Video: Huckabee says the Constitution is a “living, breathing document” Update: Huck’s website disagrees
posted at 1:29 pm on January 18, 2008 by Bryan
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The comment came during an interview with CNN this morning.
I’m not going to rant about this. I will point out that Huckabee’s position doesn’t square up well with the Constitution’s amendment process — a process laid out precisely because it ought to be difficult to change the Constitution, but change is sometimes necessary, and it’s necessary because the Constitution isn’t a living, breathing document. If it were, as the proponents of that understanding tend to believe, you can find meanings in the penumbras of what’s actually written, meanings that might in fact be at odds with the plain understanding of the words themselves, without having to amend the document to find the new meaning therein. And I will also point out that the “living, breathing document” argument regarding the Constitution comes not from conservative or constructionist thinking, but from the left.
Make of all that what you will. Huckabee’s “living, breathing” statement hits at just under 4 minutes in.
Update: Well, I might rant about this. Slublog emails to note that Gov. Huckabee doesn’t agree with his own campaign web site, which says:
I firmly believe that the Constitution must be interpreted according to its original meaning, and flatly reject the notion of a “living Constitution.”
It goes on from there to detail what the “living Constitution” means and why he rejects it.
So will his excuse be that he didn’t write that part of his own web site, or that he didn’t read it?
Update: Fred Thompson agrees with Huckabee’s website, not Huckabee’s interview.
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Having worked on I.T. projects for many years, one of the phrases I’ve come to hate the most is [this requirements document] is a “living breathing document”.
That’s a code phrase for “I don’t know what the Hell I want, so I reserve the right to change my mind on the fly.”
Dave Shay on January 18, 2008 at 1:32 PM
Toast
omnipotent on January 18, 2008 at 1:32 PM
Hillary’s VP.
regal on January 18, 2008 at 1:32 PM
First post!! :D
Seriously tho, why is this guy running as a GOP candidate?
PolitiNOOB on January 18, 2008 at 1:33 PM
And if he get’s a hold of it, it will be on life support.
moonsbreath on January 18, 2008 at 1:33 PM
oop, too slow. :blush:
PolitiNOOB on January 18, 2008 at 1:34 PM
you are the most liberal candidate
goodbye
Defector01 on January 18, 2008 at 1:35 PM
Wonderful. now he shares the ACLU’s concept of the constitution.
GogglesPisano on January 18, 2008 at 1:35 PM
Since some peoples’ support of HUCKASCMUCK ™ rests almost soley on the notion that he would appoint conservative-type judges to the Supreme Court-in spite of all his other non-conservative disqualifiers-such folk need to see that their one supposedly defensible position has just been blown out of the water by that statement.
Frozen Tex on January 18, 2008 at 1:36 PM
He’ll fry it in a popcorn popper.
aero on January 18, 2008 at 1:36 PM
sorry, that’s HUCKASCHMUCK ™.
Frozen Tex on January 18, 2008 at 1:37 PM
Seventh!
This guy is an utter imbecile, isn’t he? He doesn’t really know what he’s talking about, does he?
SECOND LOOK AT TOM CRUISE FOR PRESIDENT!
snickelfritz on January 18, 2008 at 1:37 PM
When I look at Huck, I don’t see a Governor and I don’t see a Baptist preacher.
I see an ex-DJ.
See if that explains of his words and appearances for you too.
rockbend on January 18, 2008 at 1:37 PM
I asked this elsewhere, but I really want to know what people think. Why wasn’t Huckabee’s squirrel in the popcorn popper story his Dean moment? Seriously, why wasn’t it? That’s just the kind of thing to kill a candidacy instantaneously.
aero on January 18, 2008 at 1:38 PM
I swear, if mullahbee gets the nomination, I’m going postal on the Republican party.
ChrisM on January 18, 2008 at 1:38 PM
Stick a fork in him, he’s done. What a ding-a-ling.
He’s stuck his foot in his mouth so many times he has athlete’s-tongue.
Dr. Gecko on January 18, 2008 at 1:38 PM
Huck was for federalism before he was against it.
amkun on January 18, 2008 at 1:39 PM
I guess his supporters won’t realize that this ‘living breathing document’ stuff is what gave us Roe Vs. Wade…
snickelfritz on January 18, 2008 at 1:40 PM
Huck has a great speaking ability, or so I keep hearing. Too bad his personality gets in the way.
amkun on January 18, 2008 at 1:40 PM
It’s okay. I’m sure he’ll sign a “Dead Constitution” pledge in the next couple of days.
