Oh, My God – Georgetown Constitutional Law Professor Says, “Let’s Give Up On The Constitution”

Here is exactly why we are in the trouble we are in. For someone who readily identifies that they have “taught constitutional law for almost 40 years”, this is the most stunningly ignorant epistle I have ever read. This is Louis Michael Seidman, a professor of constitutional law at Georgetown University writing in the NYT – and for writing this, he should become an ex-professor of constitutional law at Georgetown University.

AS the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.

Consider, for example, the assertion by the Senate minority leader last week that the House could not take up a plan by Senate Democrats to extend tax cuts on households making $250,000 or less because the Constitution requires that revenue measures originate in the lower chamber. Why should anyone care? Why should a lame-duck House, 27 members of which were defeated for re-election, have a stranglehold on our economy? Why does a grotesquely malapportioned Senate get to decide the nation’s fate?

Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse. Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.

Why not just disregard all laws we find objectionable? What if each party in power got to define what the term “legal” means? As we have noted by using the speed limit as an example, what stops you from driving faster than the limit and once you pass it, what is the limit?

The idiocy continues:

This is not to say that we should disobey all constitutional commands. Freedom of speech and religion, equal protection of the laws and protections against governmental deprivation of life, liberty or property are important, whether or not they are in the Constitution. We should continue to follow those requirements out of respect, not obligation.

So without an actual Constitutional provision that must be adhered to, how is it assured that any of these can survive the power of an overweening government that finds the exercise of these basic rights to be inconvenient?

I just do not get what it is that these idiots hate about the Constitutional principles other than they prevent these fruitcakes from doing exactly what they want to do in any way, at any time. In my opinion, this is the same reason that anti-religion groups hate religion, the Bible sets forth tenets that they disagree with, so like the moronic Brit phone snooper Piers Morgan, they think it needs a rewrite. Why? Because it tells them that what they want to do is wrong.

I have to assume that the timing of Seidman’s screed means that he agrees with Obama’s agenda and wants to see it prosecuted. How does he know that Obama is right and the Republicans are wrong? A point that we have made before is that where we find ourselves is after Democrats have controlled national government for almost 80% of the last 60 years. Wouldn’t that seem to merit consideration that perhaps the Democrats and their “disobedience” to the Constitution are the reason that we are in the soup?

They can’t overcome the natural law principles in the Constitution, so what do they do? They mount ad hominem attacks on the Founders:

As someone who has taught constitutional law for almost 40 years, I am ashamed it took me so long to see how bizarre all this is. Imagine that after careful study a government official — say, the president or one of the party leaders in Congress — reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?

Seidman claims:

IN the face of this long history of disobedience, it is hard to take seriously the claim by the Constitution’s defenders that we would be reduced to a Hobbesian state of nature if we asserted our freedom from this ancient text. Our sometimes flagrant disregard of the Constitution has not produced chaos or totalitarianism; on the contrary, it has helped us to grow and prosper.

The only reason that it hasn’t produced “chaos or totalitarianism” is because reverence for the Constitution has prevented it – if he is going to claim that our “disobedience” (which I agree has occurred) has caused us to “prosper”, then he  must assume the responsibility for 16 trillion dollars of debt and trillion dollar deficits as far as the eye can see. It is a simple matter to argue that we are less free today as a result of this “disobedience” and the contempt for the Constitution shown by Lincoln, Wilson, FDR and now Obama.

As far as Hobbesian states of existence, I would argue that this is exactly where divergence from the Constitution is leading us.

These functioning illiterates cloaked in professor’s robes simply cannot grasp that the Constitution’s design of separation of powers and the checks and balances they provide are functioning exactly as intended to stop the very tyranny of monarchical rule that Seidman yearns for. While stating that we haven’t devolved into a Hobbesian society, he is either advocating for exactly that, single point rule by an elitist sovereign, or he is a Marxist pining away for the dictatorship of the proletariat.

Via Instapundit.

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39 thoughts on “Oh, My God – Georgetown Constitutional Law Professor Says, “Let’s Give Up On The Constitution”

      • I don’t know Kells, I’m beginning to think that it will only take one state to refuse to play this shell game and the charade is over. Let’s force the federal government to use troops or force, let’s expose the totalitarian aims of this administration by refusing federal aid and nullifying federal control over the individual states in violation of the Tenth Amendment.

        I’m thinking that Texas is the most likely candidate. The population of Alaska or Utah is too small to make an impact and too much of the land mass in both are owned by the BLM but Texas could make a statement.

        Force Obama to call out the military to suppress civil disobedience. Let’s use a little Alinsky on them, make them live up to their own rules.

