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Face the facts: U.S. Constitution is dead document with no meaning

By David McElroy · June 29, 2012

The U.S. Constitution is dead. We might disagree about when it died or what to do about it, but it’s time to admit that the piece of parchment that our civic religion taught us to revere is cold and dead.

The body of the Constitution is still trotted out from time to time. A few quaint parts — mostly a few among the Bill of Rights — that courts still want to pay attention to get some lip service. Other parts are blatantly ignored. Yet other parts are “reinterpreted” to mean whatever the people in power need them to mean. But the document itself as a whole — the meaning of the words as the writers and ratifiers understood them — is empty. It’s like some sick civic version of the bad old movie, “Weekend at Bernie’s.”

For many conservatives and libertarians, there is no more cherished political idea than that of “returning to the original meaning of the Constitution.” It’s time to be honest and blunt about this. It would make just as much sense to talk seriously about looking for dinosaurs today. They’re extinct. They’re not coming back. And neither is the actual meaning of the Constitution.

The fantasy of bringing back the Constitution in its actual meaning keeps being shot down, time after time, but people hopefully return to it like an abused wife returning to a husband who beats her. Those of us who believed a return to the Constitution could change everything keep being disappointed. The latest example was Thursday when the Supreme Court let the worst parts of ObamaCare stand.

Many of us looked at the text of the Constitution (and the written intentions of the framers) and found it incomprehensible that anyone with a functioning brain could say that there was anything in the text that gave Congress the right to demand that every American buy health insurance. The authority just isn’t there. Not only that, but the Ninth Amendment and Tenth Amendments to the Constitution specifically state that any power not granted is reserved to the states and individual people.

If you read the text, the meaning is clear.

But the legal profession has the theory that the Constitution is a “living document,” which seems to be a fancy way of saying it can mean almost whatever a legal theorist can come up with and then convince the justices is in accordance with today’s society — regardless of what the text says. (If you don’t believe me, try to find the legal reasoning for the Roe v. Wade decision in the Constitution. It’s not there. Whether you favor legal abortion or not, the legal reasoning that justified the decision is nowhere to be found in the text of the document.)

Many people who favor a strict interpretation of the Constitution seem to forget that doing so would mean giving up much of what they’ve come to see as modern life. They’ve come to expect the job situations to be “fair” — whatever that means — and they’ve come to expect government to watch out for the safety of their food and drugs. They’ve come to expect government to make sure that certain things are “fair.”

The problem is that most people have very different points of view about when government got so far out of control. For conservatives of a certain age, it was during FDR’s New Deal period. For some a bit younger, things got offtrack during the ’60s. For even younger conservatives and libertarians, it might have been during Bill Clinton’s presidency (which doesn’t even make sense, for the most part). And, now, we have hundreds of thousands — probably millions — who believe that it’s now, that things weren’t too far off until the presidency of Barack Obama.

Which version of the Constitution do all these people want to return to? A return to the real, original version (even as modified by amendments) would change everything you know. That would scare most people. Do you want to draw the line at the New Deal? You’ll accept every abomination up until then, but nothing more? Or do you want to accept everything up until the last decade or so? Just where do you want to draw the line?

You can’t have it both ways. You can’t call for a return to the Constitution without going back to the original text — and most people aren’t willing to go that far. They like a government that protects them and takes care of them. They just don’t want it to go “too far,” however they define that.

We’re not going back to the original Constitution. The patchwork mess that it’s become is irrational and unjustified by honest reasoning. It’s time to admit that it’s dead. It’s time to rethink what we want society to look like.

The Constitution is dead. Continuing to drag its body out to pretend we can revive it is useless. We need to let it go and figure out where to move forward. There’s no return to the past.

You’re always going to be disappointed if you put your faith in a mere piece of paper with fancy words on it. And when you trust men and women not to abuse the power they claim to rule over you, you’re always going to find yourself betrayed.

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As part of my effort to rid my life of social media, I will no longer display links to my two Instagram accounts here. Those accounts will be dormant for the time being and will eventually be deleted. I plan to have a method for displaying photos here instead, but the solutions I’ve tested so far have been disappointing. I’m still working on it.

