How to save the Constitution by Lawrence Auster

A federal district judge has found that Hazleton, Pennsylvania's anti-illegal alien ordinance violates the Constitution. What this really means is that the ordinance violates the monstrously hypertrophied understanding of the Fourteenth Amendment that has been spawned, as in the laboratory of a constitutional Dr. Frankenstein, by out-of-control federal judges over the last 70 years, usurping the normal power of states and municipalities to govern their own affairs. In the present case, the judge found that the ordinance, by punishing businesses that hire or rent to illegal aliens, was violating the clause in the Fourteenth Amendment which says that no state "shall ... deprive any person of life, liberty, or property, without due process of law." The "due process of law" that is supposedly found lacking in Hazleton's ordinance is not the ordinary lawful operation of the Hazleton City Council in passing the ordinance, but rather a particular substantive result that the judge in his supra constitutional wisdom arbitrarily deems necessary. Under interpretations of the Constitution over the last 70 years, "due process" has become an unlimited catch-all phrase for any result a judge considers just.

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