This is Floyd Wynne with THE VIEW FROM HERE   11-04-05

 

                What kind of a Federal Constitution do YOU want?

                Do you want a Constitution that can be subject to change according to the wishes of the Supreme Court?  

                Remember, it is the document that protects your rights as an American.

It protects your right to speak, practice religion, and protects your private property.

                It is your Constitution that is at the center of the current controversy over who will fill Sandra Day O’Conner’s seat on the Supreme Court.

                It is your Constitution that is at the base of the battle between what is called the Conservatives and the Liberals…..actually the Republicans versus the Democrats.

                Senators Dianne Fienstein and Barbara Boxer of California, in commenting on Mier’s withdrawal used the same phrase when speaking of that Constitution.  They both said we want the Constitution to be a “living document” that is more appropriate to today’s needs.

                Now…on the face of it one could say….well, it’s a different world than that of 1778 when the Constitution was put together….in other words…times have changed.   Yes…times have changed….but the Constitution has stood the test of time for well over 200 years….and it has only been during the past 15 to 20 years that new interpretations have been given to that Constitution.

                Look at the recent Supreme Court interpretation dealing with Eminent Domain….government’s authority to take private property for public purposes.

For over 200 years it meant just that.  The recent Supreme Court ruling said….it also means that government can take private property and sell it to a developer because they can thus get more taxes out of the property than before.   That’s a really long reach…..but it exemplifies what I mean about a Constitution that can be changed at the whim of the Supreme Court.

                Look at how that Court has interpreted Article I of the Bill of Rights in regards to religion.   The article says:  Congress shall make NO law respecting aan establishment of religion, or prohibiting the free exercise thereof.

                Today we find Federal government issuing decrees prohibiting such things as prayers in school or at school activities; a display of the 10 Commandments, the use of the words “Under God” in our Pledge of Allegiance….and on and on.

                And Article Five of the Bill of Rights says, in part….Nor shall private property be taken for public use, without just compensation.

                That article also says:  Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…Look at the number of trials where the individual is adjudged innocent….yet is immediately charged with violation of Civil Rights on the very same information.

I cite these instances because the Federal Government has liberally interpreted our Constitution to the extent that it justifies anything they want to do.

If that Constitution is subject to interpretation at the will of whatever our governing or judicial body wants….then believe me….what we consider as our rights protected under the Constitution….are no longer protected.

Yes, our document may be a living document but it is one that protects our living today….and it should not be at the willy nilly shifting winds of politics.

 

                This is Floyd Wynne and that’s THE VIEW FROM HERE.