        • Well, Gov. Scott refused federal aid, but then accepted some, as well. FL is divided, so I don’t understand how this could be “worked”. The biggest problem I see as that these petitions are being ignored….thus my comment.

          I think Obama would be a bit more slick and use “his” ground troops. I don’t think the U.S. military is too terribly fond of him.

          • I think this is going to have to come to head in some form of confrontation before most folks will understand how serious people are. Until then it is just talk.

        • If it could happen simultaneously in say 3-4 States that would be even stronger.

          Say Texas, Lousianna, Florida and Arizona together.

      • Really, Kells?

        How do you think the Colonists managed to secede from England? By working through their State governments, that’s how. And how did that get started? Well, it got started in the local pubs and CHURCHES!

        But then, we can keep going the route we’ve been going. You can all call the Republicans and tell them to vote for the Constitution. You guys let me know how well that works for you. I’ll be right here to tell you “I told you so” when they give Obama more of what he wants — just like they always do BECAUSE THEY ARE PROGRESSIVES TOO!

        At some point, if we want to stay FREE, we are going to have to start looking at doing things differently. I’m at that point. Who wants to work with me to start building the secession movement?

        • Joe, I’m definitely willing to work on secession, but not from SF. My husband and I decided if Romney lost we need to move out of CA. That is my #1 goal for 2013. By this time next year, we plan to be living someplace else, just not sure where yet and we have 4 houses in CA we need to sell so probably won’t get them all sold in one yr.

          If anyone on this site has any ideas about where we should relocate I would love to hear them. My hubby likes Belieze or Costa Rica, but I can’t leave US, so I prefer SC or TX.

          • I have a house in Florence, SC, if anyone is interested! 4,000 sq. ft. on the 13th hole of the Traces Golf Club… One hour from Myrtle Beach – relatively hurricane proof!

            • Utah, have u lived in your SC house? Would love to hear your impressions of SC if u have a minute. Neither my husband or I have ever lived in the south. He’s from NYC, then CA & I’m from MN before CA. We have traveled in the south, loved Hilton Head & Charleston area since we are into historic preservation and own 1885 Victorian in CA.
              Thanks!

              • We lived there for 2 years – we left due to a job change. SC was great. My house is leased now but we would live there in a heartbeat. Charleston is a beautiful city as well. Very genteel, old South traditions, good people, good climate and good food.

                • Thanks for your input, you have confirmed our initial impressions of Charleston. After we get the house here painted and ready for sale we are going to make a trip to SC, we are determined to get Out of CA next year.

        • States Governors refusing the ObamaCare Mandates are a beggining of the assertions of States Rights……they should be supported….letters and calls to them about this issue would be important at this time.

          Perhaps your Local Tea Parties could also be mobilized for this effort.

  1. This is exactly the reason I can’t go back to the Catholic Church. I’ve been trying to find the Catholic church I grew up in for over 10 years now, but apart from Cardinal Dolan I can’t find any Catholics who make any sense, including my best friend. Growing up in a German Catholic community in the Midwest, i went to Catholic school and I can assure you if anyone was a communist they kept it to themselves be ause it was definitely not acceptable. After 9-11 I tried to find a Catholic church to join, I’m still trying. Several of the churches I visited I could not even find anyone who spoke English!

    A friend of mine suggested that the Catholic church has.been taken over in US by folks from Mexico who grew up in a much more socialistic govt than Americans have. I don’t know much about Mexico so I can’t say if I agree with that statement, but I can assure you it’s not the same church I was raised in. Although the Jesuits always we’re the “left wing” of the Catholics they never preached outright revolution, as far as I know. I’ve been hoping that the fight over contraception and abortion would drive a wedge between the Obama govt and the church, but who knows now.

    I have missed my church for a long time now, but I can live with that. Losing the constitution will mean losing the country, I don’t think I can ever accept that. Joe, I’m not only ready to talk about secession, I would welcome secession with open arms.

    • I was raised in the Methodist church but as I grew older, I chose to join the Southern Baptist church – but even the Southern Baptists are being eroded by moral relativism and political pressures to accept behaviors that were simply unthinkable just 30 years ago. It is amazing how precisely we are following the path of the decline of the Roman Empire.

      • My pastor is liberal; I have ascertained that from his sermons. I sent him a “come to Jesus” e-mail, only I sent it to the wrong address! Some fella e-mails me and says, “I think you’ve got the wrong guy.” I’m getting the giggles again. It would probably be best if I spoke my mind to him in person…

  2. I have a question and an insight.

    Could this be that certain people in positions of power are actually positioning themselves to be kings?

