Tuesday, February 14, 2012

U.S. Constitution: Bad Model?

So, have you heard the news? Apparently, the United States Constitution is a bad model and modern nations should not use it when drafting their own forms of government.

That was the main sticking point of Noah Feldman's article in Bloomberg earlier this week, agreeing with Associate Justice Ginsburg that our constitutional model is out of date and that nations like Egypt would be better off copying South Africa's model.

I haven't read such baloney in a long, long time concerning the law of the land, and quite frankly it sickens me, so here's a few minor points to counter Feldman's arguments:

1. Originalism - Feldman argues that the fights over originalism are old and tiresome, and new forms should attempt to avoid any supposed murkiness in the founders intent. The truth is, if liberals would stop trying to rewrite the constitution to suit their ideology and actually followed the letter of the law, there wouldn't be constant battles over originalism. Such as the debate over the 'welfare clause' in the preamble, which shouldn't even be considered because preambles are non-binding and only state what a document means or why it was written.

2. Subjective history - Feldman argues that the originalists on the court today have a subjective view of the constitution that always lines up with conservative ideology. There's a reason for that: conserve means to preserve something, to keep it the way it was. Conservatism is based around preserving law, culture and government as intended by our founders. So, yeah. When your ideology is based on living up to the founders original intent, which was small government, and checks and balances, your going to line up most of the time.

3. Judicial review - Feldman claims judicial review isn't mentioned in the Constitution and that the system naturally evolved to accomidate the necessary change. I call bull. Considering the judiciary was and is charged with upholding the constitutionality of laws and actions from its creation, legal review is required. But, okay, the constitution doesn't say the words judicial review, but thats what their tasked with doing, such as Chief Justice Marshall correctly pointed out in 1803.

What say you?

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