Support the Constitution or amend it?

Discussion in 'Politics' started by Wry Catcher, Aug 23, 2011.

  1. Wry Catcher
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    Wry Catcher Platinum Member

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    Why are those who claim to be ardent supporters of our Constitution so willing to amend it?

    Balanced budget amendment; toss out the Electoral College; outlaw abortion; make marriage only between a man and a woman; deny rights to 'anchor' babies.
     
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  2. tonystewart1
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    tonystewart1 VIP Member

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    Because if you want to make changes to the supreme law of the land thats how you do it. You dont bring a case to the justices on high and allow them to legistate from the bench.
     
  3. westwall
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    westwall USMB Mod Staff Member Gold Supporting Member Supporting Member

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    What's your problem with doing things the correct way? Why do you allways want to legislate from the bench?
     
  4. tonystewart1
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    tonystewart1 VIP Member

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    Its the only way for liberal to get laws passed that the vast majority of Americans would not support.
     
  5. Kuros
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    Kuros BANNED

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    Eat an apple or an orange?

    Why not some of both?
     
  6. Quantum Windbag
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    Quantum Windbag Gold Member

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    Why do you think a desire to amend the Constitution means that you do not support it? Does it make more sense to pass laws that ignore it in order to get your way?
     
  7. uscitizen
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    uscitizen Senior Member

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    All politicians sworn to uphold the constitution have to do exactly that. If it is ammended they will continue to uphold it.
    If they don't they are traitors to their office and oath. And not patriots.
     
  8. dblack
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    dblack Gold Member

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    Excellent question. But it seems to be based on a common misconception that advocates of strictly following the Constitution are against change. I don't see it that way at all, and as far as know neither do most Constitutionalists.

    The point of having a Constitution isn't to commit us to a unchanging set of rules. The point is to set concise limits on government. And if we decide government needs to do something not allowed by those rules, we can carefully change them to allow whatever it is (healthcare, for example).

    But, if we don't follow that process - if instead we simply work around the constitutional limits with creative reinterpretations - we water down the document's overall power to limit government.

    Healthcare reform is a great case in point. If we want to nationalize healthcare, or health insurance, constitutionally, we need to create an amendment that declares it as a federal power. Instead, what the Obama administration is attempting to do is create the power by expanding the already strained interpretation of the Commerce Clause. This raises the question (which is also the key argument of the constitutional challenges to ACA): if the Commerce Clause allows the government to order us to buy health insurance, what prevents them from demanding that we buy anything else that suits the politics of the moment?
     
    Last edited: Aug 23, 2011
  9. The Rabbi
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    The Rabbi Diamond Member

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    THey should just do what Obama does: screw the Constitution and pass laws and regulations as they want and hope some activist judge upholds it.
     
  10. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    ‘Claim’ being the operative word – those wishing to amend the Constitution are actually ignorant of the Founding Document and its case law.
    A partisan contrivance, having nothing to do with good governance and everything to do with an opponent’s voting record.

    Violate privacy rights and allow greater government intrusion into Americans’ private lives, a strange position to take for conservative advocates of ‘individual liberty.’’

    …by restricting same sex couples access to marriage laws in violation of the 14th Amendment.
    Indeed there is no such thing as an ‘anchor baby.’ The 14th Amendment is clear – along with its case law – that those born in the United States are citizens, having known no other country. That their parents are here illegally is irrelevant, as one can not be punished for the crimes of his parent. The government does not give one his rights, nor may government take rights away.
     

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