We have drifted far from the Constitutional bedrock provided by the Framers for what they believed would be a a long lasting, stable and prosperous nation. Recently, Georgetown Law Center professor Louis Michael Seidman wrote a piece called, “Let’s Give Up on the Constitution.” His premise is that the Constitution was drafted by a bunch of ridiculous, slave owning, old white men, who had no idea what our society would look like.
Prof. Richard Epstein (Peter and Kirsten Bedford Senior Fellow at the Hoover Institution /Laurence A. Tisch Professor of Law, New York University Law School, and a senior lecturer at the University of Chicago) responds that Seidman has the causation precisely backwards. It is our failure to follow the Constitution and the sage advice of the Framers that has us in such a terrible state. He makes a cogent and powerful argument for a return to the intended Constitutional limitations on the power of Congress.