The president and those who wish to see the Constitution restored to its “original intent” need to reteach it if they are to overcome the liberal orthodoxy expressed by the late Chief Justice Charles Evans Hughes and echoed recently by Attorney General Alberto Gonzales that “the Constitution is what the judges say it is.”
Try that at the supermarket. Is a pound what the shopper says it is, or do scales, which rely on a standard, determine a pound’s true weight? Would we get away with telling a police officer who pulls us over for speeding, “I decided that 70 miles per hour is 55 for me”?
Why, then, this constantly changing Constitution that is in the minds of liberals to be altered like a suit of clothes to fit the wearer, rather than a document to which all must conform if the general welfare is to be promoted?
It is because those revisionists know they can’t use the legislative process to ram through any of their social engineering ideas. … They know the people (with the possible exception of a majority in Massachusetts) would vote them out of office and so they turn to unelected judges, appointed for life, to do their ideological dirty work for them.
If the Constitution is to again be seen as a finished document that has been refinished in recent years, the president must foreswear any talk of “moderation” and “conciliation” in his choice of court nominees. Truth cannot be moderated.
The president owes the country an ideological battle, which he can win if he is willing to fight it. By virtue of his office, he commands attention unavailable to anyone else. He should not only campaign for his nominee(s), he should act like a teacher, quoting the Federalist Papers and the Constitution and making his case that this great document served America well until some judges began tampering with it.