The “Living” #Constitution – The Limited Powers of the Federal Government?
Any contract subject to change without the explicit prior consent – freely given – of both parties is no contract at all.
The words agreed to either have very specific meanings (this is what lawyers are for) clearly stated and clearly agreed to – or they don’t. If the meaning is “living” – subject to interpretation by one side or the other – then the document has no meaning, except whatever suits the party doing the “interpreting.” If that party has power to enforce its “interpretation,” then what you’ve got is not a contract.
It is an excuse to abuse.
This is the evil genius of the “living” Constitution, which was purposefully engineered to do exactly that by its engineers.
They referred to themselves as Federalists for a reason.
The Constitution, they assured was, was supposed to define the limited powers of the federal government but – as ought to be evident by now – provided the legal mechanism for the acquisition of unlimited power by the federal government. Exactly as intended.
There is now, very plainly, absolutely nothing beyond the scope of the federal government’s authority to micromanage (and punish).
If the Constitution had merit as a contract, one would be able to read the thing and determine whether “x” was within the scope of the powers granted or not. But it is a “living” document – and so everything is at least potentially (and increasingly, actually) within the scope of the powers granted.
If a majority of the nine robed high priests of the church of state – who have given themselves the power to “interpret” the “living” document – agree that the government has lawful authority to do “x” then – presto! – it has the power. Regardless of any direct language to the contrary such as found in the tacked-on Bill of Rights, the plain language thereof being purposefully ignored when not in accordance with the desire of the Nine to increase the “constitutional” powers of the federal government.
Eric Peters is a Libertarian gearhead, columnist and author.
the constitution, eric peters libertarian, the limited powers of the federal government, the living constitution