Fixed Constitution works I found the BDN’s Jan. 17 editorial
“The Living Constitution” much less than successful. There are
significant reasons to approach constitutional issues with
strong regard for original intent. First of all, we have a
method for changing the Constitution — namely, the process of
amendment. While that method is difficult to realize, it assures
us of continuity. The ending of slavery in the United States is,
among other things, a matter of constitutional law, i.e. the
13th Amendment. The 14th Amendment guarantees that the
individual states cannot impose slavery. Second, altering the
Constitution absent the proper method of amendment assures that
no one knows what the law is at any given time. Surely, you
cannot find that to be a desirable state of affairs. In
addition, I refer you to Kelo v. New London, in which the
Supreme Court allowed eminent domain to benefit private
interests clearly inconsistent with the Constitution as written.
True, we no longer live in the end of the 18th centur