If individuals and society evolve, then shouldn’t the Constitution and the law also evolve? The answer to this is both yes and no. Our rights protected by the Constitution are not evolutionary. Our rights are God given and are not open to interpretation from biased and opinionated jurists. Rights and moral principles that come from God are perfect and do not need any improvement nor do they change over time. Philosopher John Locke would write, “Human laws must be made according to the general laws of nature and without contradiction to any positive law of Scripture, otherwise they are ill made.” Founding Father and Chief Justice, John Jay, explained moral law “Being founded by infinite wisdom and goodness on essential right, which never varies, it can require no amendment or alteration.” Although society has evolved and majorities have found, for instance, that adultery is not a crime, it is still in violation of God’s moral code. Society and majorities may evolve, but God’s law and principles do not. We all answer to God at some point in time.
That said, governments are created for the sole purpose to protect the fundamental rights of the populous and laws can change or be added to keep up with societal changes to protect these rights. For example, when cars were introduced to society, traffic laws were needed to protect citizens from harm. Moreover, it is not evolution when justices such as Evan Hughes write “the Constitution is what the judges say it is” or Benjamin Cardozo proclaiming that “judge-made laws are one of the existing realities of life.” Instead, this behavior is a few unelected, egotistical, and power-hungry judges injecting bias, opinion, and prejudice into the law. [i]
[i] David Barton, The Founders Bible, Shiloh Road Publishing, Newberry Park CA, 2012, 162 – 169, 1975