American Family Association Says Barron’s Dangerous Views on Fluid Constitution Will be Detrimental to Country
American Family Association (AFA, www.afa.net) is dismayed after the U.S. Senate yesterday confirmed radical nominee David J. Barron to the United States Court of Appeals for the First Circuit.
“Our Senators did a great disservice to the country by putting David Barron on the bench,” said AFA President Tim Wildmon. “His judicial philosophy will allow him virtual free reign within the court system. News reports have told us that he has even argued in an unreleased memo to the White House that it would be acceptable for a president to kill Americans using drones, without due process of law as required by the Constitution. Barron’s views are so radical, even the ultra-liberal American Civil Liberties Union asked the White House to release those memos to expose his views and opinions.”
Barron believes in what he calls “progressive constitutionalism,” which sees the Constitution as a living, breathing document that can be shaped to whatever the progressive judge believes is appropriate at any given moment.
Barron wrote in the Harvard Law and Policy Review that “It has long been a precept of the progressive view that the Constitution is not frozen. … Its provisions are, in important respects, simply too open-ended and forward looking for that not to be the case, and the deficiencies of a pure originalism are now too well known. The Constitution is, as Richard Fallon recently put it, a dynamic document,” Barron continued. “But for that very reason, the task for progressive constitutionalism, as I see it, is to engage with the substance of constitutional interpretation in light of new understandings of the progressive tradition itself. …”
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