Thomas Sowell

The kind of judges that Barack Obama wants to appoint can still be siding with criminals or terrorists during the lifetime of your children and grandchildren.

The Constitution of the United States will not mean much if judges carry out Obama's vision of the Constitution as "a living document"-- that is, something that judges should feel free to change by "interpretation" to favor particular individuals, groups or causes.

We have already seen where that leads with the 2005 Kelo Supreme Court decision that allows local politicians to take people's homes or businesses and transfer that property to others. Almost invariably, these are the homes of working class people and small neighborhood businesses that are confiscated under the government's power of eminent domain. And almost invariably they are transferred to developers who will build shopping malls, hotels or other businesses that will bring in more tax revenue.

The Constitution protected private property, precisely in order to prevent such abuses of political power, leaving a small exception when property is taken for "public use," such as the government's building a reservoir or a highway.

But just by expanding "public use" to mean "public purpose"-- which can be anything-- the Supreme Court opened the floodgates.

That's not "a living Constitution." That's a dying Constitution-- and an Obama presidency can kill it off.


Thomas Sowell

Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.

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