by James O.E. Norell, Contributing Editor
“I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012. I might look at the Constitution of South Africa … a fundamental instrument of government that embraced basic human rights …” -Supreme Court Justice Ruth Bader Ginsburg, Jan. 30, 2012.
That stunning disavowal—by an associate justice of the United States Supreme Court—of the Constitution she has sworn to uphold, drew widespread and instant condemnation from conservative pundits and legal scholars.
NRA-ILA Executive Director Chris W. Cox warned that Justice Ginsburg’s statements go to the core of why the coming presidential elections are important, and why they are “about the very survival of our Constitution.” He’s right on the money.
Especially in the mainstream media, Justice Ginsburg’s comments—made during an Egyptian television interview on Jan. 30, 2012—were generally treated in isolation or ignored. For most Americans it was just a sound bite. A fleeting controversy. A mere blip.
Given her animosity toward the Second Amendment, however, Justice Ginsburg’s words must be seen as a special warning of things to come.
Her comments may have seemed off-the-wall, but they reflect an ongoing movement among “progressive” legal activists to render the Constitution as we know it unrecognizable. Perhaps the best definition of this radical movement has been expressed by Harvard law professor Mark Tushnet:
“For 30 years, conservatives have hijacked the Constitution, and we’re taking it back.”
For the Second Amendment, understand that “taking back” the Constitution will certainly mean the end of the Right to Keep and Bear Arms as expressed in the Heller and McDonald Supreme Court decisions.
So the big story—intentionally ignored by the big media—is that Justice Ginsburg’s enthusiastic embrace of the South African Constitution is a long-range political movement to create a “progressive” constitution to ultimately supplant our founding documents.
The movement has a generic name—“democratic constitutionalism.” It came into serious focus with a 2005 American Constitution Society conference at Yale University Law School called “The Constitution in 2020.” That conference was then followed by a book of the same name, and yet another Yale conference in 2009.
Its purpose was described in a May 26, 2009, New York Times Magazine article: “… the organizers set out to gather together a group of scholars to define a progressive constitutional agenda for the coming century. … the democratic constitutionalists see courts and political movements as partners, influencing each other and society as a whole.”
Oh yes, and this will likely come as little surprise to you. This activist partnership to meld leftist political activism and the courts to dump or modify our founding documents in favor of a radical-left constitution is bankrolled by George Soros, the billionaire globalist gun-banner.
Among the initial participants of the 2005 gathering of progressive legal stars were two Soros operatives destined to be key Obama handlers in his presidential campaign, the transition and in the White House: John Podesta and Cass Sunstein. Podesta ran Obama’s transition team. An outsider/insider with unique access to the president, Podesta oversees perhaps the most successful of the organs of the multi-gazillion dollar Soros policy/influence machine—the Center for American Progress. It has been a font of left-wing ideas that the Obama White House has turned into policy.
And that brings us to Sunstein, who, predating Ginsburg’s comments, expressed an even giddier endorsement, calling the South African Constitution “the most admirable constitution in the history of the world.”
Sunstein, who was tagged as an “informal” Obama campaign advisor, is the White House regulation czar, director of the White House Office of Information and Regulatory Affairs—a powerful position in which he serves as a gatekeeper for all new federal regulatory changes. Sunstein, on leave as a Harvard law professor, is an incredibly prolific “progressive” far-left legal scholar espousing a host of ideas any reasonable person would just call “weird.”
He would ban all hunting. Sunstein has proposed giving animals—yes, cows, dogs, rats—standing to sue in court. He would afford them a quasi-constitutional personhood.
And he has proposed a kind of rationing of the Internet. He has demanded that websites be forced to include opposing views, because of “the growing power of consumers to ‘filter’ what it is that they see.”
He fears that Americans are too stupid to create the kind of “diversity” provided by the former gatekeepers of network TV. To Sunstein, individual citizens are incapable of being on their own in a sea of digital information. He fears that, “In the extreme case, people will be fully able to design their own communications universe. They will find it easy to exclude, in advance, topics and points of view that they wish to avoid.”
Sunstein is calling for government censorship to create diversity of thought. Imagine this man writing a new First Amendment to the U.S. Constitution; and it could happen.
Does the term oxymoron come to mind? But then, everything in the world these people inhabit is Alice-in-Wonderland—down the rabbit hole. Progressive operators like Sunstein, even with his seemingly wacky views, must never be underestimated.
Although there is no secret about the existence of the “Constitution in 2020” movement (anybody can find it on the Internet), the radicals who would deface the current Constitution plan to do so by stealth. Stealth will be in the details written way below the surface or created by alternative means such as administrative law or international treaties and agreements. The real threat will come “under the radar,” as President Barack Obama is wont to say.
A lead-off speaker during the follow-up 2009 Soros-funded “Constitution in 2020” conference reconvened at Yale University Law School, professor Aziz Huq of the University of Chicago Law School laid out the need for a deep political masquerade to accomplish real change.
“We’ll start with the problem of candor,” Huq said. “No constitutional movement ever got very far by admitting that it sought innovation in the founding document. Or by admitting that it was enabled by the particular social/historical or doctrinal circumstances of the change that it urged.
“Yet to be a credible movement for constitutional change—a credible social movement—that movement has to deny, in a sense, its ultimate goal.” (Emphasis added.)
And the deniable goal clearly is to supplant our rights, memorialized for Americans with our unique position as the freest people in the world, with a bizarre set of government-granted privileges masked as “rights”—a kind of leftist cultural affirmative action creating unprecedented social division: a constitutional caste system between the American people. It will be a reflection of President Obama’s now ubiquitous cultural war.
To use the progressive definition of the Constitution as a “living organism,” understand that these people see themselves in the same light as genetic engineers who are altering the DNA of our freedom into something entirely unrecognizable—something most Americans today would consider malignant.
If you were to suspect this is a key part of President Obama’s agenda for “fundamentally changing America,” you would likely be right. In fact, their “change” is a growth antithetical to the individual liberty protected and guaranteed by the U.S. Constitution as we know it.
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America's 1st Freedom
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