Apr 13

image thumb32 Our Damaged Constitution 
Divinely inspired, humanly screwed up

Here is the Wiki entry for the U.S. Constitution.

Take time, read it, come back.

Most people that say some policy they don’t like is un-Constitutional selectively pick from the Constitution.

So, ACLU kooks, focus on the 1st amendment (freedom of speech, separation of church and state), but ignore the 9th (rights reserved to the people) and 10th amendments (unenumerated powers reserved to the states).

And similarly, Glenn Beck types, focus on the the first 10, but ignore the following 13 (especially the 16th and 17th).  The income tax is in the Constitution – it sucks and has ruined us, but it is Constitutional.

So, Beck, et al., can rant on and on about how we need to get back to the 9th and 10th amendments, but do nothing about getting rid of the 16th amendment.

I don’t know if we need a Constitutional Convention. That sounds risky knowing how powerful those allied with totalitarian outlooks are today.  But I do think an amendment to severely curtain the 16th amendment, and to repeal the 17th amendment, would go a long way to DIRECTLY addressing where our country is sick.

I read the entire Constitution. I support the first 10 amendments, AS THE FOUNDERS intended them.  After that, our amendment track record is very iffy:

11th – can’t sue the federal government. Bad idea.
12th -  separate ballots for VP and President. Whatever.
13th -  banning slavery. Very good idea.
14th -  equal protection under the law. Very good idea. We should actually follow it.
15th -  makes citizens rights color blind. Good idea.
16th – income tax. First amendment that gave government power.Terrible idea.
17th -  Popular election of senators. Bad idea.
18th -  Prohibition. Terrible idea. Repealed later.
19th -  Woman get to vote. Good and bad. Voting should be limited to stakeholders.
20th -  Presidential succession. Ho hum.
21st -  Repeals 18. Great idea. Should have zapped 16 & 17 too.
22nd – Two terms for President. Fine idea. Should have included Senators.
23rd -  DC gets Presidential electors. Terrible idea.
24th -  Eliminates poll tax. Bad idea. Stakeholders should vote.
25th -  Fixes 20th. Ho hum.
26th -  18 year voters. Free votes for Democrats. Bad idea. Stakeholders should vote.
27th -   No pay raise for Congress til after their next election. Good idea.

As you can see, our track record is pretty poor on Constitutional amendments. Perhaps we need an amendment invalidating all but the first 10, announcing a convention, and then requiring a Constitutional Convention for amendments every 50 years.

6 Responses to “Our Damaged Constitution”

  1. Carl Nelson Says:

    If all the amendments you don’t like are so bad, why did two-thirds of both houses of Congress and three fourths of the states approve them? We have a Constitution that gives the ultimate power to the Legislative Branch which can do anything the states and the people want. At bottom, the founders, without knowing even what the future questions would be, trusted the people’s representatives to do the right thing.

    I’d like to hear your case that direct election of Senators is worse than the alternatives. The elections are state-wide as was the scope of the state legislatures that previously picked the Senators. What mechanism for appointment do you think is better and why?

    As for limiting voting to “stakeholders”, which do you prefer – the “stakeholders” robbing the poor or the poor robbing the “stakeholders”? Which group is better able to defend itself against the predations of the other?

    The structure of government is not as simple a question as your policy arguments seem to assume. I give great credit to the founders of 1787 as men of genius whose work should be tampered with only with extreme caution in extreme circumstances. And I don’t see the caliber of people whom I would trust with re-opening the Constitution in some convention where there would be no rules as it was in 1787.

  2. D E Says:

    A constitutional convention is madness. Either we will get “democrats” who want nothing more than absolute government control of the individual or “republicans” who want nothing more than a complete government free hand to run endless wars.

    There is no significant presence to fight for the rights of the individual. Both of these groups see the individual American as nothing but a means to an end.

    Libertarians and like minds have a presence, but they are precious few who stand in opposition of the two monsters.

  3. Ken Says:

    I think it better if Senators report to State Legislatures and are thus more aware of states right issues.

    I’m glad you agree that with the 16th amendment the government robs. As to stakeholders, versus non-stakeholders voting… Your argument is silly, as it often is, non-stakeholders have nothing to rob.

    I agree that our political class is a bunch of losers now. But we had a period, around the turn of the century, when the safeguards in our system broke. We need to fix that.

  4. Ken Says:

    I suspect the next Constitutional Convention will be when the new country of TexAriNewMexicoTah writes their new one.

  5. Ken Says:

    perhaps the convening amendment needs to make it tougher to pass an amendment.

  6. TR Says:

    “and secure the Blessings of Liberty to ourselves and our Posterity”

    Today’s political turkeys all get hung up on the “promote the General Welfare,” clause instead of reading the whole Preamble.

    Obamacare being only the latest work of an ignoramus lawyer cabal that wants us under their tyranny! Get the pitchforks ready.