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Letís Give Up on the Constitution
The New York Slimes ^ | December 31, 2012 | LOUIS MICHAEL SEIDMAN

Posted on 12/31/2012 11:25:05 AM PST by Timber Rattler

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.

Consider, for example, the assertion by the Senate minority leader last week that the House could not take up a plan by Senate Democrats to extend tax cuts on households making $250,000 or less because the Constitution requires that revenue measures originate in the lower chamber. Why should anyone care? Why should a lame-duck House, 27 members of which were defeated for re-election, have a stranglehold on our economy? Why does a grotesquely malapportioned Senate get to decide the nation’s fate?

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. Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: anticonstitution; constitution; newyorktimes; trialballoon
The author of this piece of drivel is yet another liberal professor, this time at Georgetown University in DC.
1 posted on 12/31/2012 11:25:12 AM PST by Timber Rattler
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To: Timber Rattler

Seidman....

I am fully convinced American Jews are socialists.


2 posted on 12/31/2012 11:27:10 AM PST by EQAndyBuzz (You can't bring something to its knees that refuses to stand on its own)
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To: Timber Rattler

No first amendment - professor cant speak out against the government.

Also, no amendment preventing him from being searched at an time by the people I’m sure he called “pigs” when he was in school, being taken away in the night without cause, jailed without trail, and then shot just because.

Nevermind that the females he is “teaching” (<— those quotation marks were shrunk down from the size of the solar system) wont be able to vote, and any of the black students could just as easily be taken off and forced to work in the fields. No matter anyway, because none of the freshmen will even be able to vote to stop such a thing, and there will be no legal structure to prevent a dictatorship to make it “legal” or even having a court system to rule it unconstitutional.


3 posted on 12/31/2012 11:33:48 AM PST by VanDeKoik
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To: Timber Rattler

How unusual for a leftist Jew to criticize America and her Constitution!! Oh wait! It’s standard operating procedure. I forgot!


4 posted on 12/31/2012 11:38:46 AM PST by Doc Savage ("I've shot people I like a lot more,...for a lot less!" Raylan Givins)
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To: Timber Rattler
our insistence on obedience to the Constitution...

You can stick your preferred Soviet/NK/Chinese/Communist "constitution" where the sun don't shine you blithering idjit.

5 posted on 12/31/2012 11:41:22 AM PST by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: Timber Rattler

This piece is just reacting to the fact that the GOP controls enough state legislatures who have gerrymandered enough safe Congressional districts that the lower chamber is unlikely to originate any “revenue enhancements” to the Times’ liking anytime soon.


6 posted on 12/31/2012 11:43:48 AM PST by Buckeye McFrog
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To: Timber Rattler

The author is a founder of “Critical Legal Theory” that grew out of the hippies’ belief in the 60’s that the rights of individuals as enumerated in the Constitution get in the way of collectivist “progress”.

He’s been talking about it since 1977.


7 posted on 12/31/2012 11:51:22 AM PST by Nota particle
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To: Timber Rattler

It’s hard to know where to start, but it is interesting that there is no way for the reader to comment about the article on the Times website.


8 posted on 12/31/2012 11:54:19 AM PST by redpoll
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To: Timber Rattler

Why don’t jackasses like this moron just leave the country? We really don’t need his type here.


9 posted on 12/31/2012 11:55:32 AM PST by FlingWingFlyer (Where can I pick up a 2013 Mayan calendar?)
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To: Timber Rattler
A constitutional scholar at Georgetown, eh? That explains Sandra Fluke, I guess.

Not that this piece of drivel needs much response, but there are two I feel compelled to make.

1) Who is to choose which Constitutional restrictions to toss and which to keep? You? Democrats? Perhaps a convoluted process where both houses and a majority of state legislatures need to agree on the change? Oh, wait...

I'm sure you would be just as happy to hear Republican proposals on what to keep and what to toss as your own, eh? Free speech being what it is and all.

2) I don't suppose it occurred to you that we wouldn't be in a position for 27 Republicans who weren't re-elected to be controlling the discussion if the Democrat controlled Senate and the Democrat President had just done their jobs for the past 4 years rather than kicking these difficult decisions into this lame-duck period.

I'm sure if the situation had left 27 lame-duck Democrats as the only people standing against a repeal of Roe v. Wade you'd be just as upset with the protections of the Constitution in this period, right?

It's too bad you don't have to be intelligent to teach Constitutional Law at a U.S. university.

10 posted on 12/31/2012 12:02:33 PM PST by ArGee (Reality - what a concept.)
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To: Timber Rattler
From the article:

Imagine that after careful study a government official — say, the president or one of the party leaders in Congress — reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?

