There are a lot of BS spread by politicians about our Constitution….and now I have seen an article that gives five reason it should be revered…..I will add my thought after each reason….
The Constitution is an amazing document…..but I think that since it is full of 18th century thinking that no longer applies in the 21st then it is time to bring the document into the present…..
This article written by Michael Warren for realclearpublicaffairs.com and his five reason for this revere thinking are: My thoughts will be in parentheses…..
1). A Written Constitution. Nearly all scholars agree that the Constitution was the first written document that established a major nation’s government. For thousands of years, mankind had been ruled by some combination of fear, force, custom, and tradition. Having a written document that laid out the powers of government and the duties of the representatives of “We the People” was a huge leap forward, both for the rule of law – that is, the idea that the law governs rather than the personal desires of those in power – and the argument that mankind has the capacity to participate in self-government.
(No where did us mere peasants ever participate beyond the vote…it has never been a self-government)
2). Approved by the People. Until 1788, as far as we know, no major country in the course of human history put its form of government up to a vote of the people. The people in each state voted to send delegates to the Constitutional Convention of 1787, where a new governing document was created through robust debate. Unless the ratifying convention of any respective state approved the Constitution, it would not be adopted, another amazing advancement. We literally created a new social compact for the country that was agreed to by the people of each state.
3). Separation of Powers. Although England and ancient Rome had some pretense of separation of powers, it was muddled and often subverted. Until the Constitution, no major central government in world history firmly divided the three major functions of government into co-equal, separate branches. By dividing power between the legislative (Congress), executive (President), and judicial (Supreme Court) branches, the Constitution protects liberty by making it difficult for one person or group from taking complete control of the federal government.
(Those days are long gone….the Senate works as an independent from parts of the government…and with the Trump president the separation no longer existed)
4). Checks and Balances. Hand in glove with separation of powers, by giving each branch the ability to check the other branches, the Constitution better protects liberty. It requires that the three branches act together to enact policy and ensure that it does not violate the Constitution’s text. For example, the president can veto legislation passed by Congress, but Congress can override that veto with a two-thirds vote. The president is the commander in chief of the military, but only Congress can fund it and declare war. Even if Congress passes legislation and the president signs it into law, if it violates the Constitution, the Supreme Court must set that law aside. The president nominates judges, but the Senate must approve nominees. Again, liberty is protected by limiting the power of any particular branch of government.
(And yet the Senate can stop any and all social reform that the majority disagrees with…even if it is wildly popular with the peasantry.)
5). Enumerated Powers. Most governments in human history presume that the government is all powerful, and then carves out certain restrictions where it cannot act. The Constitution does exactly the opposite. Unless the Constitution specifically enumerates – that is, lists – powers where the federal government has the authority to act, it cannot do so. By substantially limiting the reach of federal power, the doctrine of enumerated powers safeguards the people’s liberties.
(And then Trump was elected and all this ‘protection’ went down the toilet)
***Reminder—my thoughts are in parentheses***
If you would like to read the full article…..https://www.realclearpublicaffairs.com/articles/2021/03/16/top_five_reasons_why_the_constitution_should_be_revered_663616.html
Again I do not want to scrap our Constitution.
I just believe that it could use a massive update to make in represent the present situation.
And there is the problem…..it will take a Constitutional Convention….and that would open up a whole new can of worms…..in case you slept through your civics class….
A convention to propose amendments to the United States Constitution, also called an Article V Convention or amendatory convention, called for by two-thirds (currently 34) of the state legislatures, is one of two processes authorized by Article Five of the United States Constitution whereby the United States Constitution may be altered. Amendments may also be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate.
To become part of the Constitution, an amendment which has been formally proposed must then be ratified by either—as determined by Congress—the legislatures of three-fourths (presently 38) of the states, or state ratifying conventions in three-fourths of the states. Thirty-three amendments to the United States Constitution have been approved by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. As of 2021, the amendment convention process has never been used for proposing a constitutional amendment.
The biggest problem is our system…..a system where there are many deliberative bodies that have to agree……the rub for the convention debate. Liberals are concerned that the conservatives could amend the Constitution to beat back the role of government. Conservatives aren’t sure they could keep liberal amendments off the table. No one knows just how a convention would work, how long it would last, what rules would guide debate and amendments, or what unexpected pieces might emerge.
Just how much of a cluster f*ck is this process?
Take the Equal Rights Amendment of 1972.
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
And as of 2021 it has NOT be ratified….after almost 50 years and we still do not have the ratification…even after extensions to the deadline for ratification.
One common argument against the Equal Rights Amendment is the fact that the U.S. already has the 14th Amendment, which states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
A major argument against the ERA is that the ratification of the ERA would mean laws cannot be passed to protect men and women differently. The ERA states, “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” implying all laws must affect men and women equally. That standard is present in legislation surrounding racial discrimination. An example is present in Adkins v. Children’s Hospital from 1923. In this case, the Supreme Court ruled that it was unconstitutional to guarantee women a minimum wage because earlier, the court had ruled that men could not be guaranteed a minimum wage. The court based its decision on the 19th Amendment.
Just an example of the BS that flies around any attempt to ratify an amendment or to change the Constitution in any way.
I think it is an amazing document…..amazing but does not mean that it is representative of the nation of today.
I now step off my soapbox…..and allow others to state their thoughts.
You may type now.
I Read, I Write, You Know
“lego ergo scribo”