The Daily Realities of Constitutional Law

Like many Americans this morning, I picked up my local newspaper and read an AP story about Justice Souter announcing his soon retirement and Obama’s vision for a replacement.  In this article was a quote from Obama regarding the type of person he is looking for and although this, I am sure will brand me as some right wing whack job, I am concerned…a lot concerned.  Obama said:

“I will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people’s lives,”

The problem I have with this quote is the desire to direct legal decisions around the daily realities of people’s lives.  The daily realities of people lives right now is not that great for some.  Tough times, no jobs, unemployment benefits running out, homes being taken away from families, all causing some folks to consider desperate measures to turn things around.  So should these circumstances change the penalty for robbery?  How about the pet darling Democrat issue of Abortion?  If most of America identified themselves personally as pro-life (for themselves only) then should this be taken into account regarding the legality of Roe v. Wade?  The left would say no, they would say that the constitution protects that legal right and daily realities should not impact it.  But they would also have no problems using daily realities to strip Americans of their constitutional right to own and bear arms.

Since Obama and many others in power view the Constitution as a living, breathing document subject to the whims of public opinion, this type of statement concerns me.  We don’t need a progressive constitution and quite frankly this statement implies to me a desire to rule based more on feelings then constitutional interpretation and past legal presidents.  But what do I know, after all my political viewpoints rarely if ever align with the progressive movement which I guess just goes to show how unenlightened I really am.

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One Response to The Daily Realities of Constitutional Law

  1. Well….I hate to be the bearer of bad news, but you’ve been labeled a right-wing extremist.

    GOOD WORK!

    I don’t understand this weird “HERO” worship still going on of Obama too! His first 100 days have been SCARY. S.C.A.R.Y.

    But, from my aunt who I thought loved me, she said 4 out of 5 Americans are Democrat and I just better get used to it.

    Nice. Gotta love family, right?

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