That is the title of a short, biting paper by Michael Stokes Paulsen, Distinguished University Chair and Professor of Law, University of St. Thomas (Minnesota) School of Law. The full text of Paulsen’s nine-page paper is available here, at no charge. I will not repeat any of it because I could not do justice to Paulsen’s scholarly accounting of the current state of the Constitution, as it has been reshaped by the Supreme Court.
Instead, I offer my shorter, unschooled version of the Constitution as it now stands:
- Congress may pass any law about anything.
- The president and the independent regulatory agencies created by Congress may do just about anything they want to do because of (a) delegations of power by Congress and (b) sheer willfulness on the part of the president and the regulatory agencies.
- The Supreme Court may rewrite law at will, regardless of the written Constitution, especially for the purposes of (a) enabling Congress to obliterate social and economic liberty, and (b) disabling the ability of the defense and law-enforcement forces of the United States to defend the life, liberty, and property of Americans.
The Slippery Slope of Constitutional Revisionism
A New, New Constitution
The Real Constitution and Civil Disobedience
A Declaration of Independence
The Constitution: Original Meaning, Corruption, and Restoration
A Conversation with Uncle Sam
A Declaration of Civil Disobedience