Constitutionalists may see a lot of slipping and sliding here of the purposes of the US constitution, or any constitution for that matter.
When Christ enunciated the philosophy that the Sabbath was made for man rather than vice versa he was giving expression to that feeling with which most modern students of constitutional law approach their subject. There was at one time a disposition to regard a national constitution, with all its machinery of “checks and balances,” and its fervent adherence to dogmatic principles of political and economic liberty, as a thing immutable and eternal and a clearly defined political concept to which all future social development must strictly conform.
This conception of the constitution quite naturally enjoyed the support of the great majority of political scientists in those periods when the social structure protected by the terms of the constitution continued to prove itself adequate to meet the demands for “the greatest possible happiness for the greatest number of people.” When it had quite obviously ceased to fulfill these demands and when the swelling agitation for reform began to throw an unprecedented strain on the machinery of government we find an increasing number of political students favouring the view that the constitution ought not to be regarded as a static formula, but as a fluid and flexible one.
This modern and certainly more popular view holds that the constitution, as a formula for social conduct, should be open to the broadest interpretations in order to meet the demands of a rapidly changing society. If necessary the constitution should be twisted, stretched, bent or even broken to make its structure conform to the changing shape of the social order, which occurs daily throughout the modern world, echoing Lincoln’s reminder: the people may exercise the constitutional right of amending the constitution, or the revolutionary right of over-throwing it---in brief, that the constitution was made for man, and not man for the constitution.
I offer this as a non-partisan opinion of constitutional development, of which my family has actively participated, written on and lectured for many decades.
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In 30 short years activist judges, continuing the ruinous policies of Leftist and avowed Communist lover Pierre Elliot Trudeau, have transformed our nation and cuckolded our parliamentary system. Trudeau got the last laugh and we suffer for it. This is what happens with constitutions that are "living documents" in the hands of unaccountable, appointed judges.
I look forward to the day Canada collapses as a nation and something better can arise from the ashes. The West has been destroyed by Liberals and liberals and there is no going back.
What constantly amazes me is despite the scourge of socialism in the 20th Century, 100 million dead and millions more enslaved, you and others continue to tout the socialist party line.
"This modern and certainly more popular view" It's not modern and it's not more popular. It's the path of despots in waiting who don't have an army to do their bidding just yet.
