Thursday, November 17, 2011

One of the best arguments against strict construction of the Constitution: the existence of other constitutions around the globe

Because, really, what point is there to being a fundamentalist about original intent if you can go to France, Italy, Germany, and on and on and see plenty of Constitutions that work and function not based on the American political tradition? Not only that, but, horror of horrors, they have similar ideas and concepts. It's only in our myopia, our sense of ourselves as being the only country in the world, that we can think of our Constitution as something so special, so sacred, that it can only be interpreted by diviners who feel out what a bunch of folks in the late 18th century may have thought, a task that as the years go on has much in common with the counting of the number of grains of sand on the beach.

Original construction, strict construction? Do you mean the strict construction of the French constitution of 1789, or the Weimar constitution of post-war Germany? Perhaps you mean the Italian Constitution created after Italian Unification?

1 comment:

Anonymous said...

Well-written post! I've only just discovered your 'Lost Highway Times' blog, but suspect I shall return quite frequently. Insightful and inspiring. Appreciate. Cheers, Isa.