    When the current system collapses as we see playing our on cue in Washington, are those in the position to “make change” bot financially and intellectually positioning themselves to be the new architects of a future America modeled on old ideas with new concepts? Meaning, they are going to take out some of the failed ideas of Socialism, integrate some of the ideas of Capitalism and create a hybrid Oligarchy?

    This all seems very convenient, too convenient.

    • Oligarchy based upon Marxist principles

      America is already “there”, those in charge just won’t have to give “lip service” to “America” any longer.

    • In a word Poli….Yes.

      They are establishing a new Oligarchy of Academics ( intellectuals), Politicians and Big Bankers ( above the Law….like Jon Corzine)………A new aristocracy as Joe has written.

      Feudalsim is making a Comeback unless we unite to stop it……….Marxism at its core is a form of Feudalsim…..using the energy and angst of the masses to 1st Grab and then enshrine their power.

    • Could this be that certain people in positions of power are actually positioning themselves to be kings?

      Ah, YES! :-)

      Have you ever read Wilson’s essays on “administration?” He pretty much describes that this is what we need: a ruling class of intellectuals and scientists (for Plato, it was a ruling class of philosophers, but same-same, the drive to control others is part of the failings in human nature).

      What we are seeing is Progressivism doing what Progressivism was designed to do.

  3. Trapped,

    We too are from CA and your story sounds so similar to ours. We are also cradle Catholics and are so dissapointed in the Catholic church. Eveyone in our parish for the most part is very liberal, some even believing abortion is a human right. I am also disappointed that our pastor did not let everyone know about the health mandate. When I would debate friends on facebook from our parish about this my comments would be ignored or even deleted.

    Our church is english speaking but we have been to other churches and have found that we didn’t fit in because they were either all latin or all Phillipino and they do all vote for the democrats regardless of issues such as abortion. I must say these people are very faithful to God and the church for the most part and the people in our church seem to be fake (not all).

    As for moving out of CA, we are planning on moving in 2013. We took a few roadtrips this past summer to Nebraska, Wyoming, S. Dakota, Utah and Colorado. All of these places were nice and we would consider moving too any of them except Colorado. Over Easter we will be visting Idaho which is where, after doing research we would really like to go. Alot of people from CA seem to be moving there (hopefully not the liberals) It looks like Colorado in the pictures, but it is a more judeo-christian conservative state.

    • You are the 3rd personOn this site to say this about the Catholic Church……there is a poster called Kelly ( different from KellsBells) who chimed in with similar observations, esp. in regards to the election.

    • Hi Michelle,

      Should explain that we are not native CA, I’m from MN & hubby fron NYC, but we have been in CA many yrs.

      This new Catholic church is so different from the one I grew up in I don’t even recognize it most of the time. A girl I went to Catholic school with is now a nun in charge of the nuns who run St. Catherine’s College in St.Paul & from what gets back to me thru mutual friends the nuns seem to have become socialists who support abortion. They even counsel young Catholic girls in St. Paul to consider abortion! While I’m pro-choice during 1st trimester myself, I certainly didn’t ever expect the Catholic church to be. I have heard this nun received a letter from Rome telling her to get her sisters in line or $ to her order will be cut off.

      I think Idaho is beautiful & I think the Mormons keep it pretty conservative, butmy concern for you (if you were born and raised in CA) is the weather. Be sure u visit in winter when there is snow and no sun for long periods of time. My hometown in MN had less sunny days than Seattle.

      Stats seem to suggest most CA folks move to TX. From 2000-2010 over 2 million Californians moved out of CA & 25% moved to TX. My Botox Dr owns vacay home in Idaho & she says liberal population growing there, but that’s all I now about current conditions there. After all these yrs in SF area I can understand you wanting to surround yourself in conservatives. Best of luck, wherever u decide to go.

  4. On another serious NOTE:

    When a lawyer passes the bar and is “sworn in”, he/she takes an OATH to SUPPORT AND DEFEND THE U.S. CONSTITUTION.

    Presuming Georgetown’s “law professor” is still a member of the bar and licensed to practice law, when this Professor argues OUR Constitution should be discarded, he is doing the opposite of supporting and defending.

    If this “professor” is writing and publishing and arguing FOR these courses of action, how many lawyers and future lawyers has he INDOCTRINATED to believe this same flawed reasoning?

    LADIES and GENTLEMEN, this exemplifies what AMERICA is up against.

    • The problem with law school, they emphasize learning to argue a side, without regard to who is correct, or who should prevail.

      If a person doesn’t have a solid core belief system, then they will be lost in the sea of relativism….

      Probably the reason for so many lawyers who have depression and substance abuse problems.

  5. Pingback: Freedom Is A Reciprocal Arrangement | The Rio Norte Line

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