The New Tyranny (Just Like the Old Tyranny)

So the NYT thought it would be a good idea to smear this pile of feces on their op-ed page today:

AS the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions…

Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse.


Want to know the kicker? The author of this feces, Louis Michael Seidman, is a professor of constitutional law. At Georgetown, no less. Which is why he really ought to know better than to try and (ahem) pass along (ahem) nuggets like these:

No sooner was the Constitution in place than our leaders began ignoring it. John Adams supported the Alien and Sedition Acts, which violated the First Amendment’s guarantee of freedom of speech. Thomas Jefferson thought every constitution should expire after a single generation. He believed the most consequential act of his presidency — the purchase of the Louisiana Territory — exceeded his constitutional powers.

We have a Constitution precisely because imperfect men — sometimes even well-intentioned ones — will trample on the liberties of others.


Seidman’s solution is to give those imperfect men, especially the ones with bad intentions, even more discretionary power. I dare anyone to look at Washington today and tell me honestly that’s a good idea.


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