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If she can no longer support and defend the Constitution, as she is sworn to do, she should leave — and take the New York Times with her.
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The solution was the Ninth and Tenth Amendments, as elegant a bit of programming as any Microsoft computer jock ever devised:
IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
In other words, just because it isn’t written in the Constitution doesn’t mean it isn’t permitted. The people and the states already retain these rights and powers and don’t need to have them specified. There is a right to travel. There is a right to wear hats and put on shoes in the morning. We just don’t have to write it all down. It’s very simple programming logic.
So Justice Ginsburg and thousands of others like her have got it all wrong. She thinks her job as a Supreme Court Justice is to sit there doling out “rights” like Louis XIV doling out pardons or the Medieval clergy doling out papal indulgences. What she doesn’t realize is that we’re a free people who already have the “Right to Life, Liberty and the Pursuit of Happiness.” We don’t need any help from the Supreme Court. So in the matter of the health insurance mandate in Obamacare, for instance, we don’t have to manufacture a “right” to be free from conscription into a government-run healthcare program. We simply have to ask, “Where in the Constitution does it say the government is entitled to force people to buy any commercial product?” Answer: Nowhere.
So let the rest of the world go on writing 1,000-page constitutions guaranteeing food, clothing, shelter, travel, freedom from government harassment and all the other things they don’t intend to provide. We’ll settle for our “old and terse” document that allows us to pursue our own happiness in whatever way we choose.
It’s something else that Justice Ginsburg probably doesn’t understand. It’s called “American Exceptionalism.”
William Tucker’s play, Founding Fathers, is about the Writing of the Constitution.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?