Is the Constitution Broken?

Is the Constitution broken?

Two Ivy League professors think so. Of course, I have argued it has been broken since 1789. Southerners said it was broken in the 1850s.

Asking this question is nothing new, but the fact that two leftist law professors have broached the question means something has shifted in the United States.

You see, now that progressives no longer control the federal court system, they see the Constitution as beyond repair, and for the first time, these professors are admitting that they need to play a different game on a different field.

In other words, they are conceding that “originalism” is the correct way to interpret the Constitution.

They cannot win by basing their arguments on “constitutional” positions. Why? Because they can’t find a constitutional justification for just about any of them.

That hasn’t mattered in the past because the federal court system provided cover. But now that a supposed conservative super majority has ruined the Supreme Court, their only hope is to create a new game with new rules.

I’ve said they’ve been doing this for years. I remember making this argument at a Federalist Society luncheon about a decade ago. I don’t think they got it then, but when the Left openly says this is what they should be (and I argue have been) doing, perhaps people should listen.

What’s really remarkable is that most people don’t realize the Constitution has been ignored for a long time. In fact, the Radical Republicans suggested Americans needed to interpret the document not as it was ratified but by how THEY interpreted the it.

Translation: we know our positions do not line up with original intent. Who cares? This is how it SHOULD be interpreted. You will be assimilated.

The Radicals insisted on remaking America in their image. That included how we interpret the Constitution.

I discuss the broken Constitution on episode 693 of The Brion McClanahan Show.