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Those Who Want to Destroy the Constitution

On Friday, The New York Times published its latest op-ed calling for the end of the Constitution of the United States. The authors, Ryan Doerfler and Samuel Moyn, teach law at Harvard and Yale respectively. They argue that the Left’s progress has been stymied by constitutionalism itself. “The idea of constitutionalism,” they correctly write, “is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day.” This, of course, orients the process of law toward the past: there are certain lines that simply cannot be crossed. And, as Doerfler and Moyn point out, “constitutionalism of any sort demands extraordinary consensus for meaningful progress.”

And herein lies the problem for Doerfler and Moyn: constitutions “misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now.” The solution, they say, lies in dispensing with the Constitution entirely; the proper solution to the Constitution is in “direct arguments about what fairness or justice demands.” After all, they admit, “It’s difficult to find a constitutional basis for abortion or labor unions in a document written by largely affluent men more than two centuries ago. It would be far better if liberal legislators could simply make a case for abortion and labor rights on their own merits without having to bother with the Constitution.”

How can the Constitution be jettisoned? The authors suggest packing the Union with more states; “reorganizing our legislature in ways that are more fairly representative of where people actually live and vote”; turning the Senate into a legislative vestigial organ, without any actual power.

At least they’re saying the quiet part out loud.

The truth is that the Constitution is “antidemocratic,” in the sense that it sets up a series of limits on what a democratically elected government can do. The Constitution is a charter of limited powers, delegated by the people and the states to the federal government; neither the people nor the state governments would ever have consented to the sort of pure populism promoted by Doerfler and Moyn. The founders deplored the idea of an unfettered federal government ruled only by popular passions. That is why they put in place a system of checks and balances to forestall mob majoritarianism. They recognized a simple truth: that the best and most responsive government presides over homogeneous interests, generally locally, and that as we abstract rule away from the people, interests diverge. This means that as government abstracts away from the people, it ought to be granted less and less power.

The Left hates the Constitution for precisely that reason. To the Left, the Constitution is a mere barrier against the utopian mission to restructure human relations, and ultimately, humanity itself. In this view, large government is to be the leveling force among human beings, cramming down the views of one half of the country on the other half. Local governance is dangerous because it might lead to diversity of viewpoint and practice; federal government is the best available tool for shaping and molding. Dispense with the Constitution’s limits on the powers of the federal government, and suddenly transformational change becomes possible.

The only problem is that such a viewpoint utterly disregards the history of human relations. A government that presides over 330 million human beings with a variety of different viewpoints on core moral issues is unlikely to rule either benevolently or successfully if granted the unfettered power to flatten a multiplicity of jurisdictions and ways of life. Limits are the key to both benevolence and success in governance. Dispensing with the Constitution may sound pleasing to those who seek drastic change on the greatest scale, but drastic change of that nature typically looks more like tyranny than progress.

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Ben Shapiro

Ben Shapiro, 37, is a graduate of UCLA and Harvard Law School, host of "The Ben Shapiro Show," and editor-in-chief of DailyWire.com. He is the author of the New York Times bestsellers "How To Destroy America In Three Easy Steps," "The Right Side Of History," and "Bullies."

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One Comment

  1. I love Ben, but it is way deeper than intellectual arguments about the validity of the Constitution. The left has been destroying our culture on multiple fronts for sixty years. First, their constant push to “secularize” society and demonize Christianity and organized religion. Then even invented and codified the dogma of “separation of Church and State” when, in fact, the first amendment says only, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. It says absolutely nothing about the practice of voluntary prayer in government or public facilities which was commonplace for most of our history. They know that religion is the “glue” that has held societies and families together for thousands of years. Then, in the sixties, Lyndon Johnson’s “Great Society” started our modern welfare state which monetized the single parent family and caused children, born out of wedlock, to rise from 25% to now over 75% in black families. That is the real cause, not systemic racism, of the disproportionate number of blacks committing crimes and incarcerated. At about the same time, the sexual revolution and the women’s liberation movement began; freeing women from the burden of unwanted pregnancy and further eroding our mores. Ditto, the rise of Planned Parenthood and our abortion culture. It took many years, but radical Marxist ideology infiltrated and eventually took over our college campuses, inculcating our youth and further changing our culture. Now, of course, we have radical CRT unbelievably pushed all the way down to our elementary schools. If not for COVID lockdowns and “remote learning” most parents would still be unaware of the horrific indoctrination taking place.

    Along the way the ideologues started demonizing our history, slandering our historical icons and imprinting the idea the America is little more than a Colonial empire and the epicenter of Slavery; murdering indigenous people and starting wars along the way. While our history certainly has some horrible scars, our Constitution and Bill of Rights have been the roadmap to our positive evolution and a guiding light to the world for 240 plus years. Real historical truths have been buried. I doubt that any college graduate in the last twenty years would be able to tell you that more than a hundred million people were killed by their Communist and Socialist dictators in the twentieth century. They don’t give America credit for literally twice saving the world from fascists and dictators. They certainly wouldn’t be able to tell you that the slaves in America were .03 of the world’s slave population at the time which was primarily in the Middle East, India and South America. Or that most of the slaves were taken out of Africa by Muslims, not Europeans. Or that slavery was practiced by every major civilization (including most American Indian tribes) in almost every country since the beginning of recorded history. Our history has been totally propagandized.

    More recently, traditional male roles have been deemed “toxic masculinity” and, or course homosexuals and transexuals have been lionized. The internet gives us “fake news”, censorship, violent video games, free porn, and the legitimizing of every form of sexual perversion. Is it any wonder that we have a sick, narcissistic society that results in the highest levels of depression, alcoholism, drug addiction, suicide and violence that we have ever seen? And I haven’t even discussed the destruction of the “rule of law” and the weaponizing of all of our government agencies (the FBI, the CIA, the DOJ, the IRS, the DOD) and mainstream and social media against their political opposition.

    Wake up America or our once great Republic and our Constitution will soon be lost forever.

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