So people that aren't of his approved skin color, rich and "know nothing of our situation" shouldn't be listened to. Yeah, those no-nothings didn't understand how government is always good and never threatens our freedom.

I want to re-write the constitution and the first article says that all professors and journalists must be lined up against a wall and shot.

11 posted on 12/31/2012 12:03:54 PM PST by Brett66 (Where government advances, and it advances relentlessly , freedom is imperiled -Janice Rogers Brown)
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To: Timber Rattler

.........


12 posted on 12/31/2012 12:17:14 PM PST by Tzimisce (The American Revolution began when the British attempted to disarm the Colonists.)
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To: Timber Rattler

Germany gave up on their Constituion and the Jews got the camps.


13 posted on 12/31/2012 12:17:58 PM PST by gatex (NRA, and Gun Owners of America)
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To: Timber Rattler

“If we acknowledged what should be obvious — that much constitutional language is broad enough to encompass an almost infinitely wide range of positions — we might have a very different attitude about the obligation to obey.”

Translation: Hitler didn’t need a constitution, so why should we?


14 posted on 12/31/2012 12:24:42 PM PST by haroldeveryman
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To: EQAndyBuzz
I am fully convinced American Jews are socialists.

Some are.

But a work colleague who is Jewish is a gun owning survivalist. He, and others like him, provide security for their synagogue. I'm not talking clubs here either, they all have CHLs. His wife owns several NFA items, including both machine guns and sound suppressors. They, not sure which technically, own a .50 BMG rifle.

They have a "ranch" near Kerrville/Fredricksberg Texas, where he has the fields of fire for that .50 all figured out. He wanted something that would disable the drug cartels "armored vehicles", which they have, and it would. :)

15 posted on 12/31/2012 12:25:27 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato
This SOB needs to get one of "His" Senators or Representatives to propose an amendment to the Constitution to allow for what his "wise men" think is the way to do things.

Good luck getting it ratified.

In the meantime, he is yet one more Domestic Enemy of the Constitution, which I, and millions of others, are sworn to defend it against.

Of course these things must be done "deeelicately"

16 posted on 12/31/2012 12:31:54 PM PST by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato

There are a few of us in San Antonio that do the same thing. We know whether libs are and who the Conservatives are.


17 posted on 12/31/2012 12:43:20 PM PST by EQAndyBuzz (You can't bring something to its knees that refuses to stand on its own)
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To: Timber Rattler

Wow. I am surprised he stopped short of endorsing the Communist Manifesto.


18 posted on 12/31/2012 12:52:43 PM PST by FlyingEagle
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To: Timber Rattler

It used to be apropos to call the Pen mightier than the sword. The Left has turned the pen into a sword and they are using it to hack away at our freedoms...


19 posted on 12/31/2012 1:03:43 PM PST by trebb (Allies no longer trust us. Enemies no longer fear us.)
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To: EQAndyBuzz

Well, at least this Constitution-hating Jew is a putz.


20 posted on 12/31/2012 1:12:16 PM PST by windsorknot
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To: EQAndyBuzz

Not this American Jew....


21 posted on 12/31/2012 1:14:32 PM PST by Braak (The US Military, the real arms inspectors!)
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To: Timber Rattler
I whipped this communist's arse in another thread today. Everyone here knows that he is a communist and anti American. If they kill the US Constitution... there is nothing left to legally or morally bind us to this once great but now cancerous federation.

LLS

22 posted on 12/31/2012 1:16:48 PM PST by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: Timber Rattler

Without the Constitution the Federal Government has no legal authority. The States are then Independent. For the States existed before the Federal Government did.


23 posted on 12/31/2012 1:21:01 PM PST by MCF
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To: Timber Rattler

Without the Constitution the Federal Government has no legal authority. The States are then Independent. For the States existed before the Federal Government did.


24 posted on 12/31/2012 1:21:17 PM PST by MCF
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To: FlingWingFlyer
Why don’t jackasses like this moron just leave the country?

I'd guess neither Cuba nor North Korea would take him.

25 posted on 12/31/2012 1:26:03 PM PST by Standing Wolf
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To: Timber Rattler

can we just shoot these people? or at the very least, deport them?


26 posted on 12/31/2012 1:29:43 PM PST by sten (fighting tyranny never goes out of style)
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To: Timber Rattler
our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.

The problems caused by an evil, corrupt, and abusive government is worse than any problems caused by the obedience to the Constitution.

27 posted on 12/31/2012 1:34:17 PM PST by mjp ((pro-{God, reality, reason, egoism, individualism, natural rights, limited government, capitalism}))
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To: Timber Rattler

This guy taught Constitutional law for 40 years?

