Is It Possible To Follow A Written Constitution Over Time?

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Mandeville, LA – Exclusive Audio & Transcript – It’s possible, in fact very likely, that the Founders didn’t get everything right. In fact, one of the main problems with the Constitution is they left it too open for interpretation, or not specific enough. Over the years this has given us a Central Bank and now the argument over ObamaCare just to name a few. So the question is, can we follow a written Constitution, over time, without constantly misinterpreting, amending, or just flat out ignoring it? Listen to Justice Breyer’s comments and today’s clip from the Mike Church Show.

Justice Breyer’s Remarks on a National Bank:

Founder’s Weren’t Always Right:

Begin Mike Church Show Transcript

Mike:  This is Justice Stephen Breyer, folks.  If you’re driving, pull over.  If you’re standing, sit down.  If you’re horking on the hoogow[ph] pipe, just put it down for a moment.

Justice Breyer:  I look back into history.  I think if you look back into history, sometimes Congress can create commerce out of nothing.  That’s the national bank, which was created out of nothing to create other commerce out of nothing.  I look back into history and I see it seems pretty clear that if there are substantial effects on interstate commerce, Congress can act.  I look at the person who’s growing marijuana in their house, or I look at the farmer who’s growing wheat for home consumption, and this seems to have more substantial effects.  Is this commerce?  Well, it seems to me more commerce than marijuana.  I mean, is it in fact a regulation?  Well, why not?  If creating the bank is, why isn’t this?”

[end audio clip]

Mike:  There’s another lesson to be learned from that sound bite, if you just heard it.  That is, once you start traveling down the road of construction, there is no end to it.  AG, I think that there is a case emerging here, and you just heard Breyer say it, [mocking] “I think Congress making commerce out of nothing . . . I see Congress making a national bank where there was none before.  From the national bank, there’s all kinds of commerce.  I see Congress making commerce out of all sorts of things.”

So when the national bank was allowed to stand, instead of being struck down as it should have been, as Jefferson — basically it was Madison that was — Jefferson got the credit for it, but it was James Madison that was debating Alexander Hamilton saying, “Dude, you idiot!  You liar!  You just had me go to bed to ratify this damn thing and say that there couldn’t be a national bank or anything like it, and now you’re out there advocating for one?  No, there’s no power in here for a bank.”  Now had the bank been struck down in its first incarnation, maybe we wouldn’t be having this conversation today.  {sidebar id=56}

I think that there’s a case to be made that in some instances here, try as they may — and maybe the lesson is that this may just be an impossible task.  The founders did not get some things right because they left things open for interpretation.  It may be that it is impossible to consign people to follow written Constitution.  Over time, they’re just not going to do it.  Then what is left available to the lover and defender of republicanism, which is local self-government, and defenders and promoters of liberty, which requires republicanism?

Well, I say that you have to then look back at human scale.  You have to look at the scale of this thing.  As long as we are possessed of this 309-million-citizen large monster that we are all possessed of, I think this is about as good as it’s going to get.  We should all just get used to it, stop complaining about it.

End Mike Church Show Transcript