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Thursday, November 29, 2012

We The People

Ilya Somin at Volokh:

[T]here are numerous important parts of the Constitution that are readily accessible to the general public, though sadly many remain ignorant nonetheless. Some more technical aspects require greater expertise to understand. But you don’t have to be a lawyer to be an expert on these subjects, and being a lawyer doesn’t necessarily make you an expert on constitutional law. Just as war is too important to be left to the generals, the Constitution is too important to be left exclusively to the lawyers.

Amen.  How could the People have ordained and established the Constitution in the first place if it were merely the domain of lawyers?  Indeed, James Madison wrote:

[T]he legitimate meaning of the Instrument must be derived from the text itself; or if a key is to be sought elsewhere, it must be not in the opinions or intentions of the Body which planned & proposed the Constitution, but in the sense attached to it by the people...

We are all--or ought to be--arbiters of constitutionality.  That's why I wish people would read the document a bit more, and a bit more closely.  It ain't rocket science, but you do have to put a little thought into interpretation beyond a philosoraptor meme.

ntodd

November 29, 2012 in Constitution, Schmonstitution | Permalink

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Comments

In the approximately 50 words of the Preamble may be found EVERY possible reason for having a "state," and what it should do, and the metrics for assessing its success:
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Posted by: Dr. Woody | Nov 29, 2012 10:35:57 AM

Afuckingmen, you Statist, you.

Posted by: NTodd Pritsky | Nov 29, 2012 10:09:36 PM

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