The American Spectator

home
ADVERTISEMENT
Constitutional Opinions
Print Email
Text Size

Constitutional Opinions

Hard Times for Our Founding Documents

The new president may think he's Solomon, but he's not quite there yet.

(Page 2 of 2)

Blackmun plumbed unexplored depths of the Constitution to discover an unrestricted (and until then, wholly imaginary) right to abortion. His discovery was made possible by what Douglas had earlier called "penumbras and emanations" associated with "specific guarantees in the Bill of Rights."

When you've raided the vocabularies of astronomy and chemistry to find a right to privacy in the penumbra of an emanation, it's no great leap to suppose that people have penumbras and emanations, too, and that in turn would suggest that reading the heart of a Supreme Court nominee is -- if you'll pardon the expression -- child's play.

Judges whose hearts reveal conservative penumbras or sympathy for Scalia-style "originalist" thinking, will not be nominated by this administration for seats on the Supreme Court, and that is why Constitutional Law has fallen again on hard times, even as modern Democratic adulation for the nobility of law elevates another coffee klatch of law school graduates to positions of political power.

Page:   12

About the Author

Patrick O'Hannigan is a writer in North Carolina.

Letter to the Editor View all comments (20) | Leave a comment

Robert Nowall| 1.28.09 @ 6:16AM

"Repeat after me"...doesn't seem that hard to do, does it?

Jason| 1.28.09 @ 7:54AM

I am convinced that Obama has nothing but contempt for our constitution.
http://www.rightklik.net/

Jeremiah| 1.28.09 @ 7:57AM

You people are cynical and weak.

Grow up.

Todd| 1.28.09 @ 8:41AM

Did you read the article yesterday about the virtues of being cynical Jeremiah? We are damn right to be cynical and it is the grown up attitude to do so and to see things as they really are instead of what some certain charlatans would have us believe. You want to live in a land of make believe and hope, go ahead Jeremiah but you are the one that needs to grow up and who is weak. Are we weak because we don't support a welfare State and believe in the individuals responsibility for his own well-being?

Stan Redmond| 1.28.09 @ 12:06PM

Jeremiah: .

"I'm sick and tired of people who say that if you debate and disagree with this administration, somehow you're not patriotic. We need to stand up and say we're Americans, and we have the right to debate and disagree with any administration." -Sec. State Hillary Clinton

Crusader| 1.28.09 @ 2:25PM

Stan, the dims are in power now. Now, we won't hear about "debate," we will hear about "obstructionism." Geez I'm already hearing it on local talk radio where I live. The host is chastising House Rs as being childish and obstructionist because these are "tough times" and "the people" want (the proverbial) "something" done. Yet just a year ago House Ds were principled, patriotic heroes every time they opposed GWB.

Up is down and black is white and right is wrong. It is the Dims la-la land.

Bob Montgomery| 1.28.09 @ 3:38PM

"Citizens of the world, our time has come!" This uttered even before you guys realized he was the messiah; but HE knew! The founding documents have been relegated to the dustbin of history.

Michele San Pietro| 1.28.09 @ 3:46PM

Obama puts on airs. And that's not good at all.

Thom| 1.28.09 @ 4:30PM

We only have the rights we are willing to exercise. We only have the freedoms we we are willing to fight for. Both are under served at the moment.

My words but hardly original thoughts with regard to this Nation’s founding.

Alan Brooks| 1.28.09 @ 7:12PM

Jeremiah couldn't back up his Gitmo statements yesterday, either (only three waterboardings and that's it). He's striking out at first base more and more.
perhaps a change of venue might do him some good?

cnr| 1.28.09 @ 7:16PM

If conservatives ever wonder why liberals hold them in contempt, just look at the amounts of scorn heaped upon even the most moderate liberal ideas.

G| 1.28.09 @ 7:44PM

Watch FREE full length Movies, TV Shows, Music (over 6 million digital quality tracks), Unlimited Games, and FREE College Educations @ InternetSurfShack.com

Jim| 1.28.09 @ 9:01PM

Obama is arrogant,selfish socialist thug, nothing more, nothing less. He is devious but he is not intelligent, nor is he an articulate speaker, he cannot function without a pre-packaged response.
He is also in his actions childish, in short he is a buffoon.

