Friday, February 14, 2020
Miscellaneous Constitutional Observations
I have a few miscellaneous Constitutional thoughts or observations:
1. There was at least one positive that I observed from the impeachment trial and that was at least both sides did their best to provide an originlist argument. The Left did not try to give a living Constitution argument by saying the Constitution must change and adapt to modern society. On the contrary, all their arguments to impeach Trump were based on their interpretation of the Founders impeachment clause. I do not think it was a complete originalist argument because in many cases they did not provide the Founders true meaning but intent and that is where they went wrong.
2. One thing that has become apparent is we are polarized society. And what I find very interesting is that a conservative and liberal believe the Constitution follows their ideology with no exception. It is similar to how everyone on the right believes that all criminals are liberals and vice versa. These philosophies amaze me and they prove most people have very self awareness and completely brained washed. For instance, conservatives view all illegals as hardened criminals and liberals view all illegal aliens as angels. Both sides see each other as extremists over every single issue. And what is the result of this behavior. Both sides are actually drifting further from the center to support extreme views. I too used to think the Constitution supported all of my views and I was wrong. For instance, I used to Miranda rights, popular vote for Senators, and One person One Vote were good decisions, they were not. Even desegregation decisions such as Brown v. School Board were decided correctly, SCOTUS used highly flawed rationale. I believed majority rule and democracy were the meaning behind the Constitution. I was wrong, equal rights for all and a Republic were the meaning behind the Constitution.
Learn more from my book: Defending Freedom of Contract
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