Do We Have a Living Constitution, Or Is It Just Outdated?

Interestingly as I am writing this blog series, I have learned a couple of facts that worry me. And they should worry you, my patriot parents.

First, a publisher, Wilder Publications, has placed a disclaimer on a book they are selling on Amazon. The book contains the Declaration of Independence, The US Constitution, and The Federalist Papers. Here is the wording of the disclaimer: "This book is a product of its time and does not reflect the same values as it would if it were written today. Parents might wish to discuss with their children how views on race, gender, sexuality, ethnicity and interpersonal relations have changed since this book was written before allowing them to read this classic work."

Now very little can be found on the internet about this publisher--not one of the big ones. But the fact that they would do this is disturbing to me. Will other publishers follow suit? I pray not. The Constitution is not a "product of its time", but rather a timely document that holds the current laws of our nation. It is not simply "a classic work" to be lumped together with pieces of fiction (on which they put the same disclaimer), such as Lady Chatterly's Lover.

Again, let me repeat. It is the basis of our current set of laws. It is timeless. The group Media Matters said that the disclaimer simply "reminds parents and teachers that children may not know how different our society is today." I agree that parents and teachers should talk to their kids about these documents. But I don't believe a disclaimer of it being "a product of its time" is necessary. In fact, I find it insulting. Yes, times are different. But didn't we all learn that in school? Can't our kids tell that by the strange clothing in the photos? As I have said many times, parents need to be talking to their children about our country and this is one reason why.

That being said, the magic of the US Constitution is that it can be changed by amendment. Our founders knew that times would change and therefore, created a living document that could reflect the needs of future generations. Thomas Jefferson said, "I am not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind...we might as well require a man to wear still the coat that fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."

This brings me to my second point of concern--the definition of a living constitution. I was taught as I stated above, that our written laws could be changed as the times warranted, making it a living document. Any changes are a function of the legislative branch of our government and, in our constitution, the process for making these amendments is spelled out clearly.

However, now there are judges who believe that the term "living constitution" refers to something else. They believe that the judicial system can, and should, change laws or create new ones in order to adjust to today's world. This is a violation of the Constitution. It is the job of the courts, including the Supreme Court to interpret laws, not to make them. And, sadly, we have some jurists around the country today that are legislating from the bench.

This is an huge upset in the delicate balance of power in our country. If the legislature passes a bad law, the judicial branch can overturn the law. The executive branch has limits to what it can do and has to work with the legislative branch to create change. However, the only recourse to reverse a Supreme Court decision is to pass a new law that is written in a way that the Court will not overturn it.

In my opinion we are walking a slippery slope when we upset the power balance. Given too much power, one branch can overcome the other two and lead to tyranny.

These are issues parents can discuss with their children. Well, the older ones anyway. Know what they are being taught in school. And stay connected to them. The only way we got to this point was through apathy. Let's end the apathy and get involved. Get out and vote. Call your representation in Washington DC and let them know your opinions of upcoming bills and appointee confirmations.

I would love to know what you think.