Tuesday, February 26, 2013

Why should anybody follow the Constitution?

ED DRISCOLL: The Raj Koothrappali Approach to Constitutional Law.

Great article - Ed is summarizing a podcast by Professor Reynolds.  I like this part.
REYNOLDS: Here’s the problem with public officials — because that’s really [Seidman’s] audience — deciding to ignore the Constitution: If you’re the president, if you’re a member of Congress, if you are a TSA agent, (if you're the Colorado legislature) the only reason why somebody should listen to what you say, instead of horsewhipping you out of town for your impertinence, is because you exercise power via the Constitution. If the Constitution doesn’t count, you don’t have any legitimate power. You’re a thief, a brigand, an officious busybody, somebody who should be tarred and feathered and run out of town on a rail for trying to exercise power you don’t possess.

So if we’re going to start ignoring the Constitution, I’m fine with that. The first part I’m going to start ignoring is the part that says, I have to do whatever they say.

ROBERTS: But his argument is that we already ignore the Constitution; it’s not really much of a binding document.

REYNOLDS: Oh, well, then I’m free to do whatever I want!  And actually, that is a damning admission, because what that really says is: If you believe Seidman’s argument; if you believe that we already ignore the Constitution anyway, then in fact, the government rules by sheer naked force, and nothing else. And if that’s what you believe, then all of this talk of revolution suddenly doesn’t seem so crazy, it seems almost mandatory.

2 comments:

  1. Well,"if you're the Colorado legislature" the US Constitution is but a piece of toilet paper!

    I especially liked that one comment about "check points". Eleven states don't impose this, out of respect for the Constitution; NOT THIS ONE!

    ReplyDelete
  2. Soft tyranny is still tyranny.
    I am especially irritated by those who proclaim their support of the Constitution while ripping it apart in every practical way.

    ReplyDelete

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