Free at Last from Constitutional Chains
In the age of Obama, the constitutional law lecturer who once lamented that the Supreme Court had not gone far enough by failing to take up questions of forced redistribution, Seidman writes:
In the face of this long history of disobedience, it is hard to take seriously the claim by the Constitution’s defenders that we would be reduced to a Hobbesian state of nature if we asserted our freedom from this ancient text. Our sometimes flagrant disregard of the Constitution has not produced chaos or totalitarianism; on the contrary, it has helped us to grow and prosper.
But I thought it was the Constitution, not the anti-Constitution or egalitarian good will, that separated us from Hitler’s Germany, Mussolini’s Italy, Tojo’s Japan, Stalin’s Soviet Union, Mao’s China, and most of the miserable places that one sees abroad today, from Cuba to North Korea, which all had and have one thing in common — the embrace of some sort of national, republican, or democratic “socialism” guiding their efforts and plastered about in their sick mottoes.
The progressive mind, given that it is more enlightened and moral, alone can determine which parts of the “evil” Constitution should be summarily ignored (e.g., the Second Amendment) and which should not be: “This is not to say that we should disobey all constitutional commands. Freedom of speech and religion, equal protection of the laws and protections against governmental deprivation of life, liberty or property are important, whether or not they are in the Constitution. We should continue to follow those requirements out of respect, not obligation.”
Give Real Freedom a Chance
I am sure that history offers all sorts of examples where people without evil documents like our Constitution protected free speech and religious worship — out of “respect.” Ask Socrates, Jesus, six million Jews, 20 million Russians, or those with eyeglasses during the days of the Khmer Rouge. Apparently, what stops such carnage is not the rule of constitutional law, but good progressive minds who care for others and show respect. I’ll try that rhetoric on the next thief who for the fourth time will steal the copper wire conduit from my pump.
So just dream with Professor Seidman:
The deep-seated fear that such disobedience would unravel our social fabric is mere superstition. As we have seen, the country has successfully survived numerous examples of constitutional infidelity…What has preserved our political stability is not a poetic piece of parchment, but entrenched institutions and habits of thought and, most important, the sense that we are one nation and must work out our differences. No one can predict in detail what our system of government would look like if we freed ourselves from the shackles of constitutional obligation, and I harbor no illusions that any of this will happen soon. But even if we can’t kick our constitutional-law addiction, we can soften the habit… before abandoning our heritage of self-government, we ought to try extricating ourselves from constitutional bondage so that we can give real freedom a chance.
I have seen their future and it is almost here right now. Scary times, indeed.