CONSTITUTIONAL CONTROVERSIES
CONSTITUTIONAL CONTROVERSIES
(Excerpts from The Coming Constitutional Debate by Stephen J. Markman)
In the April 2010 issue of Imprimis, Stephen J. Markman, Justice, Michigan Supreme Court, states that emerging controversies concerning the Constitution will determine whether the constitution of 2030 bears any resemblance to the Constitution of 1787—the Framers’ Constitution that has guided this nation for most of its first two centuries and has rendered it the freest, most prosperous and most creative nation in the history of the world. “Proponents of a “21st century constitution” or “living constitution” aim to transform our nation’s supreme law beyond recognition…” As President Obama stated in a radio interview criticizing the Warren Court of the 1950’s and 1960’s:
“It never ventured into the issues of redistribution of wealth and …more basic issues of political and economic justice in this society…The Warren Court…wasn’t that radical. It didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution…that generally the Constitution is a charter of negative liberties, says what the states can’t do to you, says what the federal government can’t do to you, but is doesn’t say what the federal government or the state government must do on your behalf.”
The Framers’ Constitution does not guarantee rights to material goods such as housing, education, food, clothing, jobs, or health care—rights that place a related obligation upon the state to obtain the resources from other citizens to pay for them.”
Blackwell and Klukowski write in “The BLUEPRINT Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency”, that Obama’s blueprint calls for casting off the limits that the Constitution puts on him. “President Obama’s blueprint for using executive orders, administrative regulations, and international law will give him a way to exercise lawmaking power in violation of Article I of the Constitution, and to avoid judicial review of his actions in violation of Article III. And to help carry out his plans, he’s building his own private civilian army of dedicated followers, in violation of Article II.”
