Who Killed The Constitution? Interesting question, if only the Constitution were itself dead. I think Libertarians get themselves in trouble when they talk about social welfare legislation as being unconstitutional, when you have Federal court decisions going back eighty years saying that these programs are constitutional. And for good reasons as well, under the Welfare Clause and the Commerce Clause. Instead Libertarians and Conservative Libertarians, would be better off simply arguing the merits of these programs. “Should they even exist in the first place. If not, how you get rid of them. Since we might be stuck with them, would we be better off if they were run at the state level?” Something Charles Murray, has suggested. Instead of trying to make the case that the New Deal and Great Society are unconstitutional, when 7-8 out 10 Americans disagree with you.
As far as the Constitution, I believe it has been weaken. At least since the so-called War on Terror was launched in 2001. And we’re technically still fighting it today, with the Patriot Act and everything else. But the First Amendment, our Freedom of Speech and Religion, are still very strong. Our Second Amendment, when was the last time a major gun control law was passed and held up the U.S. Supreme Court? Equal Protection Clause, with same-sex marriage becoming the law of the land and other anti-gay laws being struck down. The Fourth Amendment, for anyone Left and Right interested in the Right to Privacy and believes in personal freedom in general, has taken a big hit under the War on Terror. And Congress, not doing their jobs and holding the Executive accountable when it comes to declaring war. But that’s Congress not doing their jobs and their people not holding them accountable.
The Constitution, has certainly been weaken, the last fifteen years, or so. And both the Bush and Obama administration’s have taken advantage of that. But Charles Murray, isn’t able to write his book about the Constitution and I’m not blogging stuff that goes against the Obama Administration, without the First Amendment. As well as others, because we would be thrown in jail, or at the very least held for questioning, for suspicion of being enemies of the state, or something. For printing material that goes against current government policy. The Constitution, is a great and beautiful thing that grants along with the Bill of Rights all of our individual freedom, both personal and economic. And when the government follows the Constitution, we tend to get good government. But even when they don’t, the Constitution is still there protecting our freedom. From intrusions of big government.