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MileHighM -> RE: Republican claim to be strict constitutionalist, but... (8/3/2011 9:51:46 AM)
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quote:
ORIGINAL: lickenforyou
Republican claim to be strict constitutionalist, but they always seem to be proposing new amendments.
This is an incredibly ignorant statement. The constitution was meant to be amended! They placed the rules inside of it for that very purpose. In fact, this is the arguement against the flexible interpretation of the constitution. Courts and other basic legislation must adhere strictly to the constitution becuase it is the stop-gap to mob rule (simple majorities making major legislative decisions). When the people feel so strongly that the constitution must be changed, it takes a super majority to do so. You don't need to flexibly interpret the constitution for the simple fact that it can be changed. The process is set up to make damn sure you have the right idea and avoid political fads (Yes, I know prohibition was an epic cluster fuck, but it was quickly repealed. However, one must note that it was came after a series of unique events in history and wouldn't have otherwise happened hadn't there been so much turmoil).
If the Republicans want to propose a new amendment, let them. They need a super majority to just to move it to a constitutional convention. During which, the states themselves have to ratify it before it becomes law. It is an incredibly difficult process.
However, what most people don't know about history, is that historically, the people loved to amend the constitution. It has really only been in recent history that the people haven't done so. I think it is because you can't get 60% of anybody to agree on anything because of the partisan climate we are in right now.
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