Nov. 6, 2009 Rabbi Berel Wein: Choosing to hear JWisdom.com Zero to 1/60th: How to Empower An Hour with Gavriel Aryeh Sande (7 minutes) Caroline B. Glick The mullahs' big week Suzanne Fields A Fallen Wall for Fallen Man Nov. 5, 2009 The Kosher Gourmet: Three scrumptious -- but simple -- butternut squash dishes JWisdom.com Hidden Hints: Unlocking Faith & Prayer with Rabbi Jay Yaacov Schwartz (10 minutes) Nov. 4, 2009 Tom Hamburger and Kim Geiger: Should prayers be covered? JWisdom.com When God played peacemaker With Rabbi Sroy Levitansky (5 minutes) Nov. 3, 2009 Martin Peretz: Beware, Barack. Beware, Rahm. Beware, Axelrod JWisdom.com Are you are closet idolater? With Sara Yoheved Rigler (10 minutes) Nov. 2, 2009 Paul Greenberg: The Holocaust is now on Facebook JWisdom.com Abraham's Strange Change With Rabbi Yitzchok Fingerer (5 minutes) Oct. 30, 2009 Rabbi David Aaron: Secret to Immortality Caroline B. Glick Silencing dissent in America Oct. 29, 2009 Lini S. Kadaba: Do tactics avert flu or reduce humanity? JWisdom.com We Must Revamp our Religious Vocabulary With Gavriel Aryeh Sanders ( 10 minutes) Oct. 28, 2009 Rabbi Yonason Goldson: Atheists in Bubbleland JWisdom.com Why what we wear impacts who we are With Rabbis Mordechai Becher, Menachem Golberger and Aliza Bulow ( 10 minutes) Oct. 27, 2009 Paul Greenberg: The United Nations Is Outraged Again, Or: Department of Mideast Static JWisdom.com The Science of Love With Rabbi Jonathan Rietti ( 7 minutes) Oct. 26, 2009 The Jewish Ethicist by Rabbi Dr. Asher Meir: Damaging disclosures with a twist JWisdom.com Wisdom and Wonks With Rabbi Eytan Feiner ( 7 minutes) Oct. 23, 2009 Rabbi David Aaron: Are you ready for the ultimate pleasure? JWisdom.com Watermark and oneness with Rabbi Sroy Levitansky ( 4 minutes) Caroline B. Glick Stop using limited powers in a way that expands our enemies' advantages over us Oct. 22, 2009 Steven Emerson: Terror Cases Share Desire to Kill Americans JWisdom.com No More More Family Fights --- Really? By Sarah Chana Radcliffe ( 5 minutes) Oct. 21, 2009 Tonya Alanez: Holocaust denier sues survivor, calling Auschwitz memoir 'vicious lies' JWisdom.com Meditating Jewishly: A Panacea for Success by Sarah Yoheved Rigler ( 7 minutes) Oct. 20, 2009 Dennis Prager: Obama and Dalai Lama: Why Israel Worries about U.S. President JWisdom.com Abraham was not religious By Rabbi Yitzchok Fingerer ( 6 minutes) Oct. 19, 2009 The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Is nepotism kosher? JWisdom.comWhy Good People Do Bad Things By Rabbi Eytan Feiner ( 7 minutes) Oct. 16, 2009 Rabbi Yonason Goldson: The Perfect Number JWisdom.com Hearing Voices By Rabbi Sroy Levitansky ( 5 minutes) Caroline B. Glick How Turkey was lost Oct. 15, 2009 Jeff Jacoby: Peace vs. the 'peace process' JWisdom.com: Former MTV producer and stand-up comedian Rabbi Lawrence Hajioff: Taming a Control Freak (A VERY fast 15 minutes) Oct. 29, 2003 Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review August 23, 2006 / 29 Menachem-Av, 5766 The living Constitution's double standard By Jonah Goldberg http://www.JewishWorldReview.com | "We do not insist that our medicine, our technology, or even our entertainment, all remain in an obsolete state; why would we demand that the law be given such treatment? It seems absurd to suggest that we can change the speed limit to reflect improved technology but we cannot interpret the Constitution to reflect improvements in society." A year ago, Slate magazine's legal correspondent, Dahlia Lithwick, recounted this observation — from one of her bounteously sophisticated liberal readers — as a neat summary of the "doctrine" of a "living Constitution." And a neat summary it is. How droll and obtuse that conservatives think the Constitution should remain anchored against the tides of change while those currents bring with them torrents of newfangled iPods and ever-changing gusts of news; one day about Brittany Spears, the next day Paris Hilton. How very horse-and-buggy to suggest that the Commerce Clause wouldn't change with the latest in slattern chic and personal electronics. Anyway, that bit stayed in my mind ever since, and I think of it whenever the Constitution comes up in the war on terror. Just last week was a case in point. Judge Anna Diggs Taylor issued a ruling that even legal scholars who like the outcome consider to be laughable in its reasoning. She held that the government's Terrorist Surveillance Program is not only illegal but also unconstitutional. The program, if you recall, monitors phone calls and Internet activity among al-Qaida members and affiliates without a warrant. The executive branch holds that it has the right to do this under its authority to collect intelligence for national security purposes. These calls aren't being monitored for criminal prosecutions but to "connect the dots" and prevent another 9/11. It may turn out that the TSP is illegal, technically violating the Foreign