Slublog on January 18, 2008 at 1:40 PM
That’s the thing–he’s NOT done. He’s been “hucking up” at least once a day for ages now, and he’s holding rock-steady in the polls. What gives?!
aero on January 18, 2008 at 1:40 PM
Lord. If this isn’t the final nail in this guy’s coffin, he is the immortal one. How could any Conservative cast a vote for him?
BacaDog on January 18, 2008 at 1:42 PM
AHHHHHHH!H!HH!H!!!! Are you serious? Who is this guy?
Vizzini on January 18, 2008 at 1:42 PM
Don’t get too worked up about this. As Ace says, tomorrow he’ll realize what he’s done and do a complete 180. His pendulum swings both ways to the full arc, and usually within a 24 hour period. Look for him to sign another pledge fairly quickly.
a capella on January 18, 2008 at 1:42 PM
Quick! Someone put that in a commercial and put it up all over SC!!
Darksean on January 18, 2008 at 1:44 PM
Beat me to it.
a capella on January 18, 2008 at 1:44 PM
This guy is your typical bonifided, certified, 99/44 100% dyed-in-the-wool politician. He knows exactly what flag waving buzz words and patriotic sounding cliches to say and in what order to say them, while talking out of one side of his mouth. The sooner this goof is out of the race, the better!
pilamaye on January 18, 2008 at 1:45 PM
Huck needs to go away. Fast.
pullingmyhairout on January 18, 2008 at 1:45 PM
As a Christian, Huck scares the life out of me!
ConservativePartyNow on January 18, 2008 at 1:45 PM
Time for Fred to get that axe handle working.
a capella on January 18, 2008 at 1:45 PM
Toll the bells and strike up the dirge. He’s done and his campaign has one foot in the grave. Huckleberry, enjoy your last meal of popcorn squirrel and then leave quietly, please.
Mallard T. Drake on January 18, 2008 at 1:45 PM
I hate Huck.
He’s such a shmuck.
His reputation,
is in the muck.
He says the Constitution lives and breathes.
He denouces our fathers with astounding ease.
I have an idea, Huck, for an amendment
shut ya damn mouth, it would be resplendent.
Don’t ya know ya shouldn’t go
with religious demagogues.
They call on Christ to make their heist
and leave you to the dogs.
BKennedy on January 18, 2008 at 1:46 PM
Sigh.
Spirit of 1776 on January 18, 2008 at 1:47 PM
I think Reagan, and the Founding Fathers, just turned over in their graves a few times.
Hawkins1701 on January 18, 2008 at 1:48 PM
That was beautiful, and brought a wee tear to my eye. Or maybe that was the spicy soup I’m eating….
Frozen Tex on January 18, 2008 at 1:48 PM
I have said it before, but it bears repeating.
I detest this smiling idiot. He’s no conservative.
Theworldisnotenough on January 18, 2008 at 1:49 PM
Spirit of 1776 on January 18, 2008 at 1:47 PM
agree,
I just don’t get it, he’s had like 5 dean moments… all the more reason to believe he’s a dem plant..
stlpatriot on January 18, 2008 at 1:49 PM
You put too much, er, “faith” in most of his supporters. His competence isn’t an issue (he’s been screwing up and showing his ignorance for quite a while).
amerpundit on January 18, 2008 at 1:49 PM
We all knew he was a liberal, anyway.
INC on January 18, 2008 at 1:49 PM
If it “lives and breathes”, can you cook it on a popcorn popper?
Pasalubong on January 18, 2008 at 1:49 PM
Nonsense. Huck said it was living & breathing BECAUSE of the amendment process. Putting his phrase into its proper context, he is clearly not calling for judicial activism, which is what you are implying by this post.
I’m no friend of Huck, but I call BS.
tommylotto on January 18, 2008 at 1:51 PM
I’m sure Harald will join us shortly to rotate at 1350 RPMs.
a capella on January 18, 2008 at 1:51 PM
♫Breathe, Breathe in the air♫
PappaMac on January 18, 2008 at 1:51 PM
Al Gore Agrees with the Huckster!
…”There are some big choices at stake in this election.
The next president will appoint probably three and possibly even four justices to the Supreme Court. I will nominate justices who share my view of the Constitution as a living, breathing document that must be interpreted in light of the experiences facing each generation.”… —Al Gore in the (Washington Post in 2000)
Nelsa on January 18, 2008 at 1:52 PM
He’s trying very hard to be a conservative but every time he opens his mouth it’s clear that he’s a liberal in conservative clothing.
michele on January 18, 2008 at 1:52 PM
Mark Levin will get a good 2 hours on this one. I really can’t believe (as dumb as Huck is) that he actually said this. Living Breathing Doc + SC flag = major screwup.
nottakingsides on January 18, 2008 at 1:52 PM
Because the MSM is giving him a pass on this stuff… no real airplay.