No wonder our nation is going down the sh*tter....


28 posted on 12/31/2012 1:54:23 PM PST by Tzimisce (The American Revolution began when the British attempted to disarm the Colonists.)
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To: Timber Rattler

Yes, we need to clear a path for progress by our dear leader! Forward. /s


29 posted on 12/31/2012 2:02:36 PM PST by TADSLOS (I took extra credit at the School of Hard Knocks)
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To: Timber Rattler

Carlos Slim needs to give up on the NYT.


30 posted on 12/31/2012 2:06:22 PM PST by Trailerpark Badass (So?)
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To: Buckeye McFrog

Yes, and his reasoning is surprisingly clear in its shoddiness. Usually they do a little wordplay, throw about variegated academic jargon, pile on a few inapt and muddled analogies, etc. But he leaves himself wide open with overly straight talk. Okay, so the House shouldn’t decide, because Republicans run it. Nor the Senate, because it’s been gerrymandered or whatever. Who does that leave? Not the president, surely, elected as he was by the old and therefore evil electoral college system. A national public convention, where citizens and noncitizens, minors and adults alike text their vote like on American Idol? Maybe.

More accurately, it is he whom he would have decide. He doesn’t have patience for anything else.


31 posted on 12/31/2012 2:07:14 PM PST by Tublecane
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To: Nota particle

Much like the “death of the author,” which was merely a pretext for literary critics or whomever to be free to say whatever was on their mind without worrying about pesky details such as what the humans who write books (other books, never so much their own) are trying to say, legal scholars adopt an Anything Goes standard of analysis because they could never love what laws actually say so much as they love the sound of their own voices.


32 posted on 12/31/2012 2:14:12 PM PST by Tublecane
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To: Timber Rattler
The cancer(decay, corruption, apathy, etc.)that has been prevalent in most urban areas in America for decades...is spreading throughout all of America.

The New York Times can take credit for their share of that..."progress".

33 posted on 12/31/2012 2:15:45 PM PST by RckyRaCoCo (I prefer liberty with danger to peace with slavery, IXNAY THE TSA!)
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To: Brett66

He doesn’t seem to realize how easy it is to flip his argument around. Too easy, almost, to be worth response. It only works if Dead White Males are evil, as he insists. But imagine if evil Living White Males gained control of the presidency and Senate now, and all that stood in the way of overturning the legacy of Dead Rainbow Multigendered progressives were for a lib majority in the House to drag its feet. See how fast he’d dogmatize and demand absolute fealty to the Constitution as interpreted since the New Deal.


34 posted on 12/31/2012 2:23:17 PM PST by Tublecane
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To: Timber Rattler

FROM THE EDITORIAL:

“Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago”

FROM WIKIPEDIA:

What Is to Be Done? Burning Questions of Our Movement , is a political pamphlet written by the Russian revolutionary Vladimir Lenin

A more clever Marxist would have been more discreet......


35 posted on 12/31/2012 2:24:47 PM PST by jttpwalsh
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To: haroldeveryman

Actually, I believe the Weimar constitution had a dictator clause, so the Third Reich was perfectly legal, at least at first, though he definitely didn’t hold fair elections to cement hus rule.


36 posted on 12/31/2012 2:27:16 PM PST by Tublecane
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To: Timber Rattler
At first I thought this was satire. It reads like something out of Weimar Germany, circa 1929.

Dictatorship is coming.

37 posted on 12/31/2012 2:31:13 PM PST by Campion ("Social justice" begins in the womb)
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To: Timber Rattler
looks like a lush to me...

38 posted on 12/31/2012 3:39:37 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: Timber Rattler

This pesky road map is keeping us from freely traveling off the cliff.

Dangerous Morons are training our kids who end up running what used to be entrepreneurial expressions of capitalism like socialist bureaucracies.

Good Lord.


39 posted on 12/31/2012 3:55:55 PM PST by prov1813man (While the one you despise and ridicule works to protect you, those you embrace work to destroy you)
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To: Timber Rattler
Yes, people have defied the Constitution's written provisions in a "good cause." But how are we to know when to break the rules? This asshole gives us no guidance on that. He only wants to ignore the Constitution to implement his own chosen policies-- how convenient.

Maybe we can ignore the Bill of Rights to arrest this guy for stating his silly opinions, pass a bill of attainder to confiscate his properties, and then hang him for treason even though he has not met the Constitutional definition of treason literally. Why should I let the law and the Constitution stand in the way of protecting my freedoms from punks like this guy?

40 posted on 12/31/2012 4:30:15 PM PST by Lysandru
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To: Timber Rattler

I have a solution LOUIS MICHAEL SEIDMAN, you leave the country.

