Wednesday, February 22, 2012

Kerby's Point of View - Constitution No Longer the Model

Scary, especially if you have studied the other models spoken of. For sure the other models sound really good until you realize more and more of our freedom and independence is removed. Sign of the times? Or...have you ever watched sheep or cattle being herded?
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February 22, 2012

Constitution No Longer the Model
by Kerby Anderson

 

 

Should the U.S. Constitution be the model for the constitutions of other countries?
If you asked that question a few decades ago, I would think most Americans and most
Supreme Court justices would answer with a resounding “Yes.” That apparently isn’t the
case any longer.

Recently, Justice Ruth Bader Ginsburg said on Egyptian television that if she
were drafting a constitution, she wouldn’t look to ours. Instead, she recommended the
South African Constitution, the Canadian Charter of Rights and Freedoms, or the
European Convention on Human Rights.

Why did she recommend those constitutions over ours? These other documents
are full of enumerated rights. Citizens are given all sorts of rights by their government.
But, if the government grants those rights, it can just as easily take them away.

The U.S. Constitution actually does just the opposite. It lists a limited number of
enumerated powers in Article I, Section 8. The rest of the powers are reserved to the
states and the people. It doesn’t list the rights citizens have because these are unalienable
rights. According to the Declaration of Independence, these rights already exist because
they are granted by the Creator. It is also worth mentioning that some of the founders
thought a bill of rights was unnecessary.

The argument for limiting government rather than listing the rights of citizens is
losing the day. According to an article in Investor’s Business Daily, a study is about to be
published in the New York University Law Review revealing that our
Constitution “appears to be losing its appeal as a model for constitutional drafters
elsewhere.” In the past, many of the world’s democracies modeled their constitution after
ours. By the 1980s and 1990s, that trend reversed.

It appears that more and more countries are opting for granting rights to food,
housing, and health care. That’s not a prescription for limited government but rather an
excuse to grow government and take more in taxes to pay for everything it promises. I’m
Kerby Anderson, and that’s my point of view.

 


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