Judging by the exceptions he recently proposed for altering the Miranda warnings, even Attorney General Eric Holder believes that “the Constitution is not a suicide pact,” a truth first stated in 1949 by Supreme Court Justice Robert Jackson, and made new again in our time.

Meanwhile over in Britain, this week they have a new Prime Minister.  They also have a Queen.  They have Big Ben.  The have, in Chelsea, a world-class soccer club owned by a Russian oligarch.  They have an honorable tradition of tolerance, free speech and fair play.  But they do not have a constitution.

Recently, though, a British judge, John Mitting, signed a suicide pact between his nation and violent Islamic extremists when he ruled that two Pakistani men, one a known al-Qaeda operative, could not be deported due to the possibility of their being harmed if they were sent home.

The private reaction of many British citizens has been fury and dismay.  From the right-wing newspapers, the same. Let us for this story turn instead to the left-wing, “insurgent”-accommodating Guardian newspaper, just to assure readers new to Big Journalism that this is not a “stretcher”: (more…)

The Citizens United decision is a powerful rebuke to the forces that believe our Constitution is less a solid foundation of our democracy then a political pretzel to be bent and twisted into any form the politicians choose.  Sadly, far too many journalists and other people who really should know better blindly accept this bizarre vision of our founding documents.  They allow themselves to be seduced by the notion that the foundations of our democracy are actually barriers to “progress” that can simply wished away instead of firm principles that, if they are to be changed at all, can be amended only with the overwhelming and express consent of the governed.

The Left often argues that the Constitution is a “living” document, by which they really mean that the plain text is irrelevant and that over time the Constitution’s provisions inevitably morph into – surprise – something that just happens to correspond exactly to their precise policy preferences.  And so the “Living Constitution” grows, but less like a mighty oak than a patch of weeds.  Take the Commerce Clause, originally drafted to allow the federal government to control trade between the states but today a bloated behemoth that provides an excuse for every Congressional power grab that comes down the pike — including, if Nancy Pelosi is to be believed, “health care reform.” (more…)