A New Oxymoron: Constitutional Progressives
"Constitutional Progressive" is a term being promoted by the Constitutional Accountability Center, a left-wing group dedicated to proving that the Constitution stands for all sorts of things that aren't in the text. (The Center's website proclaims: Senator John Kerry Stands with Constitutional Progressives – Will You? Now that's the start of something big.)
In advance of Constitution Day (tomorrow!), the Progressives are asking people to sign something called "The Whole Constitution Pledge." Emphasis in the original -- get it, the whole thing. This is in contrast to the evil tea partiers who, according to the Progressives: "have advocated repeal of Amendments, including the 14th Amendment, the 16th Amendment, and the 17th Amendment."
The bit about the 14th amendment appears (from the accompanying video) to refer to conservative opposition to birthright citizenship for illegal aliens. The conservative point is not to repeal the 14th amendment, or even part of it; the point is that the original meaning of the citizenship clause did not include children of illegal aliens (or children of diplomats, or others who are not "subject to the jurisdiction" of the US).
As for the 16th and 17th -- well, guilty as charged. But so what? Various conservatives advocate repealing those amendments by enacting further amendments. There's nothing unconstitutional about using the Article V amendment process. Constitutional Progressives appear to be a reactionary -- and hopelessly confused bunch. Although they embrace Living Constitution jurisprudence (the website advocates Obamacare, and the new gay marriage right), they also believe that any change to the text of the Constitution is somehow unpatriotic.
So this is how liberals are trying to "take the Constitution back" from the Tea Party. Does anybody think they'll get any traction?
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Re: A New Oxymoron: Constitutional Progressives
Not in this environment. Like AttackWatch, this is a sign of desperation.
May '10
Re: A New Oxymoron: Constitutional Progressives
Do they need traction, as long as Justice Breyer is on the job? The preserved words of the text are pretty meaningless if it means whatever you choose it to say this week.
Re: A New Oxymoron: Constitutional Progressives
Immutable words and Protean meaning. Where have I seen this before? Ah, yes:
Edited on Sep 16, 2011 at 3:44pmRe: A New Oxymoron: Constitutional Progressives
George Savage: Immutable words and Protean meaning. Where have I seen this before? Ah, yes:
Edited on Sep 16 at 03:44 pm
Sep 16 at 3:44pm
Very nice, indeed.
Oct '10
Re: A New Oxymoron: Constitutional Progressives
Agreed and a shallow one at best. A very flawed approach.
May '11
Re: A New Oxymoron: Constitutional Progressives
Once again we see the left try to change the meaning of something by giving it a fancy name.
"The Whole Constitution Pledge"?? Would that they really would follow the whole Constitution including the supporting documentation that was provided at the time like the Federalist Papers and letters between the framers.
Jan '11
Re: A New Oxymoron: Constitutional Progressives
Re: the 14th Amendment -- it occupies a central place in the doctrine of "substantive due process," which originalists loathe. The stereotypical progressive sees substantive due process as the loophole which allows them to impose or deny whatever "rights" they think are currently fashionable. That such rights were not mentioned in the Constitution is considered a mere oversight, but of course, those same "rights" can't be reviewed by the political process because actual voters might not want them.
I'm happy to salute the whole Constitution. It's the albatross of liberal misinterpretation and mischief that I'd like tossed into the ocean.
Dec '10
Re: A New Oxymoron: Constitutional Progressives
It seems this silly notion is corrected by transposing a good ol saying. "We want the Constitution, the whole Constitution, and nothing but the Constitution."
When it comes to these post-modern progressive, I wouldn't mind a dose of the Truth every once in a while either.
Jul '10
Re: A New Oxymoron: Constitutional Progressives
I think this is the question. Justice Breyer aside, I'd bet they're just trying to confuse people by muddying the water.
They aren't Constitutionalists. We're the ones who revere the Constitution.
Re: A New Oxymoron: Constitutional Progressives
I don't know, the 10th amendment seems pretty unambiguous to me. What is this group's response to the 10th amendment?
Re: A New Oxymoron: Constitutional Progressives
Ethan, well you know how tall buildings have a 13th floor, but they don't actually, technically, have a 13th floor--some kind of triskaidekaphobia? It's sort of like that with the 10th Amendment and the Left.
Mar '11
Re: A New Oxymoron: Constitutional Progressives
As an example of Liberalspeak, 'Whole Constitution' is unusual in its clarity. Obviously the Constitution is not whole if it does not include all of the penumbras and emanations. The Constitutional Accountability Center is upholding liberal values. 'Values' meaning a facility for rationalizing whatever feels good at the moment.
Jul '10
Re: A New Oxymoron: Constitutional Progressives
Yeah, it reminds me of "Whole Language" which translates roughly from the liberal as: your kids won't learn to read.
Jul '10
Re: A New Oxymoron: Constitutional Progressives
George Savage
Ethan, well you know how tall buildings have a 13th floor, but they don't actually, technically, have a 13th floor--some kind of triskaidekaphobia? It's sort of like that with the 10th Amendment and the Left. · Sep 16 at 5:11pm
That includes dosaphobia too.
Sep '10
Re: A New Oxymoron: Constitutional Progressives
I think they mean Hole Constitution.
Re: A New Oxymoron: Constitutional Progressives
George Savage
Ethan, well you know how tall buildings have a 13th floor, but they don't actually, technically, have a 13th floor--some kind of triskaidekaphobia? It's sort of like that with the 10th Amendment and the Left. · Sep 16 at 5:11pm
Please hold while I Google "triskaidekaphobia."
Oh. Right.
Carry on.
May '10
Re: A New Oxymoron: Constitutional Progressives
I see your practical point but, from a legal perspective, I think they do. The Left has been intellectually bankrupt within legal theory for more than a decade now. Breyer, Ginsburg, Kagan, and Sotomayor, may be able to hold the liberal line for now but unless there is greater intellectual substance on the Left, the next generation of genuine intellectual legal theorists will belong to conservatives--thanks to various institutions and ideas like the Federalist Society and Law & Economics.
This idea is, prima facie, ridiculous but there has been more ridiculous claims made by the Left that have lasted a long time. And never underestimate the intellectual snobbery the Left will employ by telling us what a document means especially when they have either never read or cared for that document.