They WANT him to be the candidate in the General, so the Dems can walk all over his “Fundamentalism” and appear moderate…
THREE MAJOR mess ups in THREE DAYS, and even though I’m a news junkie… I only know about it because of the web.
Romeo13 on January 18, 2008 at 1:52 PM
a capella on January 18, 2008 at 1:51 PM
i just spit soda all over my keyboard
stlpatriot on January 18, 2008 at 1:52 PM
Well the Constitution is a “living, breathing document”. If it were not, we would not have women voting and we would still have slavery.
bnelson44 on January 18, 2008 at 1:53 PM
Even so, it sounds like he’d be happy to use the amendment procedure to bring the Constitution up to God’s standards. I wonder how many he has in mind.
a capella on January 18, 2008 at 1:54 PM
Look folks — it doesn’t really matter how many times he opens his mouth and demonstrates that he is not a true conservative. Because — his “supporters” don’t read blogs, visit websites, or follow politics at all. They just go: “He’s a Christian like me and — he plays the guitar! What’s not to like?”
So they’re ignorant of all the implications of the profoundly stupid things he says. They don’t know and they don’t care. They’re gonna vote for him because in their heads, he is just like them and plays the guitar. That’s all.
SunSword on January 18, 2008 at 1:55 PM
In fairness, I do not think Huckabee has adopted a liberal view of the Constitution. He did use an ill-advised liberal phrase to illustrate his point, but from what he said, he does not adopt the contemporary liberal concept of the Constitution as a living breathing document the meaning of which can be changed without amendment.
Rather, Governor Huckabee used the phrase to say that the Constitution is not fixed in an absolute sense; but that its meaning can only be changed through the amendment process.
Granted, he ought not to use that phrase, period. However, I do not see anything particularly alarming in what he meant.
medguy on January 18, 2008 at 1:57 PM
I cannot understand why any one who considers themselves a conservative or even Republican could vote for this guy. I guess we just got a big insight into what kind of judges this so called conservative would nominate. The fact that this guy is being considered by such a large part of the Republican party scares me to death. RINO!!!!! Jimmy Carter 2!! It’s a little early, but I need another drink. I;ve got to turn away from this website…my drinking is going up substantially.
jwp1964 on January 18, 2008 at 1:57 PM
Don’t be afraid to care…..
If the question is “which one’s Pink(o)” how close is Huckleberry to being the answer?
Mallard T. Drake on January 18, 2008 at 1:58 PM
Huckabee and the Constitution [Ramesh Ponnuru]
I wouldn’t be too hard on Huckabee for using a metaphor about the Constitution (”living, breathing,” etc.) in a way it’s not normally used. He has said that his nominees to the courts will have to have a demonstrated commitment to originalism and textualism, which is a sounder and more specific pledge than any of the other candidates has made.
bnelson44 on January 18, 2008 at 1:59 PM
I did not think that marriage was even mentioned in the constitution.
Am I wrong?
TheSitRep on January 18, 2008 at 1:59 PM
The question is, then, which one does he mean? Or does he even know the implications of taking the “living, breathing” line? I suspect that he doesn’t but said because he’s heard lots of smart people say it before and it sounds good.
In other words, he’s still just winging it.
Bryan on January 18, 2008 at 2:00 PM
Fox News in SC: McCain 27, Huck 20, Romney 15, Fred 11
Here.
bnelson44 on January 18, 2008 at 2:01 PM
Sweet God…. this man must be stopped.
AbaddonsReign on January 18, 2008 at 2:02 PM
What conservative clothing? I feel like the kid in The Emperor’s New Clothes.
As far as I can see, even his fake conservatism is not conservatism.
Esthier on January 18, 2008 at 2:02 PM
That’s not “living and breathing”, that’s amendments.
Frozen Tex on January 18, 2008 at 2:02 PM
Would a Conservative even have that phrase in mind regarding the Constitution?
