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Originally Posted by armory
You truly have no clue as to what the Constitution is, do you? The Constitution limits the power of government, not that of the people.
You put a lot of detail into the judicial branch. Again, back to the Constitution. SCOTUS is not to interpret law - legislate - but to judge whether or not bills/laws are in accordance with the Constitution = law of the land. The three branches of power were intended to balance out the powers of each which means policing one another.
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Look, the high-minded ideal of the "balance of power", sounds great on paper. But what happens in the real world? Is there a fundamental difference between the president, the Congress, and the Supreme Court? Isn't the president and Congress elected effectively in the same way? Moreover, isn't the Supreme Court appointed by the president and confirmed by Congress? And aren't most Congressman, the presidents, and the Supreme Court justices effectively just lawyers?
What makes you think that a lawyer in the white house, appointing lawyers to the Supreme Court, is somehow going to check the power of the lawyers in Congress? Its just absurd.
As for my point about the Supreme Court. What I'm saying is that, most of the important Supreme Court decisions end up 5-4. And the justices who vote one way are almost invariably the justices appointed by a democratic president. And the justices who vote the other way, are almost invariably the justices appointed by a republican president. Thus, at least to a certain degree, the Supreme Court is effectively voting along those same ideological lines that the rest of the country is also split into.
If we look at say "corporate personhood" which came as a result of "Citizens United". That decision has infuriated the political left. And they seek to overturn that decision. But how will they overturn it? Amend the constitution? No, that would be impossible, and everyone knows it.
No, they hope to overturn that decision when someone like Antonin Scalia retires from the court. By replacing him with a different Supreme Court justice which will cause the decision to go 5-4 the other way. Basically, they want to use democracy, to elect a president, who will appoint a justice, to "vote" the way Americans want him to vote.
Thus my point is, if the Supreme Court is nothing but an extension of democracy. And thus it interprets the constitution to mean whatever it wants it to mean, to keep the people happy. Then what is the point of having a Supreme Court to begin with?
I mean, how many times has the Supreme Court ruled against itself in the history of this country? How many Supreme Court decisions do you believe were the wrong decisions? How many Supreme Court decisions caused a split court, going 5-4? How many Supreme Court decisions for instance, does Antonin Scalia think the court got wrong?
The Supreme Court is a joke. And it is pretty naive to think otherwise.
Quote:
Originally Posted by armory
Read the document and see how it addresses all of your concerns. We, the people, have to reign it all in as they - elected, appointed and hired persons - are not keeping to their oaths to uphold the Constitution. They are perjuring themselves and are guilty of treason. There is no turning a blind eye as even the citizens can see what is going on.  |
You seem to be arguing that "democracy will fix everything". But do you really believe in democracy? Do you think democracy always gets it right? If democracy is so great, why even have a constitution? If the people can just elect a president or Congressmen, who will appoint Supreme Court justices who believe in a "living document" in regards to the constitution. In which the "Living document" theory means that the constitution means whatever the people want it to mean. In a sense, doesn't that mean we effectively have no constitution at all?
I don't trust democracy. I don't trust the government. I don't trust the Congress. I don't trust the president. I don't trust the Supreme Court. I don't trust you. And you shouldn't trust me. All of us have our own agenda. And the constitution is there in an attempt to hold in check the corruptibility of humanity.
Which is why my plan for a new constitution has the intent of creating a constitution which is effectively infallible. Don't get me wrong, I think our constitution is wonderful. It actually amazes me how great it is. But is it perfect? Of course not. They have been fighting about what the constitution means, since the day they wrote it.
I think of our constitution as sort of a "contract". But our constitution is one of the most poorly worded contracts that I have ever seen. The problem is that it isn't very clear. So it leaves far too much room for opinion and interpretation.
I want our constitution to be rewritten and clarified to such an extent, that is it "bulletproof". In a similar fashion that businesses write up contracts with each other, that can't be "interpreted" to mean something entirely different than what was intended. In those contracts "all the T's are crossed and all the I's are dotted". If you know what I mean.
Ironically, the supposedly great "democracy" of the world, the United States. Has probably the lowest voter participation rate of any country in the entire world. Everyone realizes that this government is a complete failure. So why defend it?
Lets fix it, and since its impossible to actually amend the constitution. Because any single amendment would always be "us vs them" crap. On the other hand, the rewriting of an entirely new constitution would have to involve everyone. Because the adoption of a new constitution would require far more than a simple majority. And the outcome would be so meaningful for all parties. It would necessitate everyone to play a role in its creation.
It would both unite and divide. It would cause radicalism on all sides, yet require compromise. I think it would be the rebirth of the nation, not its destruction. And I see no argument against it.
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