According to 7th Circuit Judge Richard Posner in a post published to Slate, U.S. judges should stop studying the Constitution.
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.
“Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century,” he continued. “Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”
This isn’t the first time Posner has spoken of his desire that all other judges disregard the U.S. Constitution: “I’m not particularly interested in the 18th Century, nor am I particularly interested in the text of the Constitution. I don’t believe that any document drafted in the 18th century can guide our behavior today,” he said during a 2015 colloquium.
A case can be made that Posner has violated his oath of office as a Federal judge and should be impeached. It’s remarkable that the proponents of ignoring the dictates of the Constitution don’t even try to hide it anymore. What would he put in place of the Constitution? A supreme dictator? Totalitarianism? Fascism? The Constitution is the law that is supposed to rule those who rule over us. We see clearly now that they want to rule us without any rules for them. Do the people have any rights at all? What will secure the rights of the people? Judges like Posner?
His contempt for the founding fathers is hubris. Their insight was into the eternal and universal nature of human beings. They foresaw the sorts of conflicts that will always exist in politics and govenrment and they devised the best method of dealing with conflct and disagreement ever known. Posner is small compared to these giants. How dare he slander them with his ignorant nonsense.
Posner was appointed to the Federal 7th Circuit Court of Appeals by Ronald Reagan in 1981. The Gipper must be turning over in his grave, along with Washington, Jefferson, Adams, Madison, Hamilton, Franklin, and about 40 others who risked their lives, their fortunes and their sacred honor to found the greatest country on earth.