Once you as a judge become unmoored from the Constitution, the Bible, and any law, you enter into a brave, new world of plasticity that draws from the judge all his creative juices for treating human beings and society itself as malleable mush in your ever-loving and creative hands. Never mind that you're not called as a judge to do that to people and society; it's just way too tempting to play god.
As you read a little bit of the writings of the founders, that is what you see - fear of man and his ability to oppress, even if from the best of motives. They sought to hold down the power of the central government with the "chains of the Constitution." George Washington said it well in his Farewell Address.
"However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.
"Towards the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown."
Government Printing Office website, http://www.gpo.gov/fdsys/pkg/GPO-CDOC-106sdoc21/pdf/GPO-CDOC-106sdoc21.pdf, accessed on March 2, 2014.
You may have never thought about how unique the American founders were. In the history of man, revolutionaries have taken over governments or wrested portions of a nation from the central power, as we wrested from Great Britain the colonies that later became the states. However, normally the wresters of power have proclaimed themselves the saviors of the people and thereby gone about setting up a new dictatorship resting on better, as they say, foundations and motives. Interestingly, the founders did not take that tack. They said no one should be trusted with too much power, including themselves. This is the beauty of the U.S. Constitution, and what the power-seekers constantly try to undermine.
Therefore, we the people must "resist with care the spirit of innovation upon its principles, however specious the pretexts."
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