View Full Version : A Second Constitutional Convention
An interesting piece from academia on that relic of the 18th century, the Constitution. Why it doesn't work, why it should be thrown in the shredder and how a new one will make everything fair..
Excerpt......
As things stand now, our Constitution is woefully unequipped to deal with the problems of the twenty-first century. We the people deserve better.
http://dailycollegian.com/2012/03/04/a-second-constitutional-convention/
longrange1947
03-05-2012, 08:28
Another useful idiot. :munchin
Be careful what you ask for - you just may get it.
IIRC when you open one up it's game on for the Good Idea Fairy. Majority rules - and we see how that's going.
DevilSide
03-05-2012, 08:36
Sounds to me like someone wants it re-written to better serve themselves.
lol The current batch of political leaders have found more ways to skirt the Constitution than they have the Ten Commandments. It's nothing more than an impediment to Progressives and one of the treasures Conservatives won't get off their asses to defend.
As important as the Document is, respect for the stewards elected to maintain adherence to its mandates is crucial; the contemporary politicians on both sides of the aisle have done their best to erode that respect as well as confidence in the necessity of the Constitution itself.
If you gave Progressives a chance to re-write it, they'd throw the old one out with disgust. Wouldn't even wipe their asses with it.
craigepo
03-05-2012, 09:32
Well, at least it didn't take much reading to decipher which political leaning the author had.
"Other constitutions, especially those highlighted by Ginsburg, explicitly protect basic human rights such as the right to sufficient food, healthcare and education. Lacking such basic provisions of fairness and justice, the U.S. Constitution risks becoming an anachronism in the constitutional landscape of the 21st century."
From my own logic, I don't see how I derive a "human right" that mandates the taking of either property or services from another. If I have a right to food, what does that say to the farmer who grows the food. Likewise, if I have a right to healthcare, does the nurse have to provide my health services for free? At what point does the author's newly-found human rights foist either servitude or slavery upon others?
"The Second Amendment, a true artifact of the 18th century, should also be jettisoned. Contrary to the views of conservative justices on the Supreme Court, the amendment only protects the right to bear arms in conjunction with service in a well-regulated militia. While the Framers of the Constitution intended the Second Amendment to curb the arbitrary use of power by the federal government, not even a million gun-slinging Texans could hope to counter the power of the U.S. government today, backed in full force by the world’s largest nuclear arsenal. In light of this week’s tragic shootings at a high school in Ohio, it should be clear to any logical observer that the Second Amendment serves no meaningful purpose in the 21st century."
Too easy.
"A general right to privacy, already recognized by the Supreme Court, should also be included."
This innocuous-sounding snippet might have slipped past some, hidden as it was in the middle of a paragraph. This "right of privacy", which does not exist in the Constitution, is what allowed the US Supreme Court to find a right to abortion in Roe. v. Wade. Scary thought---if the US Supreme Court will create a "right" out of thin air to approve an activity, does a line exist that they may not cross?
"As things stand now, our Constitution is woefully unequipped to deal with the problems of the twenty-first century."
I am amazed at how dependent some of our population has become. It is hard to believe that some people are the offspring of settlers who boarded wooden boats, sailed across an ocean, put their stuff in wagons, the travelled across a country in the hope of being free.
Sounds to me like someone wants it re-written to better serve themselves.Unlike the original constitutional convention.<<LINK (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html)>>
Badger52
03-05-2012, 11:16
Be careful what you ask for - you just may get it.
IIRC when you open one up it's game on for the Good Idea Fairy. Majority rules - and we see how that's going.POTD for the win.
Blood would flow, lots of it. And the myopic would wake up & find themselves someone else's colony again.
Waste of bandwidth over a college students article from UMass.
This is the kind of drivel being promoted by the liberal elitists of this country. Our Constitution has survived this long BECAUSE it is the epitome of what a Constitution should be. As Mr. Sweeney puts it, the 2nd Amendment is an anachronism. Liberals want to dismantle the 2nd Amendment because they will then be free to dismantle the rest of the Constitution. It is no coincidence that we are THE most free nation in the world. It is a direct result of this document. Any Constitutional erosions that are present today are a direct result of intentional misinterpretation and political activism.
Unlike the original constitutional convention.<<LINK (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/convention1787.html)>>
Sigba, you may be a great guy but I suspect at some point I'd just punch your ass out ;)
What part of the Constitution is inadequate for today's world?
If 3/5ths of the Country feel something needs to be added, taken out, or ammended, there is a process for that. The reason that changes have not been made to incorporate some of the suggestions mentioned is due to their controversial nature and the lack of support from an overwhelming majority of the population.
For what its worth, a new Constitutional Convention could well lead to a disaster of epic magnitude. Anything could be enacted, from making us Communist to instituting a Theocracy. There is nothing to say that the ratification process (determined by the same body that drafts the new document) would not be rigged in some way. Highly, highly dangerous....especially since any and all delegates would likely be partisan hacks of all flavors out to institute a narrow agenda, whatever 'We the People' want or don't want, or what's best for the nation.
