Background: a few weeks back Time magazine published, as its cover story, an article by Richard Stengel on the Constituion.  Reading it, I was stunned to discover fourteen clear factual errors in his piece, and I have been on a bit of a crusade since then to force Time to either correct or retract the article.  And in the process I have been examining how other media outlets and organizations have treated Stengel.

Now, on the right we have the Federalist Society, a group of generally conservative scholars and other interested citizens devoted to the preservation of the Constitution.  So the left decided it needed an organization like this too, so someone formed the American Constitution Society (ACS), meant to be a liberal alternative to the Federalist Society.  (This shouldn’t be confused with the National Constitution Center, which by all appearances is an unrelated entity.)  They state on their website that:

The American Constitution Society for Law and Policy (ACS) promotes the vitality of the U.S. Constitution and the fundamental values it expresses: individual rights and liberties, genuine equality, access to justice, democracy and the rule of law. The abiding principles are reflected in the vision of the Constitution’s framers and the wisdom of forward-looking leaders who have shaped our law throughout American history.

So they seem to care about the Constitution itself, or at least that is the implication.  So I found it curious that their website presented Richard Stengel’s piece on the Constitution without any criticism.  Go ahead, read their blog entry announcing Stengel’s piece.  It’s not long.  If they aren’t endorsing it (and it sure sounds like they are), they are definitely promoting it and without the slightest hint of criticism.

But even worse than that, they actually quote from this passage, again without a word of criticism:

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The Senate is about to act on the nomination of militant leftist Dawn Johnsen to be the chief of the U.S. government’s elite legal team. But that post is a stepping-stone for top judicial offices, including the Supreme Court itself. That’s likely Barack Obama’s plans for Johnsen, and it’s why she must be stopped now.

Ultra-liberal activist Dawn Johnsen, currently a professor at Indiana University School of Law, is President Obama’s nominee to be assistant attorney general in charge of the Justice Department Office of Legal Counsel (OLC). As the OLC chief, Johnsen would shape the legal positions of the Obama administration on every issue. OLC is the elite legal team for the federal government, giving legal advice on every important issue to the attorney general, other department heads in the government, and to the president himself. That’s why the head of OLC is called “the attorney general’s lawyer.”

The problem is that Johnsen is a radical. As the former legal director for the extremist abortion-rights group NARAL, Johnsen argued in a brief to the U.S. Supreme Court that denying a pregnant woman the right to demand unrestricted abortion is to subject her to slavery, which was outlawed by the Thirteenth Amendment after the Civil War.

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I have one item of suggested reading before passing judgment on the occasionally strident internet-sensation that is the commentary by Lord Monckton on the draft negotiating text for an anticipated U.S. signature in December — certain to be delayed, to July — on a successor to the Kyoto Protocol (discussed with Monckton on BreitbartTV here). That instrument is of course the “global treaty” assigning economically damaging responsibilities to 35 industrialized countries (the titans Iceland, Luxembourg, Slovenia, Slovakia…) but not 155 others (such as tiny China, India, Mexico, South Korea, Brazil, Indonesia…) .

The reason I suggest this is because one of the more hot-button items Monckton raises, the Kyotophile desire to get around at least half of the allegedly out-dated concept of Article II “advice and consent”, has, despite certain parties insisting that Monckton’s commentary offers nothing of interest…move along now…for more than a year been telegraphed by Obamaphile activists. It was even alluded to in a paper by someone who now carries the title of our nation’s “Climate Envoy” (really). And now the Obama administration is reported to have briefed European diplomats to be ready to accommodate certain delays and procedures that this would require.

First, allow me to note one particular, relevant specific on which I differ with Lord Monckton’s assessment. That is the notion that the administration would just adopt Kyoto through domestic legislation. He may just be short-handing it here, which if so, I understand, but it is important to get the specifics on the record. It is of course the point of the Waxman-Markey and Kerry-Boxer cap-and-trade bills to adopt Kyoto’s principal obligation of carbon dioxide emission reduction, though these bills’ only international components are direct and indirect wealth transfers of a few billion dollars a year to other countries. There are no substantive sovereignty implications, outside of certain energy security concerns.

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