So how does this support a concept that 'the Framers didn't think one way or the other' or that 'nobody knows what they were thinking?' Of course they all had their own individual point of view about the issues they were dealing with, but they did come together in agreement sufficiently to create the Constitution that we have. And we absolutely know 'what they were thinking' when they did it because they left us a wealth of now historical documents, letters, transcripts etc. that inform us very well about 'what they were thinking'.
Really? No. You know what
some were thinking because
some of them put it down in writing. Most people reading this do not know, for example, that some delegates to the CC refused to sign the document because they disagreed, and some even left the convention. Among these was Edmund Randolph, Washington's personal lawyer and the 2nd SoS.
It is simply not true to state that they all came together, sang Kumbaya and founded a nation.
But what happens when those entrusted to protect, defend, and implement the Constitution--the executive, legislative, and judicial branches of government--all fail to do so? There is no 'Constitutional jurisprudence' the people can easily use and case law becomes worthless because it too reflects the corruption that has crept into the system.
All this speaks to the necessity of additional amendments to better restrain an ever overreaching government. Michelsen has offered one.
No it speaks to a group of people not liking recent rulings, making outrageous claims that there is a serious miscarriage of justice taking place, and wanting to change the rules of the game to lessen the power of the institutions and give power to another body and/or group of people.
Whereas if that is the will of the plurality of voters, so it may be the case. But it will (and should) be done through the vote which is the only legitimate means of altering the founding documents.
I have posted extensively that three members of the Constitutional convention refused to sign the original Constitution or support it until the Bill of Rights was added, and nobody got everything they wanted in the Constitution they adopted, so if anybody here doesn't know that, they have not been reading the thread.
How else could we possibly know the thoughts of those people important to our history without reading those thoughts that are written down? But since those thoughts WERE written down, we can know what the Founders were thinking.
Wrong.
If you write down what you're thinking, I know nothing other than what you're thinking.
If your significant other writes down what you're thinking, I'm getting their take on what you're thinking.
If someone who spends 6-8 hours a day in a room with you writes down what you're thinking, I get even less than that.
You have zero idea what 50-60 men were thinking 240 years ago.
We know what they agreed to and that is basically it.
The reasons for the agreement may have been any number of reasons. Washington (the man), for example was held in awe by many who attended--was elected unanimously by it's members decades after his heroics on the battlefield. If he had some ulterior motive on one front or another, it likely would not have been widely discussed or published. Franklin was another who was larger than life in the eyes of many. Read Pierce's writings on the man...."The heavens obey him...." Hell, the "corruption" that you guys have magically just discovered may have been at play in that very room. Who knows if one, more, some, or all of those agreeing prospered personally from agreeing to let a document go forward. Much less is known about the ratifications in the individual states and what form of horse-trading took shape then and there.
I'm certainly not stating it was present but I'm certainly not ruling it out. Any more (or less) than it can be ruled in or out by what we think we know based on some notes taken by a few members of the group.
Anyway, outside of the agreements reached, we know little. Anyone who swears they know the intentions, motivations, or even if the 50-60 men regretted their actions (or not) later in life is not being truthful. For one thing. Some of the delegates died untimely deaths. Others lived lives of quiet reflection. Some were victims of scandal and others went on to hold high public office where they may have been blessed/cursed by the document they agreed to thus creating regret or affection.
Surely we know some of the stories but the entire picture cannot be known.
And to assume that we are discussing altering the founding documents is just silly. We are discussing a remedy to an overreaching authoritarian government that has corrupted much of the intent of the Constitution. Michelsen's amendment addresses that specifically and offers a remedy. Let's focus on that. If you don't like his solution, then say how you would amend it or offer your own.
Some believe all that would be necessary to accomplish that remedy would be to repeal the 17th Amendment. I am not at all convinced of that for reasons I have already posted.
I have.
The solution is voting. We get the government we deserve; have for 239 years.
When people do not become engaged citizens, let the parties run the government, and or allow corruption to take root; the parties do what is best for them (which is why you have congressional districts shaped like a decaying corpse) and the corrupt continue to be corrupt (did you know Rick Perry was retired while he was the Governor of Texas and was drawing both a pension and a salary from the State????)
If you want to change things, vote. It's really that simple.
PS: Not everyone who runs for office is corrupt. That's a cop-out.