the torture of living documents

I consider this very dark humor, but it is very true and, I confess, a bit delicious:

Constitutional Torture

Liberals are claiming that President Bush has violated constitutional restrictions on torture and spying on Americans. Don’t they understand that the constitution is a living document that must be reinterpreted in light of new events and understandings? An originalist reading of the constitution would throw us back into the primitive past when the minimum wage was unconstitutional. Fortunately, conservatives know that constitutional interpretation must change with the times and never more so than now. We live in a different world. The Founding Fathers may have been great in their time but they did not face the problems that we face today and we should not be bound by their 18th century ideas of liberty and executive tyranny.

Posted by Alex Tabarrok on December 28, 2005 at 07:12 AM in Law | Permalink

Thanks to TS for pointing me to Marginal Revolution.

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One Response to the torture of living documents

  1. What’s even funnier is that some bloggers did not understand the sarcasm in his blog. Check out some of the trackbacks on the Marginal Revolution website to read how some people interpreted his comments. Especially the last few trackbacks.http://www.marginalrevolution.com/marginalrevolution/2005/12/constitutional_.html

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