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Originally posted by akalepos
I don't see how anyone can "go back to the constitution". It simply needs to utilized.
Originally posted by satron
Why not make a new Constitution based on the one we got? The Constitution wasn't based on thin air, and we didn't live in anarchy before it.
I do think the laws we live by need to be updated and slimmed down. I would be against it if it was suggested that a new one limit our rights more than they have been lately, which is what would probably happen.edit on 21-4-2012 by satron because: (no reason given)
Originally posted by MESSAGEFROMTHESTARS
Ahhh man, what an amazing thread... S&F's all over it!
I am currently coming to a close in my readings of 'Alexander Hamilton' - Ron Chernow, and am currently researching all aspects of the revolution, and the constitution. Unfortunately, I don't know enough about James Madison, but in due time.
I am yet to read the entirety of the post, and I will return with my thoughts and opinions very soon... probably tomorrow. I was thinking of writing a very similar thread, you beat me to the punch!
in the great word of the terminator
I'll be back!
Originally posted by akalepos
I don't see how anyone can "go back to the constitution". It simply needs to utilized.
"Then, there is a third interpretation seemingly provided by Hamilton with "It will not, I presume, have escaped observation, that it EXPRESSLY confines this supremacy to laws made PURSUANT TO THE Constitution". In other words, only the laws that congress passes which are in pursuance to the Constitution will be supreme law of the land. Another interpretation would be that the laws congress passes which are Of the United States are supreme; in contrast to laws of the District or laws of Lolipop land that congress might make. These last two interpretations do not limit congress to making laws that are in pursuance to the Constitution. As such, congress can go about making laws about what to wear and eat if they wanted."
Not true. Only Constitutional laws become the law of the land. These other fake psuedo laws indeed have effect, but it is the job of the supreme court to test their constitutionality. But they cannot do it on their own. Some one or some group must bring suit.
Just because the congress or even some state senate passes some arbitrary law doesn't somehow metaphysically "mean" that they passed any law "pursuant to the constitution". If they pass unconstitutional laws that go unchallenged, then they have basically cheated to tried to cheat the system somehow haven't they?
This is not somehow the constitution's fault. It is their foul actions. It is the fault of foul people.
GO AFTER THE PEOPLE. It is the proper mental object here.
This redherring/strawman bs is just that. It seems apparent that those who keep attacking the constitution instead of the persons who are trying to negate or circumvent it are really confused about what the problem/issue is.
"Oh gee... those folks are passing unconstitutional laws, so we must change the constitution."
That should only sound right to a buffoon.edit on 21-4-2012 by akalepos because: (no reason given)
Originally posted by satron
reply to post by capob
You don't want idiots writing it, and on the other hand, you want people you can trust that won't wind up buggering you over.
I know I wouldn't want the people that wrote out my car's warranty in on it, or else it wouldn't be worth the paper it was written on. It's a start.
And, additionally, the lack of a granted power is not a restriction of power.
Originally posted by Asktheanimals
You state:
And, additionally, the lack of a granted power is not a restriction of power.
Article I Section 9 plainly states the limits of the Federal government as Section 10 does for the states. Clearly, there would be no need for a Constitution were the Federal government intended to have unlimited powers.
If the true test is a history of performance where have the greatest failings of our Federal government come from? Some would argue that unconstitutional acts such as the Income tax, Federal Reserve Act, Social Security Act, PATRIOT Act and various undeclared wars have been the very things most detrimental to our Nation.
It's true that there is room for interpretation opening the floodgates to powers not prescribed as well as those who do not wish to follow the spirit of the law, for indeed the Constitution is the law of the land before all other.
When a Federal government clearly does not follow the Constitution they are operating illegally and articles of impeachment are ponderously slow to introduce and follow to conclusion. When most of Congress is operating in this method they have created a club where they protect each other and act towards their personal advantage.
Respect for the law must begin in Congress or the people will have no reason to obey laws created and enacted by such a group.
They are supposed to be our leaders -not our overlords.
Their disrespect for the law begins with willfully defying the Constitution by adding new powers to itself which are not set forth in Section 1, Article 9.
Hamilton and the Federalists were the backers of the First Bank of the United States which sought to ensnare the US through inflationary cycles and indebtedness. The economic blight produced a storm of protest throughout the country which led to it's ending.edit on 21-4-2012 by Asktheanimals because: added comment
Originally posted by capob
However, failure to strictly limit that which fed gov can do combined with states' inaction regarding an infringing fed gov leads to expansion.
Originally posted by Asktheanimals
You state:
Hamilton and the Federalists were the backers of the First Bank of the United States which sought to ensnare the US through inflationary cycles and indebtedness. The economic blight produced a storm of protest throughout the country which led to it's ending.edit on 21-4-2012 by Asktheanimals because: added comment
What the government could do for a person (incorporate), it could not refuse to do for an "artificial person", a business. And the Bank of the United States, being privately owned and not a government agency, was a business. "Thus...unquestionably incident to sovereign power to erect corporations to that of the United States, in relation to the objects entrusted to the management of the government." Any government by its very nature was sovereign "and includes by force of the term a right to attainment of the ends...which are not precluded by restrictions & exceptions specified in the constitution..
Originally posted by MESSAGEFROMTHESTARS
reply to post by capob
Here's a suggestion as to changes to be made...
How about letting the idea of 3 presidents being added. As soon as I heard of this idea, I was in favor!
Here's why:
1 President will never represent the sentiment that was the basis for their being elected. No matter how we slice it, it is never the case... Campaign promises are just rhetoric.
2 Presidents, will never wholly agree on EVERY issue, which will slow down the process of executing the powers of their position. It will also bring further warranted debate as to the true initiatives behind the decisions.
3 Presidents, being that 2 presidents can represent a duality in perceiving the right direction of our country. A third can/will represent the compromising between the two. Or, will represent more strength as to the decision made, for it will have greater backing, and be result of debate between the 3.
I think this would be perfect, and would work as such... each president serves 4 years.
2 are to be elected in one election, and 1 is to be elected in an election held 2 years later.
There's much to the reasoning behind this, but ATS can theorize as to the relationships that this will create. As it is late, and my mind isn't up to the task of fully describing the basis for this idea.
Originally posted by capob
Originally posted by MESSAGEFROMTHESTARS
reply to post by capob
Here's a suggestion as to changes to be made...
How about letting the idea of 3 presidents being added. As soon as I heard of this idea, I was in favor!
Here's why:
1 President will never represent the sentiment that was the basis for their being elected. No matter how we slice it, it is never the case... Campaign promises are just rhetoric.
2 Presidents, will never wholly agree on EVERY issue, which will slow down the process of executing the powers of their position. It will also bring further warranted debate as to the true initiatives behind the decisions.
3 Presidents, being that 2 presidents can represent a duality in perceiving the right direction of our country. A third can/will represent the compromising between the two. Or, will represent more strength as to the decision made, for it will have greater backing, and be result of debate between the 3.
I think this would be perfect, and would work as such... each president serves 4 years.
2 are to be elected in one election, and 1 is to be elected in an election held 2 years later.
There's much to the reasoning behind this, but ATS can theorize as to the relationships that this will create. As it is late, and my mind isn't up to the task of fully describing the basis for this idea.
If this logic were true, then by the fact we have more than 2 senators, we should have a perfect senate. What would prevent these presidents from nominally arguing and then falling in line when it comes to actually doing things (like democrats and repubs in the house and senate)? It would appear the only thing this multiple president system would achieve is a distribution of the onus coming from bad decisions - just like in the house and senate..