Here we go again!
No, wait, this is quite different than Fr. John O'Malley's recent love fest. This is Fr. James V. Schall, S.J., a professor at Georgetown (just like Fr. O'Malley), a regular contributor to Ignatius Insight and author of several Ignatius Press books, in a piece for InsideCatholic on "the actual Constitution":
Reading over the great ideas of the new Supreme Court appointee and of those who appointed her, I have decided that the time has come to admit facts. A colleague of mine has long been telling me that the 1787 Constitution has nothing to do with what actually rules the country. No part of it still holds. Many judges and their apologists pride themselves on the fact that they are bound by foreign law, or by what is needed, or by what they would like to see. But they are not much restricted by anything so pedestrian as a written Constitution or a common law tradition that supports it.
This famous document today evidently binds nobody. Actually, nothing binds anyone; that is the new constitution. That is the "democracy" under which we now live. Nothing sounds less obvious than those "truths" that the Declaration held to be self-evident. We are not now sure if the unions, the executives, the stockholders, the banks, or the president run General Motors. We are not convinced that anyone who officially runs the country is bound by any document of positive constitutional law that was designed to insure ordered rule.
That's a great line: "Actually, nothing binds anyone; that is the new constitution." Vows mean nothing. Promises are empty. Laws are changeable, morality is malleable, and reality is moldable. It is part and parcel of what James Kalb describes as "totally administered freedom" which "in the name of autonomy, ... makes the state control everything" (The Tyranny of LIberalism, ISI, 2008).
For those who cannot get enough of Fr. Schall, here is another recent essay, on education.