“…According to Levinson, the Constitution is “undemocratic,” a remarkable comment from a supposed law professor. Article 4, Section 4 of the Constitution guarantees to every state a republican form of government, not a democratic one. In a republic, people enjoy natural rights, while in a democracy they are limited to “civil rights” granted by the government. In other words, under Levinson’s democracy, the Bill of Rights is meaningless, as it protects minority rights. In a democracy, 51% of the people can vote to rob the remainder of their money, property, even their lives…”
Neocon Academics: Constitution is a “Suicide Pact”
By Kurt Nimmo
As posted at Another Day in the Empire
It should come as no surprise Sanford Levinson, professor at the University of Texas School of Law, mistrusts the Constitution and the Bill of Rights, as he has little idea of what the document stands for. It is not surprising, as Levinson hobnobs with the Federalist Society, the “conservative” legal association funded lavishly by the CIA asset Richard Mellon Scaife. As well, the Federalist Society received seed funding from Irving Kristol, the grand daddy of the neocon cabal, and his son, Bill Kristol, the neocon voice of Fox News, is connected at the hip to the Federalist Society.
According to Levinson, the Constitution is “undemocratic,” a remarkable comment from a supposed law professor. Article 4, Section 4 of the Constitution guarantees to every state a republican form of government, not a democratic one. In a republic, people enjoy natural rights, while in a democracy they are limited to “civil rights” granted by the government. In other words, under Levinson’s democracy, the Bill of Rights is meaningless, as it protects minority rights. In a democracy, 51% of the people can vote to rob the remainder of their money, property, even their lives.
7th U.S. Circuit Court of Appeals Judge Richard Posner, also closely related to the Federalist Society, believes the Constitution was never meant to be a “suicide pact” during a time of “national emergency,” that is to say five years after nine eleven, an unsolved crime blamed on Muslims, minus any convincing evidence. Posner argues “that in a terrorism-induced choice between individual freedoms and collective security, the Constitution was never intended to side with the first at the expense of the second,” explains CBS legal analyst Andrew Cohen. “Judge Posner is ready to make malleable the protections contained in the Constitution; he’s ready to have bedrock individual rights and protections ebb and flow along a sliding scale depending upon the scope of the crisis,” a reaction that would likely raise the hair on the back of Thomas Jefferson’s neck, if he was around to witness the destruction of the Constitution and the Bill of Rights.
“Yale Law School guru Bruce Ackerman,” writes Cohen, “also doesn’t want to be ‘blindly devoted’ to the document we all are taught in public school to be blindly devoted to.” Ackerman envisions an “emergency” Constitution, or rather a series of provisions tacked on to the existing Constitution, “that will help guide us when the next terrorism attack surely comes.” According to Ackerman, we need a new law “that allows for effective short-term measures that will do everything plausible to stop a second strike—but which firmly draws the line against permanent restrictions.” It would seem Ackerman had his nose buried so long in a law book that he never had a chance to read a history book. Natural rights taken in the name of expediency are never restored, but rather need to be wrested back through revolution and violence.
In effect, Richard Posner, as a judge, is legally a traitor, as he swore to uphold and protect the Constitution of the United States. Levinson and Ackerman, on the other hand, are simply quislings, no different than the autocratic and fascistic neocons who loathe the Constitution, as it stands opposed to their Machiavellian plan, mixed with a heaping dose of the authoritarian theories of the Nazi “crown” jurist Carl Schmitt, who denied free will and natural rights.
It should be obvious by now that the neocons and their allies are using the engineered threat of terrorism to undermine our liberties and reduce America to a dictatorship. Bush’s so-called Military Commissions Act is a huge leap in that direction, as it guts the underlying premise of the Constitution, namely that citizens of a republic are entitled to habeas corpus.
Expect more authoritarian salvos directed against the Constitution—indeed, against the bedrock premise of natural rights—in the weeks and months ahead, especially after the Republicans steal the midterm elections. Of course, even if they are unable to do this, and the Democrats regain control of the House and the Senate, nothing will change, as the Democrats are as dedicated to destroying the Constitution and carrying on the bogus war against manufactured terrorism.