Huckabee’s earned no chances to overlook any such missteps, particularly when they reinforce the image of him as a complete NON-Conservative.
snickelfritz on January 18, 2008 at 2:02 PM
I don’t know, but as Ramesh Ponnuru points out he has pledged that his nominees to the courts will have to have a demonstrated commitment to originalism and textualism, which is a sounder and more specific pledge than any of the other candidates has made.
bnelson44 on January 18, 2008 at 2:03 PM
That is the point. Huckabee believes it should be. Agree with him or disagree, the point still remains that Huckabee supports a Constitutional Amendment defining marriage because marriage is not addressed in the Constitution. A fair implication of that view is that he would also believe it illegitimate for a federal court to say the Constitution addresses the issue. That is standard conservative construction of our Constitution.
medguy on January 18, 2008 at 2:03 PM
That’s semantics.
bnelson44 on January 18, 2008 at 2:03 PM
He says in that bite that the 1st amendment gives us the right to worship and speak freely.
Weight of Glory on January 18, 2008 at 2:04 PM
“A living, breathing document” is what opened the door to the mass extermination of babies in the womb and, by extension, if the ACLU has its way, to the protection of homosexual acts in public bathrooms.
Next up:
The elimination of the right to bear arms - it’ll be “for the children” and “a living, breathing document” will mandate it.
OhEssYouCowboys on January 18, 2008 at 2:04 PM
Unfortunately, he’s also promised to bring the Constitution into line with “God’s standards.” Different audience, different constitutional promise.
Slublog on January 18, 2008 at 2:04 PM
Huckabee supporters, Edwards supporters; equally deluded.
SunSword- he’s a bass player, there IS a difference. lol
rockbend on January 18, 2008 at 2:05 PM
Holy Crap Preacher, are you learning impaired?
Didn’t Eddy Rollins tell you that you are running for the REPUBLICAN nomination?
EJDolbow on January 18, 2008 at 2:06 PM
I tend to agree with you here. There is a lot to fault the Huck supporters on, but this isn’t one of the areas I would fault them.
bnelson44 on January 18, 2008 at 2:06 PM
Yup. He’s a soundbite feller. Doesn’t think any further ahead than his current audience. Can you imagine him conducting foreign policy like this? Shoot from the lip, then go totally opposite in a day or two. The silver lining in all this is that Dinnerjacket in Iran would be totally confused. It would be like playing chess against a 2 year old.
a capella on January 18, 2008 at 2:06 PM
A simple analysis of his words should do the trick, something I thought this website was capable of doing. Look at his the kind of judges he would appoint, listen carefully to what he says in the clip, and realize that he used the “living breathing” phrase in a different context than is usual in today’s context. The meaning of what he said was obvious, and only blind bias could read it any other way. I will grant that he shouldn’t have used the phrase; but his meaning was blatantly clear.
medguy on January 18, 2008 at 2:06 PM
P.S.
“A living, breathing document” is a euphemism allowing the SCOTUS to find what it damn well wants to find in the Constitution, according to its poltical persuasions at the time. It allows the Constitution to be made a political document - and that is dangerous.
OhEssYouCowboys on January 18, 2008 at 2:07 PM
Regardless of Ramesh’s opinion, there’s not a conservative in the country who would use the phrase “living, breathing document” to describe the Constitution.
It is an indication that he really doesn’t know what he’s talking about.
Let me remind you that some in his church didn’t expect him to run as a Republican when he first entered politics in Arkansas:
INC on January 18, 2008 at 2:07 PM
Right. That’s the point. He is trying to play both sides here. He frames the argument in liberal buzz words. Everyone knows that ‘living and breathing’ refers to open to interpretation based on culture shifts. But in the next breath he says the opposite. He is trying to have it both ways by the way he uses language. He is Clintonian in all his glory.
I don’t know if I would go so far as to say plant, but I do believe the lines of conservatism and big government liberalism are dissolved in his mind by what he perceives are good motives.
Spirit of 1776 on January 18, 2008 at 2:08 PM
Many centuries ago the rights of the people were maintained through a living and breathing regime. It was based on the privilege of royalty and led to egregious abuses. Eventually limitations were placed upon the royal class and these restrictions were written down in the Magna Carta to prevent the subjectivity of the old living and breathing system.
FloatingRock on January 18, 2008 at 2:08 PM
That link seems to indicate Huckabee doesn’t read his own website:
Slublog on January 18, 2008 at 2:08 PM
I have always thought that the framers intended the Constitution to be built upon the ideals outlned in the Declaration of Independence which outlines “God’s standards” as far as US governance is concerned.
bnelson44 on January 18, 2008 at 2:09 PM
And the Democrats before the Civil War were arguing that the Constitution should never be ammended to give equal rights to blacks because to do so would be to too radically change it.
bnelson44 on January 18, 2008 at 2:10 PM
Sam Alito had no problem referring to the Constitution as a living thing. From that fact do you infer that he is not conservative?
