On Friday, The New York Times published its latest op-ed calling for the end of the Constitution of the United States. The authors, Ryan Doerfler and Samuel Moyn, teach law at Harvard and Yale respectively. They argue that the Left’s progress has been stymied by constitutionalism itself. “The idea of constitutionalism,” they correctly write, “is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day.” This, of course, orients the process of law toward the past: there are certain lines that simply cannot be crossed. And, as Doerfler and Moyn point out, “constitutionalism of any sort demands extraordinary consensus for meaningful progress.”
And herein lies the problem for Doerfler and Moyn: constitutions “misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now.” The solution, they say, lies in dispensing with the Constitution entirely; the proper solution to the Constitution is in “direct arguments about what fairness or justice demands.” After all, they admit, “It’s difficult to find a constitutional basis for abortion or labor unions in a document written by largely affluent men more than two centuries ago. It would be far better if liberal legislators could simply make a case for abortion and labor rights on their own merits without having to bother with the Constitution.”
How can the Constitution be jettisoned? The authors suggest packing the Union with more states; “reorganizing our legislature in ways that are more fairly representative of where people actually live and vote”; turning the Senate into a legislative vestigial organ, without any actual power.
At least they’re saying the quiet part out loud.
The truth is that the Constitution is “antidemocratic,” in the sense that it sets up a series of limits on what a democratically elected government can do. The Constitution is a charter of limited powers, delegated by the people and the states to the federal government; neither the people nor the state governments would ever have consented to the sort of pure populism promoted by Doerfler and Moyn. The founders deplored the idea of an unfettered federal government ruled only by popular passions. That is why they put in place a system of checks and balances to forestall mob majoritarianism. They recognized a simple truth: that the best and most responsive government presides over homogeneous interests, generally locally, and that as we abstract rule away from the people, interests diverge. This means that as government abstracts away from the people, it ought to be granted less and less power.
The Left hates the Constitution for precisely that reason. To the Left, the Constitution is a mere barrier against the utopian mission to restructure human relations, and ultimately, humanity itself. In this view, large government is to be the leveling force among human beings, cramming down the views of one half of the country on the other half. Local governance is dangerous because it might lead to diversity of viewpoint and practice; federal government is the best available tool for shaping and molding. Dispense with the Constitution’s limits on the powers of the federal government, and suddenly transformational change becomes possible.
The only problem is that such a viewpoint utterly disregards the history of human relations. A government that presides over 330 million human beings with a variety of different viewpoints on core moral issues is unlikely to rule either benevolently or successfully if granted the unfettered power to flatten a multiplicity of jurisdictions and ways of life. Limits are the key to both benevolence and success in governance. Dispensing with the Constitution may sound pleasing to those who seek drastic change on the greatest scale, but drastic change of that nature typically looks more like tyranny than progress.
Ben Shapiro, 38, is a graduate of UCLA and Harvard Law School, host of “The Ben Shapiro Show,” and Editor-in-Chief of DailyWire.com. He is a three-time New York Times bestselling author; his latest book is “The Authoritarian Moment: How The Left Weaponized America’s Institutions Against Dissent.”
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Despite our many mistakes, it’s our Constitutional Republic attitude of free capitalism that made the U.S. the great nation it became. We’re now under attack by Progressives within and foreign who want to destroy our Republic of the U.S.
Interestingly also is that we have none other than first- or second-generation citizens (some naturalized, and some born here), who serve in the US Congress who do not like the US Constitution. They are always complaining and hint of changes.
Progressive ideologies hate freedom. Adherents talk about rights, mostly rights that don’t exist in the real world but only in their elite world. What they really want more than anything else is governmental control over every aspect of your life. Remember, progressives don’t care about you; your’re expendable, they care only about building a Godless and lawless world that they control. Let’s begin to change this in November. Reject the democrats!
Interestingly, schools across the US have stopped teaching American Civics. How can anyone under 40 ever understand something they were never taught. Authoritarianism didn’t work for our forefathers and they saw firsthand that mod rule was only as good as emotions allowed. They knew true freedom could only be achieved when all people are secure with the same rights for everyone and to keep government from total control. Yes, 51% is a majority, but 49 % are subject to an emotional responce and too many times, irrational reactions. Without a balance 49% are persecuted; however with Constitunal rights a balance is achieved and maintained. America has that and whether you think American politics are right or wrong, just look at our boarders! These people at our boarders understand unprotected rights and mob rule democracy, socialism and comminisium! They understand the hatred of mob rule! They are looking at the security and protection that our constitutional rebublic provides.
