Saturday, June 3, 2017

America's Living Constitution

America has a living Constitution.  The Constitution is living because it reflects the ability of the American people to amend it.  When Americans’ values change or when scientific advance changes politics, the American people can change the Constitution in two ways. 

First, the Constitution says that two-thirds of the House and Senate and three-fourths of the states can vote to amend the Constitution.  Second, two-thirds of the state legislatures can call a Constitutional Convention that can amend the Constitution.  These democratic processes provide for shifts in public opinion. 

The Constitution does not delegate the authority to decide Constitutionality to the federal courts, nor does it give the Supreme Court the authority to legislate, nor does it give the Supreme Court the authority to amend the Constitution.  The Supreme Court claimed that it has the power to amend the Constitution in the case of Griswold v. Connecticut, in which it claimed that it and only it  could identify new  penumbras of the Constitution.  This arrogation of power has given it the authority to invent law, an authority that Hitler claimed for himself through his doctrine of Fuehrerprinzip. 

In contrast, George Washington believed that the president determined Constitutionality, and Andrew Jackson felt no qualms about ignoring the Supreme Court’s claims about Constitutionality.

The Constitution does not delegate authority to amend it to the Supreme Court.  There is no provision for the Supreme Court to update, revise, or change the Constitution based on their claims of penumbras or social evolution, which Supreme Court justices, who are just legal experts, have no authority, knowledge, or competence to determine.  

The claim that the Supreme Court has such authority and that the Constitution is living in the sense that its meaning can be adjusted to reflect the caprices of the Supreme Court justices is another way to express Hitler's principle of Fuehrerprinzip—the theory that his personal whim was law. The phrase living Constitution  means the nine-fuehrer principle: Neunfuehrerprinzip.

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