Ken Blackwell

Congressman Jim McGovern (D-Mass.) was being pressed in a live TV debate, so he may be excused for blurting out the truth.

Here’s a portion of what very liberal Mr. McGovern said:

We have a lousy Supreme Court decision [in the Citizens United case] that has opened the floodgates, and so we have to deal within the realm of constitutionality. And a lot of the campaign finance bills that we have passed have been declared unconstitutional by the Supreme Court. I think the Constitution is wrong. I don’t think that money is the same thing as human beings."

What a stunning statement! There are several things to consider in this argument. For us as constitutional conservatives, it’s entirely acceptable to disagree with the U.S. Supreme Court. I say every day that Roe v. Wade was a terrible decision and should be corrected. The Kelo ruling set a dangerous precedent. That 2005 case allowed the City of New London to condemn a private homeowner’s beautiful house, not for a bridge or tunnel, not for a fort or a federal highway, but simply because the city government could gain more revenue by taking the house and leasing the property to a private developer! That’s a shocking ruling. If that ruling is not corrected, your home will no longer be your castle, it will only be your trailer.

Congressman McGovern doesn’t take issue with the Supreme Court, however, he says the Constitution itself is wrong. Did Mr. McGovern take an oath to support the U.S. Constitution? Does he consider himself bound by his oath?

Sure, you can responsibly disagree with portions of the Constitution. Ronald Reagan, for example, disagreed with the two-term limit for President. He thought the Twenty-second Amendment had been a mistake. But Reagan dutifully left office after two terms. Reagan would have supported an amendment to repeal the Twenty-second Amendment, but as long as it was in the Constitution, he felt bound to respect it.

In Congressman McGovern’s case, however, we see why liberals believe in a “living Constitution.” The living Constitution idea was characterized by Justice Scalia as a Magic Slate. You can write on it, get the interpretation you want, then lift up the plastic screen, and re-write your constitution, according to the passions of the moment.

Ken Blackwell

Ken Blackwell, a contributing editor at, is a senior fellow at the Family Research Council and the American Civil Rights Union and is on the board of the Becket Fund for Religious Liberty. He is the co-author of the bestseller The Blueprint: Obama’s Plan to Subvert the Constitution and Build an Imperial Presidency, on sale in bookstores everywhere..
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