At the post, DISAPPOINTING Judge Napolitano Blasts DOJ Decision Defending Whitaker Appointment, a commenter writes:
I am certainly not an advocate for the Constitution but maybe the Judge wants to follow it at all times rather than flip-flopping to the advantage of freedom. This gives the other side an excuse to do the same against freedom.Let's face it, the US Constitution is a pretty bad document. It is poorly written with much ambiguity so that all kinds of interpretations can be made from various clauses that are not clearly expressed.
At its foundation, it is a document about how government should rule us rather than an anti-state document. And in a very important way, it is a document that has, as part of its DNA, a driver for an almost always expanding government. The Bill of Rights may have put some speed bumps in the road to the expansion but it hasn't stopped the process.
You ask me for proof of this perspective on the Constitution. I simply say, just look at modern day America. The land where the people hold the Constitution as part of the American core and which has been the guiding document since the inception of the nation.
We have fiat money, massive taxes, limitations on gun ownership, so many regulations that it is argued that every individual commits on average three felonies a day, and standing armies that roam the world. And it is getting worse by the day.
As such, the libertarian should never use the Constitution as a guiding light. It has provided us, for a while, with limited freedoms at best. But there is no reason to genuflect in front of it. Liberty should be our guiding light.
The Constitution is a slowly tightening vice on liberty.
There is no reason to "protect" the Constitution by using it as a method to limit freedom or individuals who are attempting to advance freedom.
Napolitano's use of the Constitution, in the Matthew Whitaker situation, falls into the genuflection category above advancing freedom.
Of course, it can be used as a weapon against the state when that is possible.
But it should, only, be considered a tool that should be used only when it benefits liberty. Just the way a hammer is a wonderful tool to pound nails into wood but it is not recommended that hammers be used to bang ourselves in the head.
Only use the Constitution, when applicable, like a hammer but never treat it like a sacred chalice.
Robert Wenzel is Editor & Publisher of