Turning the Constitution on its Head

With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another step down the long road of “incorporating” the Bill of Rights into the Fourteenth Amendment’s Due Process Clause. In doing so, it continued down the path toward completely inverting the model of government to which The People agreed when they ratified the Constitution.

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Not my Commander in Chief

Cross-Posted from DailyKos.com with permission of the author, Crashing Vor

Watching Keith [Olbermann] just now, I heard him mention Antonin “Nino” Scalia’s dissenting opinion from today’s ruling in regards habeas corpus rights for detainees.

The lowlight of Justice Scalia’s opinion was the paragraph:

“The game of bait-and-switch that today’s opinion plays upon the Nation’s Commander in Chief will make the war harder on us. It will almost certainly cause more Americans to be killed.”

While others will surely spend countless hours and buckets of ink and pixels debating the merits or madness of the second sentence, I’ve a bone to pick with the first.

Scalia has, over the years, demonstrated a profound lack of understanding of the U.S. Constitution and the role of the Supreme Court. His devotion to the concept of “originalism” selectively ignores the Ninth and Tenth Amendments, key components of the document as “originally” ratified. The codicil to the majority opinion in Bush v. Gore, in which the nation’s ultimate appeals court, where all legal precedent is finally decided, declares that the judgment in that case is not, in fact, legal precedent.

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Understanding Limited Government

Kevin Gutzman’s new book, The Politically Incorrect Guide to the Constitution, might be the best available overview of the principles of limited government as espoused by the Tenth Amendment.

After reading this book, you’ll see quite clearly that the original constitution has very little in common with how this government is run today (if you haven’t noticed already!) The 10th Amendment has been pushed aside and the federal government runs rampant – exercising powers that the founders would never have dreamed of giving to any politician.

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