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Federal Judge: The Constitution Is Outdated, Judges Should Stop Studying It


By Hunter Wallace

During the Republican primary, it became clear to many of us that Ted Cruz’s supporters revere and invoke the “Constitution” in the same spirit that cargo cults in the South Pacific build things like fake runways and planes:

“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.

“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century,” he continued. “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, an influential jurist who has served as a federal judge for thirty-five years, has previously voiced his disregard for the Constitution. “I’m not particularly interested in the 18th Century, nor am I particularly interested in the text of the Constitution. I don’t believe that any document drafted in the 18th century can guide our behavior today,” he said during a 2015 colloquium. …”

The Constitution is a dead letter.

The Left unshackled itself from America’s social contract generations ago: the Constitution, particularly the 10th Amendment, is just an irrelevant piece of paper to them. Similarly, the vaunted colorblind society of MLK’s Dream only applies to cisgendered heterosexual White males, who are expected to play their assigned role as guilt-ridden, deracinated individualists. The norms and expectations of the colorblindness project do not apply to anyone else. Lately, the Left has even begun to assert the right to cleanse Christianity from the public sphere and to violently repress speech it finds objectionable.

Mainstream conservatives have responded by doubling down on enforcing a social contract which no longer exists. They know this is why their power and influence is fading too.