In a post published at Slate, 7th Circuit Judge Richard Posner basically said “to hell” with studying the U.S. Constitution, because it’s outdated.
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” he wrote.
“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century,” he continued. “Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today,” he added.
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“In short, let’s not let the dead bury the living,” he concluded.
In other words, free speech, the right to keep and bear arms, separation of powers, all that stuff — it’s outdated and should just be ignored.
Posner, an influential jurist who has served as a federal judge for thirty-five years, has previously voiced his disregard for the Constitution. “I’m not particularly interested in the 18th Century, nor am I particularly interested in the text of the Constitution. I don’t believe that any document drafted in the 18th century can guide our behavior today,” he said during a 2015 colloquium.
Excuse me, but don’t these guys take an oath to uphold said Constitution?
Why, yes, they do:
I … do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as … under the Constitution and laws of the United States. So help me God.
Liberal jurists are known for their view that the Constitution is a “living document,” i.e. subject to re-interpretation by judges as time and circumstance dictate (and uniformly in a socially liberal, statist direction).
It took a Republican judge to declare it “dead.”
No wonder we’re in the shape we’re in…
Don’t forget, this guy was appointed to this position by Ronald Reagan back in 1981.
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