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Tom G Stark @TomStark913
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For nearly a century the concept of this living breathing document, applied mostly to the Constitution of the United States, has managed to linger... An utter fallacy! 💥🇺🇸 a thread 🇺🇸
There has been a vast array of documents throughout human history, meeting a verity of instrumental needs in civilized society.
Your mortgage is a document. What if it lived and breathed? Perhaps your balance and rate could substantially grow? Right?
What about your insurance binder? If those documents lived and breathed, your coverage and benefits could change before filing a claim,
‘I'm sorry, but your policy has EVOLVED’. 😉
These document examples are also contracts, just as the United States Constitution is a contract.

With contracts it is essential that the nature is fixed.
The point is to insure all parties are aware of all foreseeable details,
a path forward is outlined,
means of resolving differences are set at the time of entering into a contact, agreement, compact or whatever the given name for the binding legal instrument.
Absent such instruments at one’s disposal, civil order would be impossible.
For successful and sustainable interaction in a civilized society, STRUCTURE , ORDER and PREDICTABILITY are of paramount necessity.
Cannot emphasize enough...

The idea of a living contract undermines the whole system!
If a contract provides order and framing, by its very nature MUST be fixed. Otherwise, why have contracts at all? Just make it up as you go.
This works just as randomly as if the set structure changes arbitrarily with passage of time.
Absent fixed structure to provide order, there can only be chaos and eventual tyranny from the more powerful elements within society.
Buckle up... We're going to look point by point and run down of the entire Constitution as originally set forth, for proposes of quick review and to definitively lay waste the notion of a “living document” once and for all!
Article 1 Section 1, a bicameral legislature, is established to meet the legislative needs for the new government.
Separating powers from the beginning, the most important theme, in an attempt to curb man’s greatest weakness, an eternal truth, POWER CORRUPTS .

This was observed long before Lord Acton’s famous quote.
The farmers knew that Lucius Cincinnatus and George Washington’s great character are the exception and NOT the rule... Truly great and extremely unique men these were. We are blessed to have had George Washington's integrity when we did!
How can the structure of existence for congress or eternal truth evolve? The physical body of the congress changes with time on the prescribed structure set forth in our Constitution.
Section two and three detail for the House and Senate, qualifications to serve and maps out the physical make up.

A toddler understands such rules cannot change on to themselves.
Section four gives control of the elections to the states respectively, this was demanded by the states, otherwise most would refuse to ratify.

Clearly, any change here would constitute breach of contract.
Section 5 outlines means of arbitration, discipline, record keeping and section 6 details compensation. Obviously, uniformity in conflict resolution, discipline, compensation and recordkeeping is instrumental in maintaining order and securing liberty for the individual.
Section 7, requires all revenue bills to originate in the house, the Senate then can add amendments detailing the back and forth procedure to pass tax leveling legislation.
This separation safe guard is a needed check on central power. ☝️To mandate coercion of payments is a great power that cannot be left to one man or faction.
Section 8 provides for an income source, the power to tax. Also details some responsibilities, most noteworthy is national defense and section 9 restricts the taxing power in various applications and section 10 gives federal law supremacy.
This is a road map, the manner to proceed that best protects the liberty of the people.
Article one is by far the longest because historically legislative bodies of governments have been the most powerful and required the most separation and delegation of power.
Article 2, Section 1: establishes a single executive, the Electoral College, office qualifications, compensation and oath requirement to defend and uphold the Constitution, continuing the theme of all structure.
Section 2 establishes the president as Commander and Chief of armed forces, treaties clause splitting that power between the executive and mostly the senate with other delegations as well.
Section 3 establishes the State of the Union address to Congress, giving the executive some power to convene Congress and can suggest some initiatives.
Section 4 provides the way to remove elected officials. More delegated powers and procedure, all requiring stability in fixed order to grow and maintain a nation upon.
Article 3, section 1: establishes the Supreme Court and gives Congress the power to create additional jurisdictions. More structure to build on.
Section 2 details matters to be addressed by the court. A blaring absence is constitutional review, it’s just not there, some argue it’s implied. Hey... I’m #justSaying
Section 3 defines treason.
Well over half way through the body of the constitution and it has been all structure and procedure to grow and advance forward.
Like a roadmap, what if a roadmap lived and evolved? Navigation would be very difficult at best, more likely impossible.
Article 4, section 1: providing for federalism, grants state rights to perform public acts, keep records, set up lower courts for local adjudication and so forth.
Section 2 establishes equal citizenship among all the states, to include all future states, a revolutionary concept.
Section 3 details how states shall enter the Union. Section 4 guarantees republican governments in the several states and promises for defense and so forth, as the states are limited in their ability to do so. The Constitution delegated national defense to the federal government.
An evolution beyond this framework cannot insure the safe guards presently herein; by the very definition of evolution.