Jeremiah| 1.28.09 @ 10:12PM

cnr, there's no such idiocy as a "moderate liberal idea". It's a double oxymoron: liberals are not moderate and they have no idea.
We don't liberals in contempt, we just kick their butts for breakfast.

cnr| 1.28.09 @ 10:14PM

Isn't it supposed to be: "We don't HOLD liberals..."?

Jeremiah| 1.28.09 @ 10:16PM

No time for holding. Time to kick.

Leroi| 1.28.09 @ 10:38PM

"...Blackmun plumbed unexplored depths of the Constitution to discover an unrestricted (and until then, wholly imaginary) right to abortion. His discovery was made possible by what Douglas had earlier called "penumbras and emanations" associated with "specific guarantees in the Bill of Rights." ..."

Douglas had to resort to "penumbras and emanations" because since the New Deal the SCt, including Douglas, had given the government all power. To have rights, exceptions to that power must be found, and since privacy is not mentioned in the Constitution it must be a "penumbra or emanation" of something that is in the Constitution.

On the other hand, if the Constitution is a grant of limited and specific powers to the federal government, then the federal government is not granted a right to invade privacy except as specifically permitted, and no "penumbras and emanations" are necessary. So Griswold becomes simply: the Constitution does not grant the federal government the power to regulate privacy as embodied in this case in private birth control decisions.

And, since abortion is also not specifically mentioned in the Constitution, the federal government has no power to regulate or affect it.

stmichrick| 1.30.09 @ 10:36AM

Hey Bob,

This is the first of the 'teaching moments' you ridiculed a while back.

I think it is clear to most people why Republicans stood together on this. Hopefully it will continue when more leftist 'Christmas trees' come down the chute or when something truly onerous like moving to import battlefield terrorists into the U.S. judicial system.

The electorate was drunk when they elected our 'American Idol' president and may respond well to well-enunciated hangover prescriptions by authentic conservative leadership.

Thom1s| 1.30.09 @ 4:19PM

Heard the latest?

Obama is going to change the oath for members of the armed forces. Instead of swearing to protect the Constitution, members will be asked to take an oath to protect the President, thus converting what has been a magnificent force serving the Republic for the last 233 years to Mr. Obama's private security force.

jkh| 11.19.09 @ 10:15PM

MKV Converter,
Convert MKV File

Leave a Comment

N.B. We encourage readers to share and discuss their thoughtful and relevant comments about this Spectator article. Comments are routinely monitored and will be deleted if profane, bigoted, or grossly impolite. Please be respectful. (And don't feed the trolls!) Thank you.

More Articles by Patrick O'Hannigan

More Articles From Constitutional Opinions

http://spectator.org/archives/2009/01/28/hard-times-for-our-founding-do

ADVERTISEMENT

The Spectacle Blog

Gallup: Veterans Prefer Romney

W. James Antle, III | 12:48PM

Markos Moulitsas is Scum

Quin Hillyer | 10:35AM

Weekend Political Wrap-Up, Memorial Day Edition

W. James Antle, III | 5.27.12

An Honor Flight Story

TAS Staff | 5.26.12

WaPost Criticizes Romney's Lack of Rhythm

Aaron Goldstein | 5.25.12

Tom Coburn on the Debt 'Disease'

Vivien Chang | 5.25.12

SPONSORED LINKS

Special Feature

Better that we become a nation of choosers rather than beggars. Our symposium on choice from the May, 2012 issue:

A Time for Choosing

James Piereson

The Road from Serfdom

Stephen Moore and Peter Ferrara

FLASHBACK TO: 1984

Clip of the Day

Most Popular Articles

Meet the Flukes!

F. H. Buckley | 5.25.12

In Search of Muhammad

Aymenn Jawad Al-Tamimi | 5.25.12

The Wisconsin Turning Point

Peter Ferrara | 5.23.12

Follow Me

Jay D. Homnick | 5.25.12

Age and Kyl

Quin Hillyer | 5.25.12

How About the Record of DOE Capital?

William Tucker | 5.25.12

In a Class of His Own

Daniel J. Flynn | 5.25.12

The Great Debate

R. Emmett Tyrrell, Jr. | 5.24.12

ADVERTISEMENT