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The Spectacle Blog
Like Joe, I appreciated Ramesh Ponnuru's article on constitutionalism. He writes of the constitutional amendments Rick Perry has supported, "[T]he principal argument for all of them is precisely that they would undo the damage to the constitutional order that departures from constitutionalism have done." Ponnuru argues that Perry "wants to amend the Constitution in order to restore it to its proper meaning."
There is, however, one real sense in which conservative constitutional amendments cut against this objective. They create the appearance, even if this is not what supporters intend, that there is something wrong with the Constitution necessitating a change rather than something wrong with the judges Congress has other constitutional means of controlling.
It's not Rick Perry's fault that strong political norms against impeachment and jurisdiction-stripping have made constitutional amendments seem like the only way of resisting judicial assaults on the Constitution. But the constitutional amendment strategy embraced by the broader conservative movement is one that has contributed to misunderstandings of constitutionalism. It is also a strategy that has seldom succeeded.
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More Blog Posts by W. James Antle, III
http://spectator.org/blog/2011/09/27/constitutionalism-and-constitu
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Rogue Elephant| 9.27.11 @ 5:29PM
The answer isn't impeachment, but term limits. The courts are creatures of Congress. Judge for life is not in the Constitution. Judges should be appointed for terms, subject to re-appointment. Judges need to be held to account. It is time to reform the judiciary.
Al Adab| 9.27.11 @ 5:30PM
The Ponnuru article and these collums regarding it point out the handicap under which we as Conservatives battle. Anything which might be considered Conservative Activism violates the movements principles. That leaves us at a disadvantage in implementing an agenda. We seek a return to originalism and the rule of law, not outcome based legislation. To layer amendments upon amendments and regulations upon regulations leaves us with a Talmudic government of hair-splitting not one of Liberty and general principles. A dilemma yes, but surely not an insurmountable one.
W| 9.27.11 @ 7:59PM
Al Adab,
On Saturday I attended a speech by Judge Scalia. He is great. His principle is simple: What does the constitution state, not what we would like it to say. And it does not evolve. It is what it is.
He made a great point in that there are certain eras that produce outstanding creativity. For example the Renaissance in art in Europe, especially Florence, and the Greek period of Plato, Socrates, Aristotle and others that is the foundation of all philosohy.
He said the Founding Fathers era with Jefferson, Madison, Franklin, Mason, Washington, Adams, Marshall, and others was such an era for political science/government.
C Bowen| 9.27.11 @ 5:58PM
"It is also a strategy that has seldom succeeded."
It has succeed perfectly well for the Republicans. The Republicans voted to fund Planned Parenthood year after year under the Bush Administrations (and the Reagan Admin) , and how many pro-life leaders like Rick Santorum--voted for Planned Parenthood funding year after year, but oh wait, they are for a Constitutional Amendment.
Laughing all the way to the bank with DC professional Pro Lifers.
bobmontgomery| 9.27.11 @ 9:51PM
What Rogue said. There are 864 federal judges.
There are more federal judges overseeing Indiana than there are Senators in the Indiana State Legislature.
Reduce Weight Fruta Planta| 9.28.11 @ 4:41AM
Yes,just as what bobmontgomery said,there are more also more federal judges in other counties than there are senators in the Indiana satates.
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