The whole point of the Constitution is to protect the populace from tyrants and single rule, such as the left’s ideology. The framers were wise to allow change in the Constitution by means of amendment. If the left wants changes, push for an amendment. If the majority agree, then it will happen.
The 1st and 2nd Amendments to the Constitution acknowledge rights from natures God and are unalienable. in·al·ien·a·ble
[inˈālēənəb(ə)l]
ADJECTIVE
Our Constitution is a result of centuries of oppression experienced by the families of those who founded America. It is priceless and unique in man’s history and must be preserved or amended carefully and legally!
7 Ways Biden’s Student Loan Bailout Is Immoral
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The Bible has nothing good to say about those who practice lawlessness, whether they defy God’s Law (Matthew 7:23, Matthew 13:41, Matthew 24:12, Romans 6:19, I John 3:4) or man’s (Matthew 22:21, Romans 13:1-7). “Submit yourselves to every ordinance of man for the Lord’s sake,” the Bible says (I Peter 2:13-14) — and it does not exempt the president from this divine commandment of obedience to the law.
Great article!!
It would be nice if AMAC would remove their ‘stop inflation’ post which encourages changing the constitution via a Constitutional Convention which is backed by SOROS.
thenewamerican.com/socialists-and-soros-fight-for-article-v-convention/
jbs.org/concon/
Agreed! A constitutional convention is the only way the current constitution can be done away with and these law school communists are exactly the type of people that would be there to take control of it.
How many people see these comments? The left is managed by oligarchs and senior bureaucrats who arrogantly view their lesser citizens like farm animals. We are the property of the superior ruling class, just like in modern China or medieval Europe.
Then I guess we’re even because I view oligarchs as defective capitalists, who’ve forgotten that their blessings come from God and they are supposed to pass some of it on as jobs so others can do the same, and that their property rights end where other folks’ property rights begin; bureaucrats I view as what they were meant to be limited term temp hire hired hands who either follow the will of the people of the United States of America who are their rightful boss, or they can take their lunch bag and hit the road, no severance package, or pension required. We’ve been way to nice to the deluded self-termed “elite”, time to treat them like the dirt they are, and the whole idea of them being entitled to run anyone else’s life will blow away with their reality oblivious oversized fragile egos.
Yes, thats it. Nothing new under the sun. They’re heading back to what was…everywhere. The communist pol pot liquidated anyone with any education whatsoever. He wanted to go back to a time when there were only two classes of people, dirt poor peasants who toiled all day for a bowl of gruel , who owned nothing and lived with farm animals in hovels and a godlike aristocracy who owned all, including the peasants. Our elites think this vision is fair and just because of their extreme egotism and dim view of us.
The writers of the Constitution had wisdom that was God inspired and providentially directed. Read how the Founding Fathers produced and ratified this amazing document and you will understand. Those who want to jettison it are phenomenally ignorant— one might say, Satan inspired and demonically directed. As someone else commented, throw out the Constitution and the whole country will collapse before you can say “progressive”!
Give the Constitution to Nasty Nancy Pelosi; she likes to rip important papers up into pieces.
What an awful person.
Her God Lucifer protects Nancy Pelosi and her fellow travelers and guides her as our God guide his people.
Hate to bust your bubble, but what you term “her god” is no god but merely a fallen angel, who rebelled and was banished to this realm, and satan “guides” no one, especially not like God; this little jerk is on a mission to deceive and destroy. He does not guide but but mislead, and the only thing he shares with his minions is delusion, and the fact that he like them will be the equivalent to a roasted crouton in the steaming hot eternal soup known as the Lake of Fire.
Amen.
This is the real purpose of the “The Nuke and Pack Party”. The general idea is if they can nuke the filibuster, while Biden is in office, and then pack in 10 Supreme Court Justices. The Constitution would not have to be abandoned because it would say what those 10 new Justices declare it says.