Ah, the true reason. Not that you want to know the facts, but you are looking for something to confirm your prejudice. That’s fine, you’re free to do that. But let’s call it what it is: bias.
medguy on January 18, 2008 at 2:12 PM
That’s the third verse total thus far (verses 1 and 4 are the refrains). Huck keeps inspiring me to rip him a new one thanks to that idiotic “stuck on Huck” rap.
This is the whole rap so far:
I hate Huck
He’s such a Shmuck.
His reputation,
is in the muck.
Just give him money and power is yours.
Send a wedding gift he’ll send you a Coors.
He likes his taxes huge wide and fat
Cause Huck himself used to be like that.
Don’t ya know ya shouldn’t go
with religious demagogues.
They call on Christ to make their heist
and leave you to the dogs.
I hate Huck
He’s such a Shmuck.
His reputation,
is in the muck.
He talks about flags and nanny states,
the crap that he flaps is second rate.
But I know where he can put that pole
he should stuff it in his nanny piehole.
Don’t ya know ya shouldn’t go
with religious demagogues.
They call on Christ to make their heist
and leave you to the dogs.
I hate Huck
He’s such a Shmuck.
His reputation,
is in the muck.
He says the Constitution lives and breathes.
He denouces our fathers with astounding ease.
I have an idea, Huck, for an amendment
shut ya damn mouth, it would be resplendent.
Don’t ya know ya shouldn’t go
with religious demagogues.
They call on Christ to make their heist
and leave you to the dogs.
I may have to write a 4th verse soon enough, the way Huckster is going.
BKennedy on January 18, 2008 at 2:12 PM
Actually, that’s not where government draws its power, according to the founders.
There’s a difference between acknowledging the fact that God gave us rights and asking for his protection and Huckabee’s promise to bring the constitution into line with specific theological principles of a particular faith.
Slublog on January 18, 2008 at 2:12 PM
In other words, Huckabee contradicts Huckabee. Again.
And I’m sure he’ll sign some pledge tomorrow to try to make this go away.
snickelfritz on January 18, 2008 at 2:14 PM
Heh. He’ll just blame it on those pesky 527s he can’t control.
a capella on January 18, 2008 at 2:15 PM
Learning from a person’s repeated behavior is not bias.
snickelfritz on January 18, 2008 at 2:16 PM
Ditto.
SimplyKimberly on January 18, 2008 at 2:16 PM
No. Here’s his statement:
The difference between Alito and Huckabee is that Huckabee has suggested the Constitution should be terribly specific on certain issues.
Slublog on January 18, 2008 at 2:17 PM
Gomer Pyle v. James Madison.
larkydozer on January 18, 2008 at 2:17 PM
After watching the video, my take is that you are exactly right. He used the “living, breathing” trope to justify amending the Constiution and in contrast to Fundamentalist Christian view of the Bible as the unalterable word of God.
On the other hand, most people are going to give Huckabee a pass on this issue as they aren’t going to spend so much time parsing his statements. There is also the fact that if we pay close attention to all the candidates, they have all said at least one statement that should disqualify them from being president for some majority in this country. Yet, one of them will be elected.
thuja on January 18, 2008 at 2:17 PM
Make no mistake. In such a political race, in 2008, Gomer Pyle will win every time.
bnelson44 on January 18, 2008 at 2:18 PM
The amendment process is not a part of the living and breathing argument, IMO. The living and breathing argument is based on changes made to the Constitution by the fiat of an activist court.
FloatingRock on January 18, 2008 at 2:18 PM
It is when it causes one to go out of their way to misinterpret a clear statement.
medguy on January 18, 2008 at 2:19 PM
BINGO
ihasurnominashun on January 18, 2008 at 2:20 PM
Which Huck has come out against.
bnelson44 on January 18, 2008 at 2:20 PM
I strongly dislike Huckabee, but it seems like here he accidentally used a left-wing code-word to say that the Constitution is an amendable document, which no one can disagree with. He never said it should be easy to change, just that he thought there should be changed. Of all the bothersome things Huckabee has said, this is likely the least bothersome.
calbear on January 18, 2008 at 2:22 PM
See the update, everyone. Huck is disagreeing with his own web site now.
Bryan on January 18, 2008 at 2:22 PM
Saw that
bnelson44 on January 18, 2008 at 2:22 PM
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