ATTENTION: I would like to make a request of those participating on this thread. How about instead of bogging everything down by demanding links or proof or substantiation or whatever for somebody else's argument or getting personal with other members, you make your own argument for what you would want in a new or improved Constitution? That is the purpose of this thread. I for one would appreciate that very much and yes, I have gotten sucked into some of the snarkiness too and I regret that.
This is a bright group of people. Let's each make our best case for what would make the Constitution better and be prepared to argue a rationale for that case. This is not a 'battle of facts' so much as a battle of ideas or concepts.
I have no problem with this. I do think an understanding of the type of nation we want is important and one way or the other it gets down to wrangling over the details. Any document is going to be a matter of compromise.
1. The new constitution would need to dissolve the various states. This could be done by simply no longer even mentioning them.
2. A specific standard for establishing voting districts will need to be created in such a way as to make gerrymandering impossible. This also needs to take into account that without states, Senators will need to be selected in a different manner. Perhaps each senatorial district will be divided into 15 representative districts.
3. The ability of the government to tax should be specified.
4. Individual rights will need to be enumerated. I would think most, if not all, of the current rights should be included. I would also include the right to make decisions regarding one's own body without interference by the government.
5. I think the current government structure is fine with its three branches. It would be a good idea to specify the Supreme Court does have the ability to decide cases under the Constitution and nullify any laws it deems in violation of the Constitution.
6. Local governments will still be needed to handle things like zoning laws and building codes. Provision should be made for this but all such governments should be subordinate to the central government.
7. I would suggest elections be government funded with private funds being prohibited.
8. Any member of the government who accepts money or gifts, whether with the intent to sell influence or not, shall be guilty of a felony.
I expect there are lots more, but it's a start.
Number 1 - No. I think the various states have proved their worth in diffusing central power that could be dangerous and deadly to liberty when such power is concentrated in the wrong hands. A central government with power to control everything is fine if you have a noble, wise, and benevolent dictator in charge. Not so fine with a self-serving dicttator in charge. When you concentrate all the power at the top, the power generally chooses to do whatever it darn well pleases and there is absolutely no remedy for that.
Number 2 - okay re gerrymandering. But since I won't agree to dissolving the states, a different way of selecting senators is on the table for me, but not having the same number of senators for each state is not.
Number 3 - absolutely the Constitution should specify what power the federal government will have to tax and strict limits on that power.
Number 4 - I think enumerating individual rights are impossible. We can touch on the basics as the current constitution does, but an improved constitution should define, recognize, and protect unalienable rights that it would be impractical, if not impossible, to enumerate.
Number 5 - The Supreme Court should be busted back to its original authority of settling disputes regarding interpretation of the law and should be given no authority to nullify any law passed by Congress nor to make any kind of law on its own.
Number 6 - The local government, i.e. the people, should govern themselves and the authority of the federal government over them should be extremely limited. That is what liberty is.
Number 7 - I would vote no on this one too. The people should not be restricted on how they are able to use their own money/property in their own interest so long as they do not infringe on the rights of anybody else. Limit what they can buy from their elected representatives, yes. Limit their own liberty, no.
Number 8 - A wonderful concept and such laws already exist, but under the existing system in is fathomless scope and complexity, there is simply no way to monitor or enforce these laws. The only remedy for such corruption is to strictly limit the powers of the federal government and those who administrate such powers so that any corruption or graft is much more visible and manageable.
So here we have some areas of agreement and some broad areas of disagreement. Much as was the case when the folks in the 18th century started the process.