Federal Judiciary

Huckabee Explains

By Curt Levey

Fred Thompson and Quin rightfully criticize Mike Huckabee for saying the U.S. Constitution is ?a living, breathing document.? While it was certainly a poor choice of words, it?s only fair to point out that Huckabee was talking about the amendment process, not judge-made constitutional evolution. The Committee for Justice asked Governor Huckabee to clarify and he explained that

[Changing the Constitution] is something for the people to decide through the democratically-established process of Constitutional revision ? not unelected judges who are not accountable to the people.

That point is one opponents of judicial activism need to make more often. We are not against constitutional evolution; we just want it to be done the way the Founding Fathers intended. As I discussed in a 2005 National Review Online op-ed, the lack of any new substantive constitutional amendments for nearly four decades now is a testament to the seduction of judicial activism, not to any flaws in the legitimate method of constitutional evolution.

Huckabee's full statement to CFJ is below the fold.

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Full post as published by ConfirmThem on January 19, 2008 (boomark / email).