A Fading Constitution?
Posted by Lawrence Taylor on April 15th, 2007I believe in the Constitution. And I have railed long and hard about the damage being done to that great institution in the name of fraudulent schemes like "homeland security" and the so-called "war on drunk driving".
Our Constitution is a marvelous document, the cornerstone of a great nation, and one which is admired and emulated around the world. But it is only a document; it has no magic. The Constitution gives the people no more than what is already within them. When the Supreme Court approves warrentless stops and searches of citizens at DUI roadblocks and there is no outcry, the people are getting what they deserve; the document will not save them.
The banner above says that our Constitution is fading. That is, of course, inaccurate. The document is quite clear; it is the will and courage of the people that is fading.
The following is from a speech given by the renowned Judge Learned Hand of the U.S. Circuit Court of Appeals in New York’s Central Park on May 21, 1944:
I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it. No constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it.
in 1870 lysander spooner let fly with the truth on this highly flawed and inordinately respected creation.
“But whether the Constitution really be one thing, or another, this much is certain—€”that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”
obviously true, yet it’s the worst sort of blasphemy to many. today, most US residents scoff openly at the idea of mutual liberty, calling it dangerous and in need of supervision, while the unchecked monopoly of government, regardless of its overwhelming, habitual disasters, suffers at most a “tsk tsk. we must do better.” the sedition act, an egregious, overt violation of the first amendment was enacted by congress in 1798. learned hand explained how this could have happened.