Structure cannot safely change at random but be purposely changed within the appropriate prescribed manner.
Article 5, in today’s political landscape, is the most crucial and prophetic instrument in the entire Constitution! This provides means for amending the Constitution.
The framers, in their wisdom, understood adjustments will need to be made in the development of the country.
Unforeseen issues inevitably arise and *a specific issue* remained unsettled, as the country establishes and matures changes will be necessary.
This was perfectly understood and accounted for.
The process is intentionally difficult but the need to evolve the document to accommodate future circumstances has been provided for.
This provision allows for the states to convene and amend the Constitution independent of the congress all together. The reason for that measure is for a constitutionally enshrined mechanism to address a corrupt congress and or Federal government that will not check itself.
We suffer from the later IMO.

Thank you George Mason!
Article 6 assumes all the former debts onto the new government, declares the Constitution and its furtherance hence forth the law of the land and all government officials are to swear an oath to uphold this constitution and requirements of ratification are detailed in article 7.
With exception to the sworn oath requirements, this provision sets forth actions to execute upon ratification.
In 1788 the Constitution was indeed ratified per article 7 and took effect March 4th 1789. The debt has been assumed and the Constitution is the law per article 6. How long ago executed actions can live and breathe defies all logic.
A very basic overview of the constitutional body, article by section, it is plain to see every provision is structural and or procedural, with specific delegation of power for the specific intent of preventing a consolidated all powerful central Leviathan and faction rule.
A representative republic was created with means of preservation in the Constitution of the United States.

If the Constitution was to “evolve” on its own, it could cease to preserve our republic.

That is a main desideratum of our Constitution; the preservation of our republic.
Another is of the greatest, most noble and unique purposes in establishing a nation ever devised by man;

to protect and preserve the God given unalienable natural rights of the individual.
The founders were truly a special group, achieving greatness while making world history.
Perhaps you’re wondering where all the liberty and natural rights come in, after all, we covered every article in the constitution, we found structure, order and delegation of powers...
This is good for the establishment of the country and provides the necessary fixed order foundation to build upon, but the peoples protections remain implied within the representative government and federalist system. 🤔
This did not go unnoticed by many of the framers.
Amendments were insisted upon by the several states during ratification and after some back and forth, we had ten amendments per article 5.
These ten amendments, known as the Bill of Rights, are all intended to secure the Liberty of the people.
The 1st Amendment; protects free speech, freedom of the press, freedom of association, the right to assemble and petition the government for grievances, how are those protections to change?

Liberty is eternal, same thousands years from now as it was thousands years ago.
The 2nd Amendment; the people’s right to keep and bear arms shall not be infringed; this amendment goes to the very heart of Liberty!
If you cannot defend your life you cannot defend your liberty, such clear and present truth cannot be denied.

The 3rd Amendment is likely the least noticed in the modern era but things can change quickly. This amendment does not allow the forced lodging of soldiers in your home and prescribes there must be laws in war time to permit such activity.

I HATE unwelcome houseguests👍
It stands to reason any evolution here could result in the potential forced lodging of military personal in your home, a difficult proposition for most.

Only a fixed nature can safeguard the people from such Federal domination and intrusion.
The 4th amendment private property rights, to be secure in your belongings in your home, absolutely essential to individual liberty and our unalienable natural rights.
The 5th amendment provides due process, private property protections and you cannot be compelled to incriminate yourself, elemental in maintaining individual liberty.
The 6th amendment gives you the right to a speedy trial.

You cannot be detained for months without trial or unjustly be deprived of property, both antithetical to the natural rights of the people.
The 7th amendment provides jury trial for civil matters and no double jeopardy protection, the 8th amendment provides the right for bail and limits no cruel and unusual punishments, obvious instruments of liberty that complement the preceding three amendments very well.
The 9th Amendment; the most important of all the amendments, insisted on by James Madison, whom initially opposed the insertion of the “bill of rights” altogether, asserting rights are implied to the people though the representative government established constitutionally.
Arguing enumerated rights may become viewed as complete, exhaustive list, presently unthought-of natural rights will arise at a future date. Therefore the ninth amendment addresses that vary concern directly.