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I need some new portraits of myself, so I tried a I need some new portraits of myself, so I tried a few shots after I got home late Monday night. This one wasn’t great, so I’ll try again later, but I can use it until I have time to shoot another. I was too lazy to light this one properly — and it shows. 😺
Sunset, Leeds, Alabama — August 27, 2026 Sunset, Leeds, Alabama — August 27, 2026
Sunset, Leeds, Alabama — August 19, 2026 Sunset, Leeds, Alabama — August 19, 2026
When I got home at midnight Monday, I was doing so When I got home at midnight Monday, I was doing some work in the studio and Oliver wanted to join me, so I showed him around to acclimate him to the place again. He rarely goes in there, but I have pictures of him in that studio on the night I brought him home as a kitten. 😺
Earlier this week, I found two photos of Lucy and Earlier this week, I found two photos of Lucy and me that I had never seen. I loved finding the pictures, but seeing these photos left me thinking about the effect it has on us when we lose an animal we love — and it was also a reminder of how much my life has changed for the last nine months it’s been since I lost her. I wrote an essay about this. You can find it as the most recent post at davidmcelroy.org right now if you’re interested. I really do miss this sweet girl.
When I take lightning pictures, I’m always hoping When I take lightning pictures, I’m always hoping to get just one usable photo, but I got two dramatic images tonight. You might recognize the water tower and communication tower that you’ve seen in many of my sunset photos. This is about a mile from my house in Leeds, which is just east of Birmingham.
For those who are in places where it’s miserably h For those who are in places where it’s miserably hot today, here is a minute of light rain and gentle thunder from my back yard late Saturday afternoon. It’s very relaxing to stand at my back door and watch this, especially since the heat is pretty mild today — 80 degrees (about 26 celsius) — for July in the American South.
Alex was willing to cooperate with me for a new po Alex was willing to cooperate with me for a new portrait late Wednesday night. It’s been roughly three and a half years now since the cold night when I was able to lure him out from behind a garbage dumpster into a trap — but I don’t think he’s sorry at this point that he fell for the trick. 😺
This is the face of a man who’s thrilled that the This is the face of a man who’s thrilled that the weekend is finally here. It was a very long (and productive) week, but the time has finally come that I have time to write and read and think. Late Friday night, I’m at the McDonald’s near my house with a Diet Dr Pepper and a MacBook. For me, it’s like Cheers without the booze.
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A few minutes before midnight, Meg is on her back A few minutes before midnight, Meg is on her back purring in my lap. She’s a happy girl. You can tell that the dirt and grime from her years outside still haven’t completely faded on the white fur of her back legs.
Meg is hanging out in the bedroom with me just aft Meg is hanging out in the bedroom with me just after midnight Saturday night.
I’ve been waiting football Saturday evening instea I’ve been waiting football Saturday evening instead of feeding cats — and Alex is very certain that I have my priorities very confused. He’s not happy with this. He’s sitting on a pile of dirty clothes watching me giving attention to a game instead of him.
From the CritterCam: I have no idea what has captu From the CritterCam: I have no idea what has captured Oliver’s attention outside an office window Saturday evening just before sunset, but I just checked on him remotely and found him with this very intense expression on his face.
Meg posed for a simple portrait in the bedroom for Meg posed for a simple portrait in the bedroom for me late Friday night. She’s a very photogenic girl.
I was taking a photo of Sam in an office window wh I was taking a photo of Sam in an office window when Oliver decided he should have some attention, too. Sam knows that his bigger brother is upstaging him, but he’s not sure whether to stay in the window or jump down.
From the CritterCam: Alex has been sleeping in the From the CritterCam: Alex has been sleeping in the cat bed on my desk Thursday night, but Oliver seems to be trying to bully him into moving so the big gray boy can have the spot instead. But Alex turned back around and went back to sleep. Oliver was disappointed, but walked away.
From the CritterCam: Even though I’m not at home, From the CritterCam: Even though I’m not at home, Alex seems to know that I’m watching him over the webcam. He’ll be back to sleep any moment, though.
Late Wednesday night, Meg is relaxing on the bed w Late Wednesday night, Meg is relaxing on the bed while I write in the bedroom. Every now and then, Oliver cruises by the foot of the bed and she takes off to chase him — then seems to remember that he has “boy cooties” and breaks off the chase. She seems pretty happy to be here as she finishes Day 22 in the house with us.
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