[the Warren Court] “didn’t break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it has been interpreted.” — Barack Obama interviewed on Chicago Public Radio WBEZ-FM September 6, 2001
On January 20, 2009, Barack Obama may be standing before Chief Justice John Roberts, place his hand on the Bible and take the oath of office of the President of the United States and pledge to “preserve, protect, and defend the Constitution.” Can he take such an oath with a clear conscience?
Obama’s View of the Constitution
Steven G. Calabresi writes in the October 28th, 2008 Wall Street Journal, describing how Obama’s philosophy is that justice should not be viewed by our courts in a legal sense, but rather in a social sense. Social justice means just what he said to Joe the Plumber, spreading the wealth around is a good thing. Not only is it a good thing, but it should be guaranteed by the constitution.
What this means is that he believes that if an individual goes to court and has a hard luck story to tell, the judge should rule in that individual’s favor, regardless of the legal merits of the case. As Mr. Calabresi writes, “Empathy, not justice, ought to be the mission of the federal courts, and the redistribution of wealth should be their mantra.”
The Threat to Liberty
How does this impact our individual liberty? Well, liberty is defined as freedom from arbitrary or despotic control. So if a homeless person, breaks into your house and eats your food, he should not go to jail or be punished. Perhaps if he vandalizes your house, he may be punished, because that wasn’t necessary. However, if you were his former boss and you laid him off or fired him, then maybe the vandalism is okay. If you have food and can afford to buy more, then the homeless have a right, constitutionally protected, to take yours. Now you may well say, that will never happen! Maybe so, but then you will see the next best thing, the government will take the equivalent of your food in the form of your wealth and give it to the homeless person. And just what is the difference between a criminal with a gun, and the government with the power to throw you in prison when the goal of both is to take your wealth.
What Did the Founders Think?
The reasons the founders incorporated what Obama calls “essential constraints” into the Constitution was their deep seated distrust of a powerful government. They knew the power of a government that paid little heed to their liberty. They threw off that government with the Declaration of Independence. They were fearful of putting a similar one in its place. They felt that individuals should be free to enjoy Life, Liberty, and the Pursuit of Happiness, and that government is necessary, but should be minimal.
Listen for yourself:
