Why Liberals Who Believe in a ‘Living’ Constitution are Wrong

Federal judges have become collaborators with a liberal agenda that undermines the Constitution and tramples the rights of Americans, a panel of experts said at The Heritage Foundation this week.

Liberals often argue for a “living Constitution” whose meaning evolves with time. But this view undermines key limitations on government power that are written into the Constitution itself, said Clark Niely III, an attorney at the Institute for Justice:

We don’t have a living constitution, we have a dying constitution. The 10th amendment – on life support. The idea of federalism and enumerated federal powers – almost meaningless because the Supreme Court won’t enforce it. The contract clause – dead. The privileges or immunities clause of the 14th amendment – dead. The 5th amendment’s public use provision – dead.

As Heritage scholar and former Attorney General Ed Meese has said, “the only living Constitution is one that’s followed.”

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