Biden’s Constitutional Civil War: Do we have one or two U.S. Constitutions?

Recently Biden, in a meeting with members of the Senate Judiciary Committee, said, “The Constitution is always evolving slightly in terms of additional rights or curtailing rights.”

BIDEN: "The Constitution is always evolving slightly" pic.twitter.com/zOpiTL9sh5

— RNC Research (@RNCResearch) February 1, 2022

QUESTION: What exactly does this mean?

ANSWER: We are in a Constitutional civil war.

A Constitutional Civil War

America is currently in a Constitutional Civil War. There are two views of the U.S. Constitution:

1. The meaning of the Constitution is fixed and can only be changed by amending it. To amend the Constitution requires the Amendment to be approved by a 2/3rds majority of the House of Representatives and the U.S. Senate. Then the proposed Amendment is sent to the states where, again, 2/3rds of the states must ratify it. Therefore, the whole point of a written Constitution is that it doesn’t “evolve” except under the arduous procedures for amending it.
2. The meaning of the Constitution is malleable and open to broad interpretation. Because the times have changed we must interpret the Constitution with what some people believe, not what is actually says. Hence, Biden’s statement, “The Constitution is always evolving slightly in terms of additional rights or curtailing rights.” This view is held by progressives going back to President Woodrow Wilson have always hated the actual Constitution, as it limits their agenda.

This statement by Biden has set up a Constitutional Civil war.

The winner of this war will determine if we remain a Constitutional Republic or devolve into a democracy.

Constitutional scholar, senior fellow with the Claremont Institute and distinguished professor of government at Claremont McKenna College Charles Kesler said this about the Constitution Civil War:

“Underlying this cold civil war is the fact that increasingly America is torn between two Constitutions. Where it ends up then is some form of crisis, a crisis of the two Constitutions, a crisis towards which we are approaching if not yet hurtling, but which has no very good end available to us.”

We are currently in a Constitutional Civil War because Biden’s Build Back Better agenda isn’t moving forward and therefore Biden, his administration and the Democrat Party want to change how we think about our Constitution.

How Do We Solve this Constitutional Civil War?

Kesler outlined five possible ways to resolve this Constitutional civil war:

1. One is to change the subject.
2. Another is to change minds through persuasion, until one side wins.
3. A third is a “reinvigorated federalism” that allows blue states and red states to address issues differently and coexist with minimal interference from the U.S. government.
4. Secession.
5. The fifth and final possibility—war.

Kesler warned,

The living Constitution implies that the other Constitution is a dead Constitution, or at least is on life support, and that it must be transformed, it must be infused with new meaning, new ends and to some degree new means and institutions, to be kept alive in order to be a vital part of our politics.

Are we headed toward a war?

The Bottom Line

President Woodrow Wilson was one of the first to use the term “living Constitution” to suggest it changes with the times.

According to Kesler the “Constitutional civil war” erupted when conservatives fought back:

The conservatives who began an epic campaign against the inevitable emergency of the living Constitution had in common the desire, the duty to oppose the gradual disappearance of limited government from American political life. When it became clear in the ’50s and especially in the ’60s that the surrender was off, the cold civil war was on.

Christopher DeMuth, a distinguished fellow at Hudson Institute said:

The Trump administration has been a return to normalcy, at least [to] the situation before Obama or late Bush administration, and then some. Not only has the Trump administration withdrawn many of the Obama administration’s most brazen extrastatutory ventures such as the Clean Power Plan, but in two critical cases, President Obama’s Deferred Action for Childhood Arrivals decree and his expenditure of billions of dollars for Obamacare cost-sharing expenditures without any congressional appropriation whatsoever, in these two cases, he has withdrawn them and sent them back to Congress.

It it time, like it was in the 1960s to fight and stop this idea of a living constitution than “is always evolving slightly in terms of additional rights or curtailing rights.”

This idea of a living constitution is a myth. A very dangerous myth that can and will lead to a civil war.

Mark our words, it’s coming. It’s a war between we the people and them the government. Just like during the American revolution!

©Dr. Rich Swier. All rights reserved.

RELATED TWEET:

The Biden presidency is crashing and burning.https://t.co/yQ7Pf1ep61

— Sebastian Gorka DrG (@SebGorka) February 7, 2022

---