THE CONSTITUTION - "A LIVING BREATHING DOCUMENT, " OR ABSOLUTE - THE SUNDAY COMMENTARY

"A living, breathing document, " this is a phrase that the left uses regularly when referring to the Constitution and especially when discussing law or policy and how it pertains to this enlightened document. When the Founding Fathers produced this amazing standard for our nation they included the capability for amendments because in their collective wisdom they realized that as the country grew and prospered that the law would need to adapt in accordance to that growth and that in 1788 they had absolutely no way of knowing what that growth would entail or the direction that it would take. Even with that capability the Constitution amends only through the will of the people hence the stipulation that amendments must be ratified by a majority of the states. But does this ability to amend the Constitution make it a , "living breathing document," that adapts to the whims of elected officials or fall to a liberal interpretation of the Founders intent ? Therein lay the dilemma that has been argued concerning how we look at the very document that defines who we are as a nation. Does interpretation mean that the Constitution changes with society or are the principles found within absolute and not subject to liberal interpretation ? In order for this country to remain the free republic that the Constitution declared as a nation governed by , "We the people," then that foundation and the principles are built upon it through the document MUST be absolute. The reason for a full separation of powers between the three branches of government was to insure that no individual or body of elected or appointed individuals had the power to take this nation from the will of the people. Yet in many respects this idea that the Constitution, "lives and breaths, " has enabled that to happen in many ways. The legislation from the courts is a prime example of how this liberal interpretation of the Constitution erodes our society and weakens our form of government. The , "separation of church and state," issue provides one instance where this effects our daily lives. The Constitution contains what is referred to as, "the establishment clause, " which in essence states that there will be no state church that requires a certain form of worship or religion in order to function within our Republic, as is the case in European countries from which the Founding Fathers were separating themselves from when establishing this nation. Thomas Jefferson mentioned the phrase in a letter written in 1804 and since then this phrase has been claimed to have been written in the Constitution and has been used to attempt to eliminate any reference, mention or display of God. The Fathers did not intend to eliminate God from our country but rather to give the people the ability to believe and worship as they feel whether it is the Christian God of the bible whom I believe in or Buddha, Mohammed, Allah, or whomever the individual feels appropriate for their own personal belief. Another instance that has effected the fabric of our society and caused great argument and anger is the issue of abortion. With the exception of partial birth abortion there has NEVER been any legislation from the duly elected representatives of the people yet abortion is considered the, "law of the land, " without a , "law, " being established. Whether you are, "pro-life," (which I am), or,"pro-choice, " law is established by the legislative branch of the government and not the judicial branch. Yet the, "law, " of abortion was established by seven Supreme Court Justices which technically makes it unconstitutional for its very existence as law did not follow the intent by the Fouders found in the Constitution for establishing a law. Another instance of how society is effected when the principles within the Constitution are interpreted liberally instead of by original intent happened recently when the city if San Francisco, California banned all citizens from owning any type of firearm and the infamous ninth circuit court upheld the ruling. Now citizens of the,"city by the Bay, " are expected to turn in any and all firearms to the city government which violates the second amendment right in the Constitution to, " keep and bear arms."


The Founding Fathers established the United States Constitution as a principle from which future generations would find direction for governing this nation. Their original intent if obvious as you read the words found within this greatest of documents. The more that liberal interpretation is allowed to waver from the true and original wording and intent of our Constitution the further we erode from the freedoms and liberties that this Republic known as The United States of America stand for and were founded upon. George Washington stated in 1790 that, "the Constitution of the United States, and the laws made under it, must mark the line of my official conduct." He stated this for himself and all elected officials who followed him both in the white House and the Congress.

Ken Taylor