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“Our Constitutional Journey”

On the first day of the Senate Judiciary Committee’s hearings on the nomination of Judge John G. Roberts to serve as Chief Justice of the U.S. Supreme Court, Sen. Joe Biden (D.-Del.) gave Americans new reason for gratitude that the ethical lapses discovered during Biden’s 1988 bid for the presidency foreclosed his own chances of nominating a Supreme Court Justice.

Referring to “our constitutional journey”, Biden discoursed on “a genuine intellectual debate going on in our country today over whether the Constitution is going to continue … to empower the federal government”. What he meant, of course, is whether the judges who interpret the Constitution are going to continue to ignore its limitations on federal power.

Had Biden done more of his own work in law school, perhaps he would realize that the Constitution is supposed to protect the people from the government. That’s why there’s a Bill of Rights. That’s why there is an enumerated list of federal powers.

Biden wants a Constitition that changes with the times. That’s okay. That’s why there’s an amendment process–an amendment process that leaves the power of Constitutional revision to the people, not to judges.

What’s not okay is for judges to interpret the Constitution as if it it said what they want it to. That is called judicial activism. And it’s another example of public officials seizing the power that the Constitution houses with the people.

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1 thought on ““Our Constitutional Journey”

  1. Dear Leslie,

    A driver should not think that the map means anything he or she wants it to mean. It’s okay for a group of careful cartographers to issue an update to a map after due consideration, but I would be concerned if I were riding in Senator Biden’s (D-Del.) car and he said, “I want to take a journey to some friendly territory. Everybody tells me that blue on a map means Democrats. So I’ll just keep driving east from my home state until we’re deep in the big blue place.”

    Sincerely,
    Bryan Atchison

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