coldmountain (351 posts)
America will never solve its gun problem until it gets over its fetish for the Founding Fathers. [View all]
Last edited Fri Sep 20, 2013, 12:13 PM USA/ET - Edit history (1)
Blood on the Constituion
America will never solve its gun problem until it gets over its fetish for the Founding Fathers.
"Frankly, having the world's oldest written constitution is not something to be proud of. As my Georgetown colleague Mike Seidman wrote in a 2012 New York Times op-ed,
Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse. Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.
As someone who has taught constitutional law for almost 40 years, I am ashamed it took me so long to see how bizarre all this is. Imagine that after careful study a government official -- say, the president or one of the party leaders in Congress -- reaches a considered judgment that a particular course of action is best for the country. Suddenly, someone bursts into the room with new information: a group of white propertied men who have been dead for two centuries, knew nothing of our present situation, acted illegally under existing law and thought it was fine to own slaves might have disagreed with this course of action. Is it even remotely rational that the official should change his or her mind because of this divination?
The word "divination" is appropriate, because much of what passes for constitutional debate in this country has more in common with theology than law. Americans spend an inordinate amount of time arguing about how best to interpret the Second Amendment, but the real question -- the one we should be asking -- is this: Why are we so fixated on a 226-year-old piece of paper?
Political theory has advanced a good deal since 1787. We now have decent social science research on the pros and cons of different voting systems and different judicial systems; we can now measure and evaluate the impact of different political and legal regimes in ways the framers could not. Most other nations have had reason to develop new constitutions over the last two centuries, for the simple reason that structures and rules that once made sense often make far less sense when circumstances change.
http://www.foreignpolicy.com/articles/2013/09/18/blood_on_the_constitution?page=0,1
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3701227When all else fails convince people that the founding fathers are irrelevant.
Star Member LuvNewcastle (4,449 posts)
1. We do need a new constitution, but if we had a constitutional
convention now, we'd likely never agree on the contents of it. We'll have to wait on the GOP to go through what it's going through to get anything meaningful done in this country. When we see a re-alignment take place between the parties, that will be the time to get it done. We're much too divided right now; even some blue states have a lot of Republicans. We probably won't have solid majorities in the House until after the next census, when new districts will be drawn. I want to see us draw up a new constitution, but it just can't be done now.
If you don't like the rules change them. That is how the leftists operate. It is no secret the left has hated the constitution and has so desperately wanted to nullify it, now they are just more open about it.
coldmountain (351 posts)
4. The Constitution has failed and we are verging toward a failed state
Last edited Fri Sep 20, 2013, 11:22 AM USA/ET - Edit history (1)
The Constitution only protects the powerful.
Maybe if we actually followed it from time to time it would have worked.
The problem isn't the Constitution, the problem is you fools who want to destroy the free society we have and get rid of the controls on government power.
Star Member dkf (36,279 posts)
5. You can't blame the constitution, blame uninformed passive voters.
I do blame the 0bamaites.
Star Member NYC_SKP (52,745 posts)
9. Agree. But that pesky constitution gets in the way of certain short-sighted agendae.
It so frustrates them that they make shit up, like saying that the only reason we included the second amendment was to suppress slave uprisings.
When I find the time and patience, I will post something putting that distracting theory to rest.
To associate racism with the RKBA is a very low tactic.
As you say, we need the constitution more than ever.
That pesky Constitution gets in the way of all leftists.
Star Member dkf (36,279 posts)
14. The hubris in thinking we will only get rid of one right and leave the rest untouched is amazing.
I'm sure the right wing would have all sorts of changes they would loooove to make.
I hate to admit but yes I would love the chance to fix a couple things in the constitution, but the difference is the fixes I want are already in the constitution, you just ignore them. One of the fixes would the wording of the second amendment. Get rid of the militia sentence so people can't try to distort the meaning.
DanTex (4,231 posts)
13. Besides just guns, there are serious problems with the way congress is apportioned.
Having 2 senators per state is just plain stupid, given that states vary drastically in population. And the house has it's problems also. Not to mention the electoral college.
Unfortunately, the constitution isn't changing any time soon, barring some kind of major crisis.
If you understood history at all you would know why there are only 2 senators per state.
DanTex (4,231 posts)
30. It (maybe) made sense in 1787 for that reason.
It makes absolutely no sense at all today. Why should the 600K people of Wyoming have 2 senators to protect them, while the 2.5M people of Brooklyn have to share 2 senators with other 17M people in New York State? Are people in Wyoming somehow more vulnerable than people in Brooklyn
Hey moron that is why we have the House of Representatives. It was intended that the senate represented your state, the house represents your community.
A really big thread with lots of stupid comments from people who have zero understanding.
