Presentation, “God, Man and Law” by Joseph Sobran, briefed and [notes] added by David Norris

The Constitution was the instrument by which the American people granted, or delegated, certain specific powers to the federal government. Any power not delegated was withheld, or “reserved.” As we’ll see later, these principles are expressed particularly in the Ninth and Tenth Amendments, two crucial but neglected provisions of the Constitution.

Let me say it yet again: The rights of the people come from God. The powers of government come from the people. The American people delegated the specific powers they wanted the federal government to have through the Constitution. And any additional powers they wanted to grant were to be added by amendment.

It’s largely because we’ve forgotten these simple principles that the country is in so much trouble. The powers of the federal government have multiplied madly, with only vague justifications and on the most slippery pretexts. Its chief business now is not defending our rights but taking and redistributing our wealth.

Of course no one in American politics, not even the most fanatical liberal, will admit openly that he doesn’t care what the Constitution says and isn’t going to let it interfere with his agenda. Everyone professes to respect It [even some Professors in Law schools and unelected lawyers on the Supreme Court]. So the people who mean to do without the Constitution have come up with a slogan to keep up appearances: they say the Constitution is a “living document,” which sounds like a compliment. They say it has “evolved” in response to “changing circumstances.” These people, who tend with suspicious consistency to be liberals, have discovered that the Constitution, whatever it may have meant in the past, now means—again, with suspicious consistency—whatever suits their present convenience.

Do liberals oppose capital punishment? Lo, the ban on “cruel and unusual punishment” turns out to mean that capital punishment is unconstitutional! Do liberals want abortion on demand? Lo, the Ninth and Fourteenth Amendments, plus their emanations and penumbras, turn out to mean that abortion [of living fetuses by the millions] is nothing less than a woman’s constitutional right!

Can all this be blind evolution? If liberals were more religious [in matters of the Bible], they might suspect the hand of Providence behind it! This [what they call a] marvelous “living document” never seems to impede the liberal agenda in any way. On the contrary: it always seems to demand, by a wonderful coincidence, just what liberals are prescribing on other grounds.

Take abortion. Set aside your own views and feelings about it. Is it really possible that, as the Supreme Court in effect said, all the abortion laws of all 50 states — no matter how restrictive, no matter how permissive — have always been unconstitutional? Not only that, but no previous Court, no justice on any Court in all our history — not Marshall, not Story, not Taney, not Holmes, not Hughes, not Frankfurter, not even Warren — had ever been recorded as doubting the constitutionality of those laws. Everyone had always taken it for granted that the states had every right to enact them. Are we supposed to believe, in all seriousness, that the Court’s ruling in Roe v. Wade was a response to the text of the Constitution, the discernment of a meaning that had eluded all its predecessors, rather than an enactment of the current liberal agenda? Come now.

And notice that the parts of this “living document” don’t develop equally or consistently. The Court has expanded the meaning of some of liberalism’s pet rights, such as freedom of speech, to absurd lengths; but it has neglected or even contracted other rights, such as property rights to which liberals [are normally] hostile.

In order to appreciate what has happened, you have to stand back from all the details and look at the outline. To be continued…

Used by the permission of “The Schwarz Report”, August 2005, current address: 227 E. 6th St., Long Beach, Ca, 90802. Pat Buchanan, “Joseph Sobran is perhaps the finest columnist of our generation.”

~ D. Norris

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