Dr. Paul Kengor is professor of political science at Grove City College
I’ve gotten some very interesting emails regarding President Obama’s mandate commanding Roman Catholics (and many evangelical Protestants) to violate their consciences by providing mandatory contraception, sterilization, and abortion-inducing pharmaceuticals. The emailers noted that Obama’s action will force Catholics to challenge the president in court, particularly given that bishops are saying they will not comply with the law. It could mean another constitutional showdown over “Obama-care,” one that could likewise end up in the Supreme Court. Imagine: “The Catholic Bishops v. Obama.”
What a fitting capstone to the Obama presidency. And imagine that a majority of professing Roman Catholics elected this man in November 2008.
If this issue goes to the high court, I wouldn’t bet my money on Obama, even with the two new “pro-choice,” pro-Roeliberals he added to the bench: Elena Kagan and Sonia Sotomayor. Even the most “progressive” Supreme Court justice cannot avoid that old freedom-of-religion thing in the First Amendment.
All of that is remarkable enough. But I find it especially ironic given two other fascinating current news item relating to the Constitution:
Last week, President Obama did an interview with NBC’s Matt Lauer. Obama expressed frustration at his inability to be the “transformational political figure” Americans elected. The “change agent” lamented that this was the fault of the American Founders—who Obama refers to as “men of property and wealth”—and their Constitution. Obama told Lauer:
What’s frustrated people is that I have not been able to force Congress to implement every aspect of what I said in 2008. Well, it turns out our Founders designed a system that makes it more difficult to bring about change that I would like sometimes. But what I have been able to do is move in the right direction. And what I’m going to keep on doing is plot away, very persistent.
Ah, that old Constitution again.
Obama is quite correct. His primary obstacle is the Founders’ system of separation of powers and checks and balances. His problem is a Congress and Supreme Court that is empowered to say, “No, Mr. President, that isn’t constitutional. You can’t do that in America.”
Well, Obama’s mandate to the Catholic Church could be the next such challenge, again impeding his self-perceived rise to transcendent political greatness. A Democrat-controlled Congress approved Obama-care, but the Supreme Court now must scrutinize its provisions. That’s the court’s duty.
That brings me to the second news item:
Supreme Court Justice Ruth Bader Ginsburg gave an interview to Egyptian television. Ginsburg will likely be the next justice to step down. Once Obama replaces her with a much younger pro-Roe judge, this nation will have Roe v. Wadefor another 39 years. In the interview, Ginsburg advised Middle East democrats on drafting a constitution. She did not, however, recommend the U.S. Constitution. Ginsburg stated:
I can’t speak about what the Egyptian experience should be, because I’m operating under a rather old constitution. The United States, in comparison to Egypt, is a very new nation; and yet we have the oldest written constitution still in force in the world…
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. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, and had an independent judiciary… It really is, I think, a great piece of work that was done. Much more recently than the U.S. Constitution, Canada has a Charter of Rights and Freedoms. It dates from 1982. You would almost certainly look at the European Convention on Human Rights. Yes, why not take advantage of what there is elsewhere in the world?
Actually, why not take advantage of what’s in the U.S. Constitution? The paradox in Ginsburg’s statement is her dismissal of the U.S. Constitution because it’s “rather old;” in fact, “the oldest written constitution still in force in the world.”
Well, why is it so old and still in force? Because it was done right. It is based on timeless values and virtues and universal rights that work; that are true. It has been amended less than 30 times in 220-some years. It is the most stable, successful, remarkable constitution in history, bringing together a vast array of peoples and assimilating them into history’s most prosperous, awe-inspiring nation—a nation that spent the 20th century winning freedom for other nations, so those nations could produce democracies and constitutions. The U.S. Constitution is the perfect model, at once both beautifully broad and specific.
And among the things it got right are separation of powers and checks in balances. Ruth Bader Ginsburg and President Obama may be learning that again very soon—compliments of Obama-care and its constitutional assault on the consciences of religious believers.
Dr. Paul Kengor is professor of political science at Grove City College, executive director of The Center for Vision & Values, and author of the newly released Dupes: How America’s Adversaries Have Manipulated Progressives for a Century. His other books include The Crusader: Ronald Reagan and the Fall of Communism and God and Ronald Reagan.





















































































































The Third Archon
Feb. 10, 2012 at 7:27pm“Well, why is it so old and still in force? Because it was done right”
Or, maybe because it’s so damn hard to change or replace (have you ever READ the requirements for amendment or constitutional convention? Ever wonder why a constitutional convention has never been called?)
“It is based on timeless values and virtues and universal rights…amended less than 30 times in 220-some years.”
