Peter Berkowitz argues
in the Wall Street Journal that conservatives of varying
stripes can unite around the U.S. Constitution. I agree that
conservatives should be united around the Constitution and I look
forward to the longer version of Berkowitz's article that will
appear in Policy Review, but I'm afraid this op-ed piece
does more to show that conservatives are not in fact united in
support of a constitutionalist platform. Aside from the
president's judicial appointments, the Bush years will not
exactly go down in history as the high water mark of
constitutionalism in American politics.
That's an awfully big "aside from". Those judicial appointments
are a huge deal. One more like that and there would have been a
majority for constitutionalism on the Supreme Court.
Ultimately enforcement of the Constitution is up to the people,
and if they don't care to enforce it then it won't get enforced.
But it is 100 times worse when the people and the Constitution
are on the same side, but unelected judges spout hooey and it
becomes "the law of the land". Bush went a long way to reversing
that and that will be a factor long after people forget such
alleged constitutional outrages as spying on terrorists with
insufficient bureaucratic blather.
Mike Showalter| 1.2.09 @ 6:25PM
Hmm, so if "conservatives are not in fact united in support of a
constitutionalist platform", to whom do we turn, Ron Paul?
JoeCitizen| 1.2.09 @ 10:02PM
"the Bush years will not exactly go down in history as the high
water mark of constitutionalism in American politics."
OK, the year is very young. But that may well end up being the
understatement of the entire year.
My advice to conservatives is to spend a good long time getting
to know, once again, what the Constitution actually says. And
finding, somewhere, the courage to actually stand up for it when
the temptations of power come calling once again.
Len| 1.2.09 @ 11:10PM
Joe C., WOW!! Yes one of the requisites for true conservatism is
not just reading the Constitution, but taking a good long time to
get acquainted with it. For those of us who can see how far this
government has exceeded it's legally imposed bounds, it's
disheartening to hear (well for me, and I am assuming for others
as well) so many "Conservatives" speak of small government or
limited government without really citing the Constitution to say
it is what all office holders and office seekers are bound to
abide by. Bush? Oh boy did he ever read it. No Child Left Behind?
where in Constitution. Money to D3? Again, where? Especially for
Pres, as it is Congress that holds purse strings, but not even
Congress, as nothing in Article 1, Section 8 gives them any such
power. Doesn't this then make those who do such things criminals,
as our money is taken by force (I mean we can't stop them). Will
the Leadership of RNC continue in same vain? If so then by
necessity we must abandon the sinking ship if by 2010 (I see it
as really becoming urgent) there is not a dramatic shift of the
Republican paradigm.
Calder| 1.2.09 @ 11:10PM
For 8 years, the Republicans let Prez Bush decide what the
Constitution meant thru his Unitary Executive clause. Now that we
are going to have a Dem President, the Rs are suddenly
remembering all the limitations written in the constitution.
Len| 1.3.09 @ 12:36AM
Yes a good article, I still saw fit to comment though, as
follows;Mr. Berkowitz a rather good article. I would like to
comment on what I see as your misunderstanding the Constitution,
and correct me if I'm wrong (show me in Constitution). As to the
Supreme COurt interpreting the Constitution and not setting
policy, what really is the difference except supposed honesty and
objectivity. It was the early Supreme Court that said that
interpretation is their role, but the Constitution itself merely
speaks of the cases that come under their authority. Related to
the Supreme Court is abortion, which they never really confronted
the issue of whther or not it's murder, in fact one might wonder
what really was being decided, for how would a right to privacy
condone murder. So as to what you said to making less abortions a
goal, why? Either it's murder and we address it as so and see
that none are done, or if not murder, who really cares how many
are done? Your statement was neither intellectually nor morally
honest. As for economic programs and health care I assume you are
referring to Congress's power to regulate commerce and nothing
more. Article 1, Section 8 of the Constitution gives that
authority, but certainly not take money for health care, or set
arbitrary pricing. I am hoping that you do not "see" a "General
Welfare CLause" as so many others manufacture.
Roy| 1.2.09 @ 4:56PM
That's an awfully big "aside from". Those judicial appointments are a huge deal. One more like that and there would have been a majority for constitutionalism on the Supreme Court.
Ultimately enforcement of the Constitution is up to the people, and if they don't care to enforce it then it won't get enforced. But it is 100 times worse when the people and the Constitution are on the same side, but unelected judges spout hooey and it becomes "the law of the land". Bush went a long way to reversing that and that will be a factor long after people forget such alleged constitutional outrages as spying on terrorists with insufficient bureaucratic blather.
Mike Showalter| 1.2.09 @ 6:25PM
Hmm, so if "conservatives are not in fact united in support of a constitutionalist platform", to whom do we turn, Ron Paul?
JoeCitizen| 1.2.09 @ 10:02PM
"the Bush years will not exactly go down in history as the high water mark of constitutionalism in American politics."
OK, the year is very young. But that may well end up being the understatement of the entire year.
My advice to conservatives is to spend a good long time getting to know, once again, what the Constitution actually says. And finding, somewhere, the courage to actually stand up for it when the temptations of power come calling once again.
Len| 1.2.09 @ 11:10PM
Joe C., WOW!! Yes one of the requisites for true conservatism is not just reading the Constitution, but taking a good long time to get acquainted with it. For those of us who can see how far this government has exceeded it's legally imposed bounds, it's disheartening to hear (well for me, and I am assuming for others as well) so many "Conservatives" speak of small government or limited government without really citing the Constitution to say it is what all office holders and office seekers are bound to abide by. Bush? Oh boy did he ever read it. No Child Left Behind? where in Constitution. Money to D3? Again, where? Especially for Pres, as it is Congress that holds purse strings, but not even Congress, as nothing in Article 1, Section 8 gives them any such power. Doesn't this then make those who do such things criminals, as our money is taken by force (I mean we can't stop them). Will the Leadership of RNC continue in same vain? If so then by necessity we must abandon the sinking ship if by 2010 (I see it as really becoming urgent) there is not a dramatic shift of the Republican paradigm.
Calder| 1.2.09 @ 11:10PM
For 8 years, the Republicans let Prez Bush decide what the Constitution meant thru his Unitary Executive clause. Now that we are going to have a Dem President, the Rs are suddenly remembering all the limitations written in the constitution.
Len| 1.3.09 @ 12:36AM
Yes a good article, I still saw fit to comment though, as follows;Mr. Berkowitz a rather good article. I would like to comment on what I see as your misunderstanding the Constitution, and correct me if I'm wrong (show me in Constitution). As to the Supreme COurt interpreting the Constitution and not setting policy, what really is the difference except supposed honesty and objectivity. It was the early Supreme Court that said that interpretation is their role, but the Constitution itself merely speaks of the cases that come under their authority. Related to the Supreme Court is abortion, which they never really confronted the issue of whther or not it's murder, in fact one might wonder what really was being decided, for how would a right to privacy condone murder. So as to what you said to making less abortions a goal, why? Either it's murder and we address it as so and see that none are done, or if not murder, who really cares how many are done? Your statement was neither intellectually nor morally honest. As for economic programs and health care I assume you are referring to Congress's power to regulate commerce and nothing more. Article 1, Section 8 of the Constitution gives that authority, but certainly not take money for health care, or set arbitrary pricing. I am hoping that you do not "see" a "General Welfare CLause" as so many others manufacture.