Dumbed-Down Talk About The Constitution

Professor Jacobson notes some more “dumbed-down talk about the Constitution from . . . liberal columnists, this time Amanda Terkel (formerly of Think Progress) writing at HuffPo with the headline: Scalia: Women Don’t Have Constitutional Protection Against Discrimination.”  As the professor notes,

Scalia’s point is the fairly standard view that the 14th Amendment does not broadly apply to prohibit all forms of discrimination on the basis of sex.

Jacobson then briefly demonstrates that Scalia is both correct in this view and has no problem with anti-discrimination legislation, he just doesn’t think, correctly, that discrimination on the basis of gender — either gender — is barred by the Constitution.

Jacobson closes his post by saying that “I wish these people would stop dumbing-down the Constitution.”  So do I, but here’s the problem.  In many ways, the modern American liberal philosophy requires dumbing-down the Constitution. 

Thus the lament about the First Amendment commonly heard when conservatives suggest that the federal government should not subsidize odious art under the NEA, or that the federal government should not be funding liberal news outlets PBS and NPR. 

Thus the deer in the headlights look from liberal politicians when asked what constitutional authority they have for the ObamaCare individual mandate. 

Thus the liberal shock upon learning that the words “the right of the people to keep and bear Arms, shall not be infringed” means that the right of the people to keep and bear arms shall not be infringed.

Much of the modern liberal agenda — which seeks to impose its will through federal legislation, federal regulation, or by federal judicial fiat — would NOT withstand a rigorous application of the fundamental principle in the Constitution of a federal government granted defined and limited powers.

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Published in: on January 4, 2011 at 10:22 am  Leave a Comment  

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