How firmly stands an elastic house?

The man gushed joyously as he spoke of the wonders of modern architecture, it's purposeful design, ingenious versatility and open functionality.

"Take these doors for example," he said with a flourish of his hand, "They tell us that the architect designed the building to be an open structure, available for people to enter and exit. The doors allow us the freedom to enter and leave but also bring in items and take items out. Such foresight makes the building more functional as we can then include those things we deem necessary as we use the building."

With that he lifted a chain saw laying near him, and revved it up. With a quick turn, to smile at us, he proceeded to cut a large hole in the wall of the building. As the wall material fell away, he stepped aside, then walked through the hole. Once inside he beamed back out at us, shut the chainsaw down and stood, looking proudly at the damage he'd done.

Finally another watching him asked, "What point are you trying to make ruining the wall?"

"Ruining the wall, I simply utilized the architectural concept of entry to enter the building."

"But the door's right over there. Why cut a hold in the wall?"

"I didn't want to walk to the door, so I made my own 'door' following the buildings open entry design."

"What?!?" we all asked totally baffled at his explanation.

"If the architects designed the building with a doorway, then they intended for the building to be open to entry from the outside. Cutting my own entry simply makes that process easier."

"But it also makes a mess, not to mention an insecure opening. The building isn't safe now. Anyone can walk through there."

As he spoke another man cut yet another hole in the building and walked through. He placed something inside the building approached another wall, and cut an exit.

Our speaker turned to us with glee.

"See, it's an open design, made to be adapted to the need of the time."

He was still smiling as we heard the building creak, and the smile only left his face once he noticed the wall shifting. A split second before the building collapsed on him we saw a momentary glimpse of realization. Then there was nothing but rubble.

Our Constitution was designed with Amendments, originally an effort to assure several states that the new Federal government would not attempt to wrest too much power. The US Constitution was intended as chains, so to speak, on the Federal government to limit it's power. Originally that was the limit of its "jurisdiction"—the Federal government. But it allowed for Amendments.

I was raised being taught that the US Constitution is an "elastic document" which was not very clearly explained then. Now I understand that as a rationalization for bypassing the Amendment process and allowing the courts to redefine the meaning of the Constitution to something the Founders never intended. The idea that the Constitution allowed Amendments was used as a rationalization for further changing the Constitution by other means—judicial fiat. The equivalent of ripping a hole in the wall with a chainsaw because the door is either too far away, or too difficult to open. With similar consequences.

Posted by Danny Carlton at April 10, 2008 8:04 AM