Originalism vs. Living Constitution
For those who have no clue about judicial philosophy or the different ways to interpret the U.S. Constitution, this video is great. Take a look and leave comments if you’d like.
For my conservative and libertarian friends, most of you would probably be originalists, while the other side would choose the always changing “living constitution.”
I’d like to offer my congrats to the 44th President of the United States, Barack Obama on his swearing-in today. While I agree with next to none of Obama’s policy proposals, today is a day to be proud of America’s long tradition of welcoming peaceful transition from one government to another. Today’s commentary from the media is almost exactly what I expected; liberals rejoiced in a Democrat becoming president on the wings of unity, while conservatives trashed Obama’s policy proposals and questioned his character. Those who know me understand I cannot stand the rhetorical back and forth between liberal and conservative pundits and tend to take a more academic approach to events like these. Today was no different; looking through the rhetoric and seeing the enormity of today’s events however, I found myself proud of my country. Not because of the “change” Obama represents, but for this Union’s tradition of peaceful transition of power from one party to the next.
When looking at the “big picture” of human history, we find that peaceful transition of power is a relatively new concept. While many leaders throughout history handpicked their successors or ruled on the side of strong, standing armies, America took a different approach. Its people decided to take a new course, a course based not on the will of a king or the sovereignty of Parliament, but a path based upon the liberty of republican virtue and self-government. This experiment is still ongoing, an experiment pitting a fixed constitutional justice against man’s own self-interested nature. Though this Union has not always interpreted its constitution as it should, and though it has committed injustices in the name of liberty, this compact of states composing the United States of America has shown its resilience to renew itself time and again. For all that disturbs me about the loss of our liberties, I am truly proud this Union has transitioned and started anew.
While we should work tirelessly to bring about real change in terms of conservative and libertarian ideals, we should remember we still live in the best nation on earth. We must remember that though we differ about politics, we Americans have more that unites us than divides us. It’s back to work tomorrow, but tonight, let us celebrate our powerful tradition of peaceful transition.
