We need a new Constitution, yes or no?

[dblack]

just came across an interesting article in Wikipedia about features in the longest lasting, most stable Democracies/Republics. See the chart towards end of article. most have parlimentary systems with party list voting. they also have less strong judicial review.
How Democratic Is the American Constitution? - Wikipedia, the free encyclopedia

The movement away from judicial review (AKA constitutionally limited government) and toward democracy as the primary check on state power, tracks the devolution of the liberal movement. What began as an egalitarian movement to establish and protect individual rights, has morphed into full-on corporatism.

I disagree, (I think). Corporatism is a problem but has been aided by excessive judicial power.

I guess it depends on what you mean my 'corporatism'. I'm referring to the style of government that eschews the equal protection of individual rights if favor of class-based rights and interest group privilege. See: Corporatism

The lack of judicial oversight has allowed government to expand its influence and become the 'manager' of society, rather than its referee.

 

[dcraelin]

The movement away from judicial review (AKA constitutionally limited government) and toward democracy as the primary check on state power, tracks the devolution of the liberal movement. What began as an egalitarian movement to establish and protect individual rights, has morphed into full-on corporatism.

I disagree, (I think). Corporatism is a problem but has been aided by excessive judicial power.

I guess it depends on what you mean my 'corporatism'. I'm referring to the style of government that eschews the equal protection of individual rights if favor of class-based rights and interest group privilege. See: Corporatism

The lack of judicial oversight has allowed government to expand its influence and become the 'manager' of society, rather than its referee.

law firms tend to serve the interests of the highest bidder....and judges all come from law firms. I see no evidence of "class-based rights" in government.

 

[dblack]

law firms tend to serve the interests of the highest bidder....and judges all come from law firms. I see no evidence of "class-based rights" in government.

I see it all over the place. Everybody gets a different deal. Government today isn't about protecting equal rights, it's about parsing out "incentives, surcharges, exemptions and penalties", all depending on how much political clout your identity group can bring to bear. A court properly enforcing Constitutional limits could keep government from playing these kinds of games, but they've failed to do that.

In the ACA decision, Roberts openly endorsed the practice of using discriminatory taxation to mandate behavior. The broad interpretations of the general welfare clause, and the commerce clause, have neutered the Constitution's capacity to meaningfully limit government power. And, as that aspect of judicial review has fallen away, our government has turned into a means of 'getting one over on the other guy' - using state authority to get something for yourself at someone else's expense. That's corporatism in a nutshell.