Liberals love to talk about a Living Constitution. A Living Constitution is a document with flexibility. Liberals want a document they can take an oath to uphold, saying “so help me God,” so they can manipulate to suit their leftist ideals. If they believe the Constitution is living in the sense that it is malleable, then they did not swear falsely. For a liberal, to uphold the Constitution means infusing it with liberal governing principles.
I find it the height of hypocrisy that liberals want a living, that is, a changeable constitution without following the rules to make those changes, but don’t want anything else to change unless it fits with liberal ideas.
Once the Supreme Court ruled that the Constitution provides for the right of abortion, that ended any further discussion of the topic. There’s nothing “living” about a pro-abortion ruling, either figuratively or literally.
The same is true for homosexuality. In fact, homosexual groups have pressured news outlets to stop covering anti-homosexual arguments. Since it’s been determined that the Constitution supports “gay rights,” to allow for a debate on the topic is the same as entertaining the view that slavery should be considered a legal practice.
Pick any popular liberal topic, and you will find that liberals don’t believe in a living anything. Their views are sunk deep in ideological concrete never to be moved. But if it’s abortion, homosexuality, gun control, and taxing policy, then the Constitution is as flexible as overcooked spaghetti.
Inevitably, liberals turn to their liberal icons for their support of a living constitution. The latest is Abraham Lincoln. The claim is that Lincoln’s use of the word “organic” meant that he was referring to biology (living) and not law (foundational principles). This is not the case.
In Lincoln’s First Inaugural Address, he uses “organic” in the legal sense. “This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it.” There you have it. If you want to change the organic law of the Constitution (see below), you have to follow the Constitution’s procedures for change.
Here’s a typical legal definition of “organic” as it relates to law:
“An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization’s body of rules. A constitution is a particular form of organic law for a sovereign state.”
The key word is “foundation.” If there’s one thing you don’t want in the building of anything is a fluid, ever-changing foundation.
The Organic Laws of the United States of America are listed in the first volume of the United States Code. They include the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.
The Constitution lives when it is honored for what it is and it is followed on its own terms. If you want to change it, then follow the rules of the Constitution.
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