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The constitution is pretty clear, I think it is the application where things have failed. For example the Commerce clause which gives the Federal government the right to regulate commerce between the states has been more broadly interpreted than originally intended. The courts have esentially given the Federal government unlimited ability to regulate our lives. Essentially the modern interpretation of the constitution allows the government to force us to buy anything, including health insurance. This is most assuredly not something the founding fathers wanted.
So essentially the constitution is pretty clear, it is the interpretation to apply it to modern circumstances that has failed.
That's your opinion.
The US is more than 10 times the size it was when the constitution was orginally drafted and the social standards have changed quite a bit sicne then as well. Foy anyone to base an opinion off what the Founding Fathers would have done in their time is ludracris IMO. That's the exact reason the Founding Fathers left room to amendments and strategically drafted the constitution vaguely enough for these events (stated at the beginning of my post).
The constitution is vague. You get ten kitchen table lawyers in a room and you'll get 10 different interpretations of the meaning of each word. Our founding fathers were smart. They set up a judicial branch of government whose only function is to interpret the constitution as it applies to law. The Constitution means whatever the Supreme Court of the United States says it means and that's the way the founding fathers intended it to be.
Wrong. Many of the founders argued against the SCOTUS having the ultimate say over the Constitution (notably, Jefferson). The Constitution never lists the judicial branch as "interpreting" the Constitution. It was meant to be easily understood by any reasonably educated, literate person of that day. Get out a dictionary of that period and it is very clear what it means.
The people have the final say, via amendment, constitutional convention, and the second amendment as a last resort.
The constitution is pretty clear, I think it is the application where things have failed. For example the Commerce clause which gives the Federal government the right to regulate commerce between the states has been more broadly interpreted than originally intended.
You'd asked earlier about vagueness of the constitution. When you start talking about "intent" as opposed to absolute laws and rigidity (the constitution is not that, and I'm sure you know that), you're participating in that vagueness (may not be the correct word to use, but you get the point).
As for the commerce clause, it is up to the supreme court to interpret any law as being constitutional or not.
As an American, I support the Constitution as much as any Tea Party supporter. Our current government DOES adhere to the Constitution. What are these parts that are un-Constitutional? Why hasn't anyone gone to the Supreme Court?
You comparison was between the Tea Party and anarchy. The Tea Party wants stricter adherence to the limits of power enumerated to the federal government in the Constitution. Anarchists are against all government. Do you understand the difference between lawful governance and no governance; or, was this just another "attack the Tea Party" thread?
The Constitution never lists the judicial branch as "interpreting" the Constitution. It was meant to be easily understood by any reasonably educated, literate person of that day. Get out a dictionary of that period and it is very clear what it means.
This post demonstrates the problem with reading versus understanding the constitution. Let me ask you, what is the primary duty of the Judicial Branch?
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