White Guys Did It
The non-archaic, un-idiosyncratic, and anti-downright evil Professor Seidman presses his argument against his inferiors who wrote the “evil” document: “Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.”
Ah yes, old white male Madison, who lacked the insight, character, and morality of our new liberal technocrats in our successful law schools, such as, well, Mr. Seidman himself:
As someone who has taught constitutional law for almost 40 years, I am ashamed it took me so long to see how bizarre all this is. Imagine that after careful study a government official — say, the president or one of the party leaders in Congress – reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?
I suppose human nature changes every decade or so, so why shouldn’t constitutions as well?
I can see Seidman’s vision now: Harry Reid or Nancy Pelosi decides that semi-automatic handguns, not cheap Hollywood violence or sick video games, empower the insane to kill, and, presto, their “considered judgment” and favored “particular course of action” trump the archaic and evil wisdom of “white propertied men.” But if we wish to avoid the baleful influence of white guys, can Seidman point to indigenous Aztec texts for liberal guidance, or perhaps the contemporary constitution of liberated Zimbabwe, or the sagacity of the Chinese court system?
The Law Is What We Say It Is
Note the fox-in-the-henhouse notion that a constitutional law professor essentially hates the Constitution he is supposed to teach, sort of like Supreme Court Justice Ruth Bader Ginsburg warning the Egyptians not to follow our own constitutional example, when South Africa has offered so much more to humanity than did Madison, Hamilton, Jefferson, and others: “I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the constitution of South Africa.” Ginsburg obviously vacations in Johannesburg, goes to Cape Town for her medical treatment, and has a vacation home and bank account in the scenic South African countryside.
Seidman looks fondly on Roosevelt’s war against the Constitution (especially the notion that law is essentially what an elected president who has proper “aspirations” says it is):
In his Constitution Day speech in 1937, Franklin D. Roosevelt professed devotion to the document, but as a statement of aspirations rather than obligations. This reading no doubt contributed to his willingness to extend federal power beyond anything the framers imagined, and to threaten the Supreme Court when it stood in the way of his New Deal legislation.