Except when they didn’t, and had to be changed. Yes, let’s just ignore how radically our values have changed from when our constitution was written (and only white Christian males who owned land and were literate could vote) to today (where we entertain the radical notion that MAYBE all humans in possession of their natural capacities are valuable in and unto themselves and deserve equitable rights and treatment, ceteris paribus).
“It is the most stable, successful, remarkable constitution in history, bringing together a vast array of peoples and assimilating them”
Not always peacefully or with their consent
“into history’s most prosperous…Constitution is the perfect model, at once both beautifully broad and specific.”
Just because it was written first doesn’t mean it was the best–on the contrary, being the first made us the least informed on the process. Given that, we have done remarkably well, but that doesn’t change the fact that we could do a lot better NOW, if it were easier to change the things therein that are in the interest of the vast majority to change.
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The Third Archon
Feb. 10, 2012 at 7:16pm“Obama is quite correct. His primary obstacle is the Founders’ system of separation of powers and checks and balances. His problem is a Congress and Supreme Court that is empowered to say, “No, Mr. President, that isn’t constitutional. You can’t do that in America.”
Yup–even when they’re wrong, or when what’s “constitutional” is in the OPPOSITE interests of the public good, they are empowered to say that very thing. You are absolutely right. There’s no reason to presuppose that the constitution, made by fallible men, will always be an infallible guide to the public good.
Lincoln is often admired as a great U.S. President–he violated the constitution countless times. And he was largely justified in doing so. If the constitution authorizes, or mandates, second-class citizenship for someone on the basis of ethnicity, that’s wrong, doesn’t matter WHETHER the constitution SAYS IT ISN’T or not. The constitution is merely the reflection of OUR social contract–when the law doesn’t reflect legitimate public interests, it ceases to have the power of law; this is true, even of the Supreme Law of the land. WE matter–our constitution only matters inasmuch, and only so long, as it serves US.
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The Third Archon
Feb. 10, 2012 at 7:10pm“If this issue goes to the high court, I wouldn’t bet my money on Obama, even with the two new “pro-choice,” pro-Roeliberals he added to the bench: Elena Kagan and Sonia Sotomayor. Even the most “progressive” Supreme Court justice cannot avoid that old freedom-of-religion thing in the First Amendment.”
You mean that old “free Exercise” thing that in NO WAY WHATSOEVER confers a right upon employers to decline to pay THEIR CONTRACTUALLY OBLIGATED PORTION of their employees healthcare benefit SOLELY on the grounds that they find some things covered by the plan CHOSEN BY THEIR EMPLOYEE to be personally objectionable. Well that’s fine–DON’T USE THEM THEN.
But it’s not YOUR DECISION TO MAKE, as an employer, how YOUR EMPLOYEES will spend the benefits you are LEGALLY OBLIGATED TO GIVE THEM HAVING AGREED TO DO SO IN EXCHANGE FOR THE LABOR THEY PROVIDE. That’s a RIDICULOUS right to assert–employers DO NOT HAVE THE RIGHT to decide their employees morality for them, particularly when the things that they are worried there employees might do AREN’T EVEN ILLEGAL. It might be one thing, if there was a compelling reason to believe that the benefits given were likely going to be used for further illegal activities (which is why we have laws against paying illegal immigrants for their labor, and knowingly purchasing stolen property, etc.)–BUT THIS ISN’T AN EXAMPLE OF THAT. This is ONE GROUP trying to decide morality for another, and that’s both impossible, and W
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The Third Archon
Feb. 10, 2012 at 7:11pmThis is ONE GROUP trying to decide morality for another, and that’s both impossible, and WRONG.
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CulperGang
Feb. 10, 2012 at 6:43pmhave no sympathy for the RCC they lay in bed with the LEFT on the immigration issue supporting lawlessness of the immigrants and the government to PROTECT the rule of law. So for them to think the same government is not going to violate them when it suits them is sort of NAIVE. RCC you danced with snakes you got bit. READ THE BIBLE and you could have avoided this …violation of your conscience RCC!! Btw you also support NWO 1% elites……..more snakes………..
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cryinginthedesert
Feb. 10, 2012 at 5:40pmwhy isn’t Justice Ginsburg being tried for treason? She is sworn to uphold the constitution yet calls it out dated and not something she would use as a guide…..
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CulperGang
Feb. 10, 2012 at 6:38pmBecause a HUGE majority of the HILL is also in on the treason and have overthrown the CONSITUTION ALREADY!!!!! THEY knew all along about Obamas lack of legal birth cetificate and has NO right to be sworn into POTUS…..they were the ones that rewrote the law to null and void birth mandate of the Consitution….WAKE UP ….why don’t they, this that and the other does not apply because THE UNITED STATES CONSITUTION DOES NOT EXIST ON THE HILL……IT only exist in OUR hearts and mind………….YOU REALLY need to get up and fight for it if you want it to APPLY again for your progenys.
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