Once they can nuke and pack, they can disqualify their opponents and have the court rule they won all 435 seats. And while that would be politically dangerous, if they did it via nuke and pack, it would be legal.
Due Process could be defined as the President said “I warn you” …
And they WOULD do this, because if they nuke and pack and do not set it so it is impossible for any one but them to win? The Republicans would use their new power to repack the court, over-rule everything that court decided, and cancel every legislation that Congress passed.
And THEN the Republicans would disqualify any one but them ( at least in the Dems minds they would — they wouldn’t ). So the Dems are only doing it as a per-emptive strike to make us a one-party system to save democracy!
This is why from this moment on in this election cycle every Senate Candidate across the nation, but especially AZ, GA, NH, NV, PA and even Colorado and Washington should never refer to their opponents as members of the Democrat Party but ONLY as “The Nuke and Pack Party”.
Every time those individuals try to change the subject off inflation, crime, border security, etc by bringing up abortion, gun control, etc just respond “there you go again spouting the issues of The Nuke and Pack Party”.
Why? Because how do they want to handle abortion? Nuke the Filibuster and pack the court.
How do they want to deal with gun violence? Nuke the Filibuster and pack the court.
What has Senator Warren stated? “Give me two more Senators and we will nuke the filibuster and pack the court” meaning she already has commitments from all 48 sitting Senators to do so.
The Democrat Party line solution to EVERYTHING is to not work with the other half of the country for a solution none of us like but all of us can live with. Nope. It is to grind the other halves face in to the dirt by nuking the filibuster and packing the court.
This article and everything about this Election cycle is really a one issue cycle.
Do Americans want us to figure out how to work together? OR nuke the filibuster and pack the court. Because that is the ONLY process any incumbent Democrat is willing to consider.
The Constitution is our protection of our Freedom. Without its protection tyranny/communism/socialism will destroy our lives. We need to weed out the so-called educators who promote these. Our educational system needs to be updated to teach the basics: English..Math..American
For those who want to destroy the Constitution, I would like to take them to the desert, stake them to the ground over a red ant hill, pour syrup on their bodies and play John Philip Sousa over a loudspeaker to drown out their screams while raising the American flag so that is the last thing they see and hear. Who is with me?
Russell:: Shame oh yes shame on you.How can you waste gas taking them somewhere. Russian bullet quantity one. Please read Russian history Some great ideas, some lousey I was waiting for this to come up. Traitors are not worth gas. Nice comment
It was supposed to be a thumbs up, not question marks.
JUST ANOTHER PRIME EXAMPLE OF HOW CANCEROUS, libs, ARE they ARE THE ENEMY OF OUR NATION AND they ARE WINNING
They are gaining momentum as the American people are asleep at the wheel by drinking the kool-aid of 20 second campaign ads.
why dont they just go somewhere else why destroy our country what did we ever do toyou?
because that is how evil works, it wants to control EVERYTHING! It cannt go off on its own, its purpose is to destroy and make life miserable for all. IT IS A MENTAL DISEASE!!!!!!
We the People Let this Happen.. tell me I am wrong..
you are not wrong. I can remember when I was a kid, all the adults were always saying, “that could never happen hear”. generally in reference to the falling of our country to socialism.
It HAS happened folks.
Seems to have done good fir 250 years . Why change. ??
The founders of our country were well aware of our dependence on God This fact allowed them to create a framework for our government in which we have the freedom and liberties that we enjoy today. If we replace these guidelines with a human made opinion poll we are going to find out just how quickly a country or a civilization will perish.
The continue to call it “ An Experiment “. Two hundred and fifty years later, they still call it an experiment. Sorry, idiots but as long as you stick your head where the Sun doesn’t shine. You will always say and without being responsible for you actions. That is a good sign , you are a human with good character ????
My response is simple, if Ryan Doerfler and Samuel Moyn don’t like the Constitution let them move to a country that better satisfies them! The millions of Constitutional Americans aren’t going to surrender to two who disagree with us! And why does anyone care what the New York Crimes has to say about anything?
Like Mr. Ron Hoiward says,why dont you two jackasses move toi another country. And take some more with you. Kyle L.
because that is how evil works, it wants to destroy every body else. IT IS A MENTAL DISEASE!!!