Questions About Consitutionalism

Over the last several years, I have noticed a pointed rise in the popularity of Constitutionalism. To be fair, I want to note the necessary distinction between what I've seen to be two distinct brands of the movement: The first is Constitutionalism as a comprehensive political stance. I see this platform as being traditionally positive in that its impetus is an affirmation of what they interpret to be a strict adherence to the verbage of the constitution. This is in contrast to the second brand which resides within certain conservative Sean-Hannity-like circles who nominally describe themselves as Constitutionalists when it is politically advantageous to do so (generally during important Supreme Court goings-on such as the Sotomayor hearings), while conversely discarding it altogether when they see fit (generally during times of widespread panic, where it can easily be defended as an action which will protect the nation, for example in support of the Patriot Act). Their use of the term 'Constitutionalism' is typically negative, in the sense that it is almost always invoked when painting themselves as the victims of oppression, e.g. "They want to tax us more and change our health care!"

Obviously, the latter type requires no extended critique, as its absurdity is blatant. (Though I do want to clarify that the absurdity lies only in the use of the term at hand. The political stance is, I believe, as valid as any other.) I do want to briefly address the former, which to me, is very interesting. As previously noted, I do find the comprehensive nature of Constitutionalism admirable. Ironically, I think there are intriguing parallels to Marxism in this regard. At any rate, I think the best way to outline my critiques of and questions about Constitutionalism will be to pose a few broad questions and leave them open for response.

* Why the Constitution? Why not the Articles of Confederation, On Walden Pond, or the Qur'an?

* What exactly is a 'pure' interpretation of the Constitution? Is such an interpretation even attainable for people who are by nature contextual, and carry with them a variety of background assumptions?

* At its root, does the Constitution imply the freedom of future generations to step away from it?