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Constitutional Chicanery
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| Contributor | RP |
| Last Edited | RP Nov 25, 2009 02:46pm |
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| Category | Commentary |
| Author | Tom Schaller |
| News Date | Wednesday, November 25, 2009 08:00:00 PM UTC0:0 |
| Description | My aim is to rebut a few of the most absurd fallacies that seem to have gained traction--primarily but not exclusively in conservative circles--about the nature of American constitutionalism. To wit:
First, there is the fallacy that anything not specifically prescribed by the Constitution is unconstitutional.
Second, and conversely, there is the fallacy that anything not specifically proscribed by the Constitution is constitutionally permissible.
Third, too few people wrapping their policy arguments in constitutional claims understand that the Founders wrote a short charter dedicated almost exclusively to the design, structure, officers and powers of the government because they wanted to avoid constitutionalizing specific policies.
Fourth, the federal court system is--brace yourself now--constitutional.
Fifth, if you want to be a strict constructionist, fine, but be one even when it’s inconvenient. |
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