the language, the left politicizes the court in terms of pitting progressivism against “right-wing politics.” To leverage this spin politically, repeating the word “progressivism” sounds much better to the public than judicial activism, which makes up law not found in the Constitution. Repeating the phrase “right-wing politics” sounds much worse to the public than textual originalism, which interprets the Constitution as written.

The left places the focus on politics rather than the Constitution itself. Applying the plain text of the Constitution to the case before the court is the job of the justices regardless of their political persuasion and affiliation, but if you are a judge on the left, it’s the political activism to advance, not the law to uphold, that’s the objective.

When the left can’t accomplish their objectives through ballot box, they rely on 5 black robes to arbitrarily impose their agenda for them. The Court is their go-to branch. Like Mark Levin opines, the court to the left is like the Politburo (a policy making committee doing an end-around the legislature). They view the judiciary not so much as an independent but as a superior branch to void what the people did through the due process of legislation as in state marriage amendments.

Like those who want Sharia law in America by using the Constitution to destroy the Constitution, the left exploits the instruments (like the judiciary) in the Constitution against the Constitution. Nominee Brett Kavanaugh (“Coach K”) appears to faithfully uphold the Constitution to keep the Constitution.

The Rev. Mel McGinnis