And so here is the real absurdity of the "living Constitution" school. Where the Constitution is supposed to be inert, they want it alive and mutating. But where the Constitution was intended to be flexible, intellectual rigor mortis has set in.
This is not to imply that I agree with the neo-conservative view that the President is granted expansive war powers by the Constitution. Nevertheless, Goldberg's point stands: the bankrupt liberal idea that the Constitution is a "living document" cracks the very foundation the Founding Fathers built with the Constitution. Under this paradigm, the Constitution says what the elite in the courts and universities say it means, and the certainty that the rule of law brings dies the death of a thousand qualifications. First the impact is economic. Then the impact is lost liberties.
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