Home Forums Hunting & Shooting Hunter's Campfire Federal Judge: Constitution Not Worth Studying Anymore

According to 7th Circuit Judge Richard Posner, writing on Slate.com, it’s time for the Supreme Court – and, indeed, law students everywhere – to stop giving so much deference to that old, musty document known as the U.S. Constitution.

“I see absolutely no value to a judge of spending decades, years, months, weeks, days, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc. of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post-Civil War amendments (including the 14th), do not speak to today.”

Posner concluded: “In short, let’s not let the dead bury the living.”

Posner, an appointee of Ronald Reagan, is surely entering the initial stages of some form of regrettable dementia.

If anything, our current Supreme Court justices have strayed too far from their constitutional grounding. Increasingly, they put on those black robes and suddenly consider themselves the wisest men and women in the land, imbued with the kind of grand ideas and exceptional genius that renders the Constitution (and even legal precedent) matters of triviality. If these things can be used to support their learned opinion, great. If not, well, that’s fine too. No such banalities can be used to question a mighty Justice! Begone, peasant.

Posner is right, of course, that there are aspects of 21st century American life that are too far removed from the Revolution-era to make constitutional application an easy job. But then, that’s why we have the Supreme Court. If you could find every answer in the written text of that hallowed document, we would hardly need all of this “interpretation.”

But without a close study of the Constitution, its framers, and its intent, we are a ship lost at sea, simply making the rules up as we go along. At some point, Posner (and many other liberals) apparently forgot that the Constitution was – and is – one of the greatest legal foundations for government in the history of the world. Upon those brilliant insights, we built a country that permanently changed this thing we call life.

The grand importance of the Constitution, though, is not in its specificity or its one-to-one relevance in 2016. It’s the theme that is written between every calligraphic line: Whenever possible, the power of the federal government over the citizenry should be severely limited. This should be the guiding light of every Supreme Court Justice, every senator, every congressman, and every president.

“I think the Supreme Court is at a nadir,” wrote Posner at another point in his essay. “The justices are far too uniform in background, and I don’t think there are any real stars among them.”

Well, then, Judge Posner, this would be a pretty bad time for them to start ignoring the Constitution, wouldn’t it?

He is exactly why the founders recognized and placed the Second Amendment in the Bill of Rights.

He is right. The document became more or less irrelevant decades ago. We don't follow it. So why bother studying it?

No he's wrong and is representative of what is wrong in this country as are those that think like him. Include yourself if you are so inclined. We need the constitution now as much or more than we ever did. Now is not the time to diminish it nor has there ever been such a time.

And replace it with "what"?

Culture and technology may change, but human nature remains unchanged and the acquisition of power (and use of same)by corrupt individuals and governments will continue unabated.

But the document and the foresight of the founders is all that prevents it, and stands above the fray.

To suggest that we should trust any portion of todays crop of fools with the ability to tamper with it, is ridiculous.

The judge is an idiot.

Posner is essentially the touchstone on tort law in the US.

However, his views on the Constitution are ludicrous, and completely unsuitable for any sitting judge at any level. He should be removed, or have the honor and integrity to step down.

Well BobinH theres a crop of Fools who think a Tax dodging, Mysoginist Bigot shoud lead this country ....

The Documents been so comprimised now that its relevance sure can be question.

The Judge makes alot of sense

He makes no more sense than you do. Do us a favor and go away, and take that Judge with you. miles

It's long past diminished.

I am an American and in my eyes it is not nor have I done anything to diminish it. It is my birthright. Evidently you think differently and do not hold it in high esteem. So be it.

Sounds like he considers his opinions above the Constitution, and probably above those "God given rights" also.

They need a lesson in what the 2nd Amendment is for.

U.S. Constitution 101.

It's past due for these dickwads that think they are above the freedom our nation was founded on.

And apparently you are incapable of distinguishing between your wants, desires, and wishes upon a star from reality. It matters not how you or I feel about it. The fact is it is an irrelevant document that has absolutely failed to limit the power of size of government and it is scarcely followed by anyone.

You guys better get a grip.....it's actually the last hope you have.

You let vampires like that judge start playing with that document and the first thing to go will be the 2nd...then the 1st and it's a downhill slide from there.

Not that any of the intelligentsia of today would have the foggiest phuggin clue of how to reform it and I wouldn't trust anybody from todays generation with the job.

They've been playing with it for a long damned time. The Supreme Court once said that they can prohibit you from having a backyard garden because the corn you wouldn't buy because you had that garden was part of the stream of interstate commerce. If they can justify that, they can do anything.

The point I am making is that you exhibit the exact kind of thinking that has allowed what you describe. I am under no illusions. Perhaps you are. I find no fault in being a fundamentalist re the constitution. I make no concessions to you. This judge is flat out wrong and no part of his logic has any merit at all. Not in my house. Don't know about yours.

He put his hand on a Bible and swore an oath to uphold the Constitution. If he now has a change of heart, like it appears, he should be removed from office via impeachment.

The document is open to interpretation by the Courts. That's why they are there.

Just because things don't always go as you like, you don't throw the baby out with the bathwater.

I think what the judge is saying, is a product of modern society and what the education system is turning out....

stating a document created 200 plus years ago, could not foresee what the future would hold and bring is easily to make sense.... its a logical statement, and easy to take at face value..... to me that is the education system indoctrination of not questioning what might make logical sense for the convenience of today's society....welcome to communist indoctrination 101....

you receive a logical statement and you don't think about it because it makes sense to you, as you've been indoctrinated to believe.

then you get out of that mode and actually think about it, ask yourself one simple question.... does modern technology over ride one's need for individual rights and freedoms?

Liberals seem to think so...as they are indoctrinated to believe that sort of crap.... they look to the government to take care of all of their individual needs, regardless of how minute they may be....

another perfect example of liberalism being a mental disease..

and as an addendum,

anyone listening to that troll, St Evil and giving his posts credence is just as stupid....

he's a plant on this web site, plain pure and simple...

no one can be that idiotic....

I'd question if he is really even an Australian.. probably either a governmental plant or a friggin Muslim from somewhere from a third world schitthole....