Leave NOW!!!

And STAY OUT!!!!


41 posted on 12/31/2012 4:43:24 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: Tublecane

What bothers me in reading this thing is that this guy seems to believe in arbitrary rule, and not the rule of law. The same kind of noise came from Obama when he recently complained about the constitution getting in the way of the things he wanted to do for the people, so screw constitutions. Who does he think he is ? A non-moron or something?

Laws are always going to get in the way. But rather than be inconvenienced by procedures our grandiose elitists insist on ruling by decree. This is really scary when for our aspiring dictators when you have ignoramuses like the above mentioned driving issues like like “over-population” and “clean energy” (but not nuclear).


42 posted on 12/31/2012 9:53:28 PM PST by haroldeveryman
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To: haroldeveryman
driving issues like like “over-population” and “clean energy”

The smart people must take control over everything, since there is no God and no Providence. That's my guess as to their ultimate motivation.

43 posted on 12/31/2012 10:03:38 PM PST by St_Thomas_Aquinas
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To: Timber Rattler

The truly disturbing aspect of this column is that it appears, not in some obscure vanity journal of the progressive left, but in the flagship media organ of American Liberal Socialism. What we see as “bone-headed” appears to be a position widely held among those on the left. They really believe that jettisoning the rule of law will usher in a new age of efficient and enlightened governance.

That pesky constitution is so dusty and slow. What’s really needed is an expedited ticket to downtown Utopia. Professor Seidman cynically uses the Orwellian language of opposites to simply dismiss the U.S. Constitution:

“...before abandoning our heritage of self-government, we ought to try extricating ourselves from constitutional bondage so that we can give real freedom a chance.”

To Seidman, “We the People...” is a utopian fantasy. He urges us to abandon the checks and balances of limited government in favor of his cultish central planning by unknown elites like himself. As insane as this sounds, it must be taken very seriously. The totalitarian statists are on the march. Law is inconvenient for them. Its subversion and circumvention in pursuit of progressive ideals is ALWAYS okay; always in process:

Debauch the currency.
Foment class struggle.
Erode individual sovereignty.
Attack private property.
Promote radical, Jacobin-style egalitarianism.
Disarm the common people.
Encourage dependency on the state.
Balkanize the electorate along racial, ethnic, religious lines.
Destroy the rule of law.
Control the media, public opinion, and access to information.
Dumb down public education.
Manipulate the economy.
Assault traditional institutions: Religion, military service, marriage and family.

This op-ed is a harbinger, a clarion of the left’s true intention. Believe them in their own words. If they can get away with it...they will make a run to scrap the Constitution.


44 posted on 01/01/2013 9:29:16 AM PST by CharlesThe Hammer
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To: CharlesThe Hammer
This op-ed is a harbinger, a clarion of the left’s true intention. Believe them in their own words. If they can get away with it...they will make a run to scrap the Constitution.

I agree with you, Charles. This is exactly what they want to do, and Obama's re-election has emboldened them into open admission of their grand plan. That this column was published in the New York Times and not some commie blog like Mother Jones is what is extraordinarily dangerous, since the Times (Slimes) like to style itself as the mainstream of liberal thought and a National opinion shaper. This is the first shot in trying to turn public opinion against the Constitution and to begin paving the way for its destruction.

45 posted on 01/01/2013 10:11:19 AM PST by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: haroldeveryman

I guess I’m not bothered by it because I’m used to it. That’s been the prevailing judicial philosophy since the progressive era: the law says whatever I say it says. Which is why whenever anyone brings up the academically sainted (aside from the too many generations of retards case or the Eugene Debbs case) Oliver Wendel Holmes I wanna pule.

Confused is my main reaction. I don’t see how it never occurred to them that at some point they may not be in power, and then may wish for the law to protect them. They’re protected, sorta, by the zeitgeist argument. That is, they’re not replacing the law with Anything Goes or their own personal preferences, oh, no no. They’re merely updating the law to reflect “the times.” And I suppose they’re confident either they’ll always be with “the times,” or that they can control popular opinion well enough that it won’t be able to stray too far. Which has been the case thus far.

The entire postwar conservative movement, so significant to me and probably you, with titans of thought like Hayek, Mises, Friedman, Kirk, Strauss, Weaver, Voegelin, etc. and the politicians who put their thought somewhat into action like Reagan, on down to the shock jocks like Rush who keep people entertained on a daily basis are as gnats swirling about their ears to them. They own academia, the MSM, most government, etc., and are untroubled.


46 posted on 01/01/2013 12:02:17 PM PST by Tublecane
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To: Timber Rattler

no


47 posted on 01/01/2013 10:59:53 PM PST by MinorityRepublican
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