DesertRat
03-05-2012, 19:29
lol The current batch of political leaders have found more ways to skirt the Constitution than they have the Ten Commandments. It's nothing more than an impediment to Progressives and one of the treasures Conservatives won't get off their asses to defend.
As important as the Document is, respect for the stewards elected to maintain adherence to its mandates is crucial; the contemporary politicians on both sides of the aisle have done their best to erode that respect as well as confidence in the necessity of the Constitution itself.
If you gave Progressives a chance to re-write it, they'd throw the old one out with disgust. Wouldn't even wipe their asses with it.
I agree 100%
mojaveman
03-05-2012, 20:08
The Second Ammendment should be jettisoned?
Mr. Sweeny there is going to make himself a lot of enemies.
ddoering
03-06-2012, 06:38
"The Second Amendment, a true artifact of the 18th century, should also be jettisoned. Contrary to the views of conservative justices on the Supreme Court, the amendment only protects the right to bear arms in conjunction with service in a well-regulated militia. While the Framers of the Constitution intended the Second Amendment to curb the arbitrary use of power by the federal government, not even a million gun-slinging Texans could hope to counter the power of the U.S. government today, backed in full force by the world’s largest nuclear arsenal. In light of this week’s tragic shootings at a high school in Ohio, it should be clear to any logical observer that the Second Amendment serves no meaningful purpose in the 21st century."
This part is too funny. By making it seem antiquated, and unrealistic he hopes to minimize this basic right as being already OBE. Perhaps he should tell the Taliban that. You don't have to beat the US military. You only have to beat/outlast the political leaders. Given the history of Vietnam and Afghanistan I would say that is between 10-12 years. Unless something extraordinary were to occur.....
I guess he thinks the US government would nuke an unruly part of the country. I wonder how that would play to public opinion in the rest of the country.
Maybe we should just skip voting this year until the leadership gets this all sorted out. :rolleyes:
greenberetTFS
03-06-2012, 12:36
Sigba, you may be a great guy but I suspect at some point I'd just punch your ass out ;)
I know exactly what you mean.......:rolleyes:
Big Teddy :munchin
Badger52
03-06-2012, 13:17
The Second Ammendment should be jettisoned?
Mr. Sweeny there is going to make himself a lot of enemies.Hamilton, among others, fought a hard battle between Articles and a ratified (i.e., "sold to the buyers") Constitution. He was leery of a Bill of Rights in the first place for 2 reasons:
- the very "listing" of a right on a list potentially made it vulnerable to "reasonable regulation" (in whose eyes?) and the subsequent screwing with it from its intent, OR,
- the existence of something on a list opened the door to its continual expansion to the point where anything anyone wanted to do became "my right."
His view was that the very small list of stuff the Guv is allowed to do was already in the Constitution. "If it ain't there, hands off." Example: No reason to list rights of the press; Big G doesn't have the power to regulate them anyway - should be non-issue. Cowards let the G grow too big a very long time ago. Ol' Alexander looks pretty prescient lookin' back... he just might've been on to something.
Nowadays if someone has to eat their veggies or do their homework, someone's getting their rights violated. Criminy.
:rolleyes:
I imagine a similar process were this farce to be carried through and, given the current weak-kneed constitution of many Americans, may the best spin-doctor win.
Destrier
03-06-2012, 13:43
'In light of this week’s tragic shootings at a high school in Ohio, it should be clear to any logical observer that the Second Amendment serves no meaningful purpose in the 21st century." (written by some numnut)
I did not hear of any firearms being on the scene in Ohio except the kid doing the shooting.
Maybe if the writer cannot find a meaningful purpose in the 2nd Amendment, perhaps he is not doing it right.
As the Battle of Athens illustrates that the 2A can assist with state and local matters as well as federal matters.
www.youtube.com/watch?feature=...dded&v=U5ut6yPrObw#!
The Battle Of Athens
Lones Seiber
February/march 1985. | Volume 36, Issue 2
The GIs came home to find that a political machine had taken over their Tennessee county. What they did about it astounded the nation.
http://www.americanheritage.com/content/battle-athens
Excerpt:
In McMinn County, Tennessee, in the early 1940s, the question was not if you farmed, but where you farmed. Athens, the county seat, lay between Knoxville and Chattanooga along U.S. Highway 11, which wound its way through eastern Tennessee. This was the meeting place for farmers from all the surrounding communities. Traveling along narrow roads planted with signs urging them to “See Rock City” and “Get Right with God,” they would gather on Saturdays beneath the courthouse elms to discuss politics and crops. There were barely seven thousand people in Athens, and many of its streets were still unpaved. The two “big” cities some fifty miles away had not yet begun their inevitable expansion, and the farmers’ lives were simple and essentially unaffected by what they would have called the “modern world.” Many of them were without electricity. The land, their families, religion, politics, and the war dominated their talk and thoughts. They learned about God from the family Bible and in tiny chapels along yellow-dust roads. Their newspaper, the*Daily Post-Athenian*, told them something of politics and war, but since it chose to avoid intrigue or scandal, a story that smacked of both could be found only in the conversations of the folks who milled about the courthouse lawn on Saturdays.