Intelligence Surveillance Act of 1978, but we wouldn't know that from Taylor's decision. She cited almost none of the most relevant cases on the matter, and the upshot of her ruling is that even if Congress wanted to codify in law what the president has been doing under his own authority, it couldn't because the founders never had any such thing in mind. "There are no hereditary Kings in America and no powers not created by the Constitution," Taylor wrote, invoking the founders' intent and betraying her own intent to issue as quotable an opinion as possible for the press. You do see the irony here, don't you? A coalition of pressure groups — Greenpeace, the ACLU and a bunch of left-wing professors — are arguing that the Constitution must be immutably inflexible, adamantine in the face of changing times. The fact that al-Qaida is using new technologies the founders could never have imagined is irrelevant, say the absolutists. If the government can listen in on bin Laden's phone calls without a warrant, what's to keep them from listening to a phone call between me and my Aunt Sally? Isn't this just a bit hard to take with a straight face from the ACLU, which finds powers not created by the Constitution every day and periodically declares such inanities as the idea that the Constitution forbids teachers from reading "The Chronicles of Narnia" in class lest the tykes' young minds be corrupted by hidden messages about Christianity? Such concerns would have left the founders dumbfounded before the opening prayers of the Constitutional Convention. Then there's Greenpeace. Not noted for its abiding concern for constitutional niceties one way or the other, the environmentalist outfit claims that its constitutional rights were violated because the TSP had a chilling effect on its international communications. Had they been in negotiations with bin Laden to keep him from blowing up baby seals? But, you might ask, aren't traditional opponents of the living Constitution hypocrites? Liberals normally like their penumbras emanating and their Commerce Clause written in Silly Putty while we conservatives like our Constitution like our beef jerky — cold, dead, tough to chew through. So aren't conservatives using a double standard, too? It may depend whom you're talking about, but I think not. Long before the concept of a living Constitution was hatched, the authors of the original version — as well as the courts interpreting it — understood that the executive branch has the authority and flexibility to conduct foreign policy and wage war. Terrorists may be criminals, but they aren't merely criminals. They're waging war against us and doing so in ways never imagined by the founders. They don't want territory or treaties, and they don't use armies and cannons. They want to make our own technology and freedoms into weapons they can use against us. And so here is the real absurdity of the "living Constitution" school. Where the Constitution is supposed to be inert, they want it alive and mutating. But where the Constitution was intended to be flexible, intellectual rigor mortis has set in. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. To comment on JWR contributor Jonah Goldberg's column click here. Jonah Goldberg Archives © 2006 TMS

Arnold Ahlert  Mitch Albom  Michael Barone   Dave Barry  Tony Blankley  Andy Borowitz  David Broder  Stratfor Briefing  Mona Charen  Linda Chavez  Ann Coulter  Greg Crosby  Larry Elder  Suzanne Fields  John Fund  Frank J. Gaffney  Lloyd Garver  Jonah Goldberg  Julia Gorin  Jonathan Gurwitz  Paul Greenberg  Lewis Grossberger  Victor Davis Hanson  Betsy Hart  Nat Hentoff  David Horowitz  Laura Ingraham  Cheri Jacobus Jeff Jacoby  Paul Johnson  Jack Kelly  Ed Koch  Ch. Krauthammer  Michael Ledeen  John Leo  David Limbaugh  Kathryn Lopez  Rich Lowry  Michelle Malkin  Jackie Mason  Dick Morris  Bill O'Reilly  Jim Mullen  Clarence Page  Kathleen Parker  Dennis Prager  Wesley Pruden  Tom Purcell  Jonathan Rauch  Celia Rivenbark  Robert Robb  Cokie & Steve Roberts  Pat Sajak  Debra J. Saunders  Culture Shlock  Roger Simon  Michael Smerconish  Thomas Sowell  Mark Steyn  John Stossel  Cal Thomas  Bob Tyrrell  Diana West  Dave Weinbaum  George Will  Walter Williams  Byron York  Mort Zuckerman  Robert Arial  Chuck Asay  Baloo  Chip Bok  Dry Bones   Lisa Benson  John Branch  Gary Brookins  John Cole  J. D. Crowe  John Deering  Brian Duffy  Everything's Relative  Mallard Fillmore  Jake Fuller  Bob Gorrel  Joe Heller  David Hitch  Jerry Holber  Steve Kelley  Jeff Koterba  Dick Locher  Chan Lowe  Ranan R. Lurie  Jimmy Margulies  Rick McKee  Michael Ramirez  Kevin Siers  Jeff Stahler  Ed Stein  Danna Summers  John Trever  Gary Varvel  Kirk Walters  How 2  Lori Borgman  The Savvy Consumer  Elder matters  Fixit  Dr. Peter Gott  GET A JOB! by Marty Nemko  Richard Lederer  Tech Maven  Every Monday Matters  Nutrition Myths  Bookmark These  Bruce Williams  How Stuff Works