The Law, The Constitution and Freedom

I cringe every time I hear the phrase “There ought to be a Law.” Every time we pass a law, by definition we are restricting Freedom.

Much of the law we have comes from logical choices to restrict the way we mistreat our fellow humans. That is to say, Murder, Stealing, etc not only is founded in morals, but it is there to restrict human behavior so as to protect others from harm. Restricting Freedom to harm others is still Force.

This is why George Washington said that the definition of government is “Force.”
“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master." - George Washington

This is where we need to understand the purpose of the Constitution. The framers realized the importance of restricting government from being over intrusive so they set up a document that was meant to be founded upon correct principals. Truth and Principals never change, and the document was to be interpreted by Justices with that in mind. If it needed revising, then it should be so obvious that a Constitutional Amendment that requires a “Super Majority” to pass should only change it.

The framers recognized that if Justices ever saw their role as to make the Constitution a “Living Document” or a document that needed to “Evolve” or that its application needed to “Evolve”, then we would no longer have a country that was ruled by law and principals, but a country that was ruled by unaccountable Judges.

This is what is at stake in the appointment of a “Strict Constitutionalist” or also called a “Strict Constructionist” to the Supreme Court. Justice Steven Breyer on the Charlie Rose show tried to make both cases, i.e., that the document was only to evolve with constitutional amendments but that he thought the application of it’s principals should be applied by the Judges. He tried to say that the founders could not have envisioned the internet, automobiles, etc. He fails to realize that these modern advances don’t change principals, and if they need to be looked at, then it is the job of the Legislature to do the changing because it puts the power back in the hands of people who are accountable. His view is so wrong because it puts too much power in the hands of Nine people, and their “opinions” become law.

Justices that use International law pick and choose those international laws that fit their agenda. We left Europe to get away from governments that were not freedom friendly and we should only look to our document that truly protects freedom like no other countries laws can.