0 votes

Weak spots in the U.S. Constitution?

Do you find any spots in the US Constitution that you wish had been written more strongly or explicitly to guarantee our rights? Were some things that should be in there left out altogether?

If you could edit or add to it today, based upon your current level of wisdom, what would you write?

Jack Pelham
Rule of Law Revolution
www.ruleoflawrevolution.com




Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Suggestion.

Government like churches should ask for donations and not be able to impose taxes.
grant

That'd be nice, wouldn't it?

I await the subsequent posts telling both you and I how wrong we are, and how government is so great everyone simply MUST be forced to pay for it.

Weak spots in the U.S. Constitution?

Voting Class vs Voting Block

It allows for Lobbying (Purchasing or Selling of other's Individual Liberty)

It allows for Voting Abdication of Self-Rule or the Theft of Anothers

It is an instrument of Perpetual War and Revolution

It is a Red Light at 3am -- Everyone runs it.

Octobox

Most Obviously...

...Is the 17th Amendment, which stripped the States of their representation in the Federal Government.
Next, and just as serious is the Supreme Court. It's members were not defined or fixed, which allowed FDR to stack the Courts. Secondly, their appointments should come from the States and/or the People and not the Federal Government (executive). Consider this, The federal Government makes the rules, enforces the rules and is referee over the rules. It's a rigged game in it's current form.

reedr3v's picture

bump

.

lottery not elections

I think the representatives of the people should be selected by lottery, not by election.

Why?

The kinds of people who crave power and seek election are frequently deficient in the wisdom department. Public office seems to attract a lot of sociopaths, which means big trouble for moose and squirrel.

Article the First

the very first, and most requested amendment was never ratified. (due to either a serious grammatical change, or sabotage.)

There are other flaws, or things that were in the Articles of Confederation but left out of the Constitution that would have been important to keep but limiting the size of Congressional districts has to be #1 on my list. Districts currently range in size from over 500K to almost 1M people. No one person can represent that many constituents. The number of representatives is not nearly as important as the number of constituents he/she has. The founders distrusted districts larger than 30,000. They were willing to accept as large as 50,000 but no more. There are HUGE improvements that would result by smaller Congressional districts. 435 is an arbitrary number, and there is no legitimate reason for it. Most of our problems stem back to the fixing of the size of the house. (districts were already too large then, and we were already seeing the effects at the time)

We also need to add back 3/4 rules for incurring debt, going to war, etc. We'd be a lot better off if we had retained those from the AoC.

The AoC also had term limits on both Congress and the President. (yes there was a president) No one could serve more than 3 years in any six as a representative, nor more than one year in any three as president.

The Committee of the States is an interesting implementation of the executive branch. Perhaps