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Those Who Want to Destroy the Constitution

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Posted: Aug 24, 2022 12:01 AM

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.

On Friday, The New York Times published its latest op-ed calling for the end of the Constitution of the United States. The authors, Ryan Doerfler and Samuel Moyn, teach law at Harvard and Yale respectively. They argue that the Left’s progress has been stymied by constitutionalism itself. “The idea of constitutionalism,” they correctly write, “is that there needs to be some higher law that is more difficult to change than the rest of the legal order. Having a constitution is about setting more sacrosanct rules than the ones the legislature can pass day to day.” This, of course, orients the process of law toward the past: there are certain lines that simply cannot be crossed. And, as Doerfler and Moyn point out, “constitutionalism of any sort demands extraordinary consensus for meaningful progress.“And herein lies the problem for Doerfler and Moyn: constitutions “misdirect the present into a dispute over what people agreed on once upon a time, not on what the present and future demand for and from those who live now.” The solution, they say, lies in dispensing with the Constitution entirely; the proper solution to the Constitution is in “direct arguments about …

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