Monday, October 31, 2005

Which Average Americans?

I guess home owners under threat of having their home taken by the government and re-sold to the highest bidder don't count as "average Americans."

That's the problem with "living Constitutions". It's a shame that Senator Shumer doesn't recognize that the only thing that protects "the little guy" (or anyone, for that matter) in a world of "living Constitution" liberal jurisprudence is the beneficence of at least 5 people who can't be voted out of office.


PubliusRex said...


PubliusRex said...

The real problem with living constitutions is that they lack the requisite level of certainty that is required of a *social* contract. Afterall, the constitution represents an agreement between Americans as to the levels of power they were willing to distribute between the people, the states and the federal government in order to better secure their own liberty. A living constitution permits the perversion of the terms of that agreement with nothing more than a basic majority of the electorate and makes an end run around the amendment process.