Enumeration shall not be construed to deny or disparage.
The Tenth Amendment, very straightforward, if a power is not enumerated to the federal government in the constitution it belongs to the states or the people.
The constitution seeks to enshrine limits on the federal government and remove as many limits on the people, allowing liberty to flourish.
The Bill of Rights has to do, specifically, with the personal Liberty of individuals. Liberty doesn’t evolve, liberty is the same during any age, time or society, liberty is eternal.
Much of mans history on this Earth reflects the denial of natural rights to the majority of people by a minority, that fact makes liberty precious and precarious, requiring protections and safeguards in order to secure it for the people in perpetuity.
Clearly, framework intended to protect and preserve anything in particular cannot be changed!

This should be as self evident as the right to life, liberty and pursuit of happiness.
The Darwinian world view, always changing and evolving, I do not deny things change, such as the way we live, how we live, how we interact, how we move around and such...
Present day, life is very different from 1900, is very different from 1600 and different from 4000 BC.

☝️However, the Darwinian theory is not absolute in its application by any means.
There are similarities throughout human existence man-made shelter; walls, ceiling and a footing Foundation. These have been incorporated in our structures by necessity for thousands of years; materials, methods, technology change with time, the essence of a shelter does not.
The wheel; material, applications, technologies, all have evolved tremendously. From it’s inception; it’s round and can roll, capturing the very essence of what a wheel is, more fixed nature.
Woodrow Wilson, the first president openly hostile to the founding principles of his own country, had this analogy to back up the living document theory.

He said “a living being with all of its organs offset against each other, cannot live.”
Of course the fatal flaw is obvious; life with harmonious organs will die as well. Following the thought process all the way though to the end, rather than stopping where conveniently helpful to the hypothesis, is more indicative to reality in this instance.
The ‘living breathing document’ theory sold to the people is truly an attack on the separation of powers for obvious reasons.

The partitions were put into place to prevent individuals or factions from massing too much centralized power in the federal government.
The framers understood that centralized power would ultimately lead to despotism and tyranny.
Yet another eternal truth that has been realized over thousands of years of human history, an undeniable fact.
From the birth of our nation there have been those that seek to destroy it.
The progressive movement has been very successful in their deconstruction of our constitutional system, volumes can be written on this bipartisan attack.
The backwards idea of a living document, packaged and sold to the American people, is nothing more than a ploy to breach the partitions of the constitution and they have done so with resounding success, hence the current Leviathan found in Washington D.C.
☝️The progressive leaders, devious deceivers they are, managed to frame their efforts in a ‘common sense’ manner, despite the fact they are very damaging and grossly misrepresents truth in efforts to power grab, centralizing precisely in the manner meant to be prevented.
Manipulated masses might be tricked into thinking the Constitution is outdated, when really the powers permeating the falsehood want to work around the separations of powers and any other obstacle to power.
The 17th amendment is an example of great damage done by the progressives. It was said, the people should directly vote for Senators, one man one vote, democracy now, sounds good on the thin surface, the peoples vote, our voice will be heard. Vacancies and corruption oh my.
At the time of framing, the concept was discussed and rejected. The 17th amendment was ratified in 1913 and a hundred years later we wonder how federalism is mostly dead and special interest have taken over senate influence. 😧 the republic is dead sadly.
All was foreseen and sought to be avoided, until the progressives got at the levers of power and have been chipping away at the Constitution for over a century.
The Constitution is a fixed document.

It is a contract transferring the just power to govern from the sovereign people consenting it upon the federal and state governments of these United States.
Its very purpose cannot allow evolving change; structure and procedure is at the core of the Constitution. It provides order moving forward.
Without order, there is chaos, this is ancient wisdom known and proven over thousands of years of human history.
Unchecked power is the greatest threat to liberty and freedom.
The living document theory is just a ruse to trick the people into endorsing the destruction of the safeguards to prevent the accumulation of power and inevitable demise liberty and installation of tyranny.
My three favorite Lord Acton Quotes:
*Learn as much by writing as by reading.

*Liberty is not a means to a higher political end. It is itself the highest political end.

*Power tends to corrupt, and absolute power corrupts absolutely.

Wise words.
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