I’m not sure exactly what these folks are pledging to do. Are they living constitutionalists pledging fealty to the Constitution on the day they sign the pledge? Or some future Constitution the exact substance of which they don’t even know when they sign the pledge? Is each person pledging to their own Constitution which just doesn’t change to them? Unless, of course, they are all pledging to a Constitution that actually has a definite, knowable, unchanging substance — in which case I look forward to joining them in celebration of Justice Thomas and Justice Scalia’s service at the next Federalist Society convention.
September 16, 2011
More on the Living Constitutionalists’ ‘Pledge’
[People who “believe in a living constitution” haven’t thought things through. Do they also believe in “living contracts” where the terms of the contract change without all parties to the contract agree to the changes or even being notified that the contract no longer means what it says? To say, “we have a living constitution” means we have no constitution.—Joe]