Discussion: What are the major flaws in the Constitution?
Submitted by atrickpay on Fri, 05/02/2008 - 11:11
a) I was never comfortable with how the Congress was granted the power to coin money. Why on earth would you want to leave that in the hands of a government?
b) Also, handing Congress the power to regulate commerce among the states...that's fascism according to Ayn Rand's definition!
Q: What are your beefs with the Constitution?
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The government had to take
The government had to take on a debt at the founding to be able and receive loans to get the government going. Debt is not a bad thing if it is kept under control.
The problem I think we've had is expanding government power too much. Tell me where in the Constitution does it give the government the power to force a DUI limit on the states, mandate educational standards, etc.? Simply put, it doesn't. And unless the PEOPLE through the states hold the government accountable, it is going to run amuck.
The problem is federalism was destroyed too long ago. The federal government was given 17 powers by the Constitution and NO MORE. The rest of the powers are reserved for the states, which should be filtered down to even more local levels with township, village, city and county government. This is how a republic is supposed to work.
The Constitution is vagued
The Constitution is vagued because it had to be that way to pass. You had so many different interests at the convention that a detailed document would never be passed. There was also some thought as to having the Constitution as a living document.
I think the worst thing about the Constitution is slavery in it. But this had to be done or we would have had a Civil War when we could least afford it. The issue was put off for a day where we'd be able to handle it better, even though the war was very bloody and messy, it was one of the 'better' Civil Wars in history in terms of reprisals, etc. Too often today we look back at the founding and say how could they allow slavery and some of these other things from a 21st century prospective. We've evolved for the better with giving equal liberty, but we can't take our 21st century thoughts and apply them to the 18th century. For starters, slavery was common in the world. The movement was just starting really to abolish the it. And this country would have never came into being if slavery was outlawed.
The Congress needs power to regulate interstate commerce. If there is no authority to do that, you will have states going to war with each other. This almost happened between I believe it was Pennsylvania and Maryland before the Constitution.
I believe the ultimate problem comes from a quite frankly lazy citizenry. Citizens have to protect their liberty and keep a watchful eye on all government. A state government can be just anti-liberty as a national government. Look at the red light cameras and other items. American Idol easily beats the State of the Union on TV. As long as a lot of people have their beer, football, 'non-reality' TV, etc, they don't care about their liberty. They take it for granted. The mainstream media also does not give our citizens the information they need to make informed decisions, which helps the process.
Ideally most government decisions are NOT made by the federal or state governments. They are made at the local level in a county or city. For especially the federal government to make mandates about education to the states would not be tolerated by the founders.
Gov't regulation of interstate commerce: if one extracts the...
same principle, that the regulation is necessary to prevent the states from going to war, and applies it to countries, wouldn't one conclude that a world-government is needed?
I think it is really sad that all of you with all these opinions
know not of what you speak. READ THE CONSTITUTION BEFORE YOU HAVE AN OPINION ON IT!
Read it before you were born
Your not refering to my comment I think.
Larry Mann
When Ron Paul speaks he get's down to specifics
You however are being vague because you are simply conjuring up words that seem to sound good. I bet not one person here has even read the constitution but has opinions about something they know nothing of.
No flaws conceptually, but
No flaws conceptually, but the wording is too vague. Hence, a HUGE, HUGE flaw.
What was vague
Which part?
who was the first president
do you know?
It was a good idea for congress to regulate money
because they are only allowed to regulate it as the constitution prescribes.
The real problem is the people who know nothing, don't do nothing, won't learn anything. Just give them football and beer that is basically all they care about.
But where are the people? Why don't they read the constitution and ,make sure that congress follows the law.
When it gets down to it it really falls back on the people...
Who here has read the Constitution? Not many if any I bet.
Good for a government to regulate money?
I sharply disagree. What is the specific philosophical principle that you are employing to arrive at that conclusion Eilif?
Since the money permeates the entire market, it is necessary that that it not be regulated by government. If this doesn't happen there won't be very much of a free-market...
With the benefit of
With the benefit of hindsight, I think the main ‘flaw’ is that it was not written specifically enough. The ideals, and prescriptions for reaching them, it embodies, have likely never been matched in any society at any point in time. Yet, by choosing wording vague enough to allow quite some leeway with respect to how it is interpreted, the founders left the door ajar for those who would, slowly but surely, replace the document’s original intent with one more suited to their own devious ends.
obviously you have not read it
You are just guessing. Why don't you read it. IT WAS SPECIFIC!
I agree
When I was in high school, my teachers would tell us that the Constitution was designed to be elastic so that its interpretation can vary depending on the current times. It took me many years to undo the brainwashing done by our public education here in NYC.
*Cringe*
Mine too! I'm never putting my kids in public school.
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"We will never give up. We will never give in." - Dr. Ron Paul
I disagree... slightly.
I have no problem with having a "living" document, but I do agree that more needs to be done to safeguard the document. I think that one of the problems I have is that the Judicial Branch is completely appointed at its highest level. We vote locally for some of the Judicial positions, but not for the Supreme Court. This gives any sitting President, which cannot be usurped by the People very easily, the opportunity to make their imprint on that Branch.
I agree with most of the other concepts in this thread though! It's interesting, you'd think that with all these dumb committees out there, someone would form a Constitution Review group or something... some sort of movement to propose real Amendment to the Constitution to fix some of these issues or address ones that have arisen due to technological advancement.
since the judiciary are suppossed to be the safeguard of the
Fortune Favors the Bold
constitution, it makes sense for them not to be elected. that way, only as few can be changed at one time, and the interpretation of the constitution can not be made dependent on the political whims of the moment. The problem is that congress has failed to exert its check on the judiciary, not stripping them of authority when they exceed it.
Fortune Favors the Bold
The principal source of any such flaw or flaws lies not
in the Constitution as established by the founding fathers and the intent behind it, as clearly outlined in the writings and debates of that time.
The flaw lies in the misinterpretation, misapplication and outright defiance of the intent of the document as has been experienced by the actions of all three branches of our federal government.
_________________________________________
"An economy built on fiat money is a society on its way to ashes."
What about the monopoly that was given to
the government to deliver mail? :-)
Why on earth is that needed?
yeah, that is outdated
Fortune Favors the Bold
they don't really have a monopoly, but at the time, it was necessary for the government to function, since the various states and local governments had to be able to communicate with washington, and there was no mass communication
Fortune Favors the Bold
As far as I know that is incorrect
What do you mean that they don't have a monopoly? They still have one today one the delivery of certain types of mail AFAIK.
And why would it have been necessary at the time for the gov't to function? Why not just leave it to the market?
Two obvious flaws:
First, the Constitution created a central government with too much power, even at the start. (Of course, ANY central government -- any group which uses coercion even just for funding -- has too much power. Civilized people do not use coercion with each other).
Second, there are no real penalties for abuse of power by federal officials. An unconstitutional law is passed: any penalties for the legislators who voted for the law? Nope. An unconstitutional agency is created and wreaks havoc upon the citizens. Penalties for those responsible? Nope.
YOU can get arrested and imprisoned for dang near anything; THEY can violate the highest law of the land with near-total impunity.
Great point.
In that sense, you make an excellent point.
- Javi
https://www.facebook.com/pages/Furious-Primates/213314918711...
No flaws!
To truly grasp the Constitution, may I suggest everyone who has not already, read the Federalist Papers. This site is awesome! http://www.foundingfathers.info/federalistpapers/fedindex.htm
"Truth is treason in the Empire of Lies."
My biggest beef is the 14th
My biggest beef is the 14th Amendment....corporate America has used it to designate themselves as individuals http://www.freedocumentaries.org/film.php?id=102
**the soul would have no rainbow if the eyes had no tears**
the 14th was never ratified
they congress illegally adapted it.
i think the 14th is crucial
Fortune Favors the Bold
without it, there would be no supremacy clause. The courts misconstrued it to create "corporate personhood" in my opinion.
Fortune Favors the Bold
Digg It
Digg It Here:
http://digg.com/business_finance/The_Corporation_11
Everyone should see this film, absolutely everyone.
I wanted to merely edit my above comment but my edit function isn't available ...:(
**the soul would have no rainbow if the eyes had no tears**
And us as their slaves.
And us as their slaves. Watch this video.
http://www.youtube.com/watch?v=y4xV4MTnCdc
http://www.pacinlaw.org/introduction.php
It was a compromise
The declaration of Independence was the opperative statement. The lawyers wiggled their way in and convinced enough of the patriots to go along with limited govt. The brightest of the freedom loving founders didn't want a govt. There are no govts. in history that have stayed good for the people. What we need to teach in this country is who you are and how to contract with your fellow human beings. Every conversation you have is a form of contract. Every contract has responsibilities attached. If you honor all contracts you win. When a cop gives you a ticket, that is an offer to contract and answer for the fiction all caps name he wants you to answer for. If more of you comprehended this, we could end this soon. Vote for Dr. Paul he is the best yet. I'm still voting "none of the above". To me, chosing a president is a vote for govt. I don't see where I benefit.
Larry Mann