There are some distinct differences between those who believe the courts must consider the original intent of the text of the Constitution (Originalism) versus those who believe it is a living document and must evolve with the changes in the culture (Living Constitution).
President Biden is of the latter camp which manifested itself on Tuesday. Joe said there is “always a renewed national debate” surrounding presidential nominations to the Supreme Court, saying it is due to the fact that the U.S. Constitution is “always evolving slightly” on rights.
Biden met with Senate Judiciary Committee Chairman Dick Durbin, D-Ill., and committee ranking member Chuck Grassley, R-Iowa, to discuss the impending vacancy to the court after Justice Stephen Breyer retires.
Biden said he intends to make his decision on a nominee and share it with his “colleagues by the end of the month.”
“That’s my hope,” the president said. “And I’m looking forward to their advice on how to proceed and how the hearings will be conducted.”
In what some, including Professor Alan Dershowitz, believe is unconstitutional, President Biden has promised to only nominate a Black woman to the high court to fill Breyer’s seat. On Tuesday he said he wants “the advice of senators as well as the consent” as he determines who he will appoint, and so that they “can arrive on who the nominee should be.”
“You know, there’s always a renewed national debate, every time we nominate, any president, nominates a justice, because the Constitution is always evolving slightly in terms of additional rights, or curtailing rights,” Biden said. “And it’s always an issue.”
“And there are several schools of thought, in terms of judicial philosophy,” Biden added.
The president said he is looking for a candidate “with character” and a judicial philosophy that “suggests that there are unenumerated rights to the Constitution and all the amendments mean something, including the Ninth Amendment.”
The Ninth Amendment states that the “enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
According to the Annenberg Classroom, the Ninth Amendment is a “constitutional safety net intended to make clear that individuals have other fundamental rights, in addition to those listed in the First through Eighth Amendments.”
“Some of the framers had raised concerns that because it was impossible to list every fundamental right, it would be dangerous to list just some of them (for example, the right to free speech, the right to bear arms, and so forth), for fear of suggesting that the list was complete,” the Annenberg Classroom states.
This idea of a Living Constitution must be rejected by “We The People” as it opens Pandora’s Box to the whims and desires of the radical left whose plans to deconstruct our nation are fully in motion.
By electing conservative politicians, who nominate and confirm judges, we can ensure that equal justice, not social justice, continues to be the law of land.
Eric Thompson, host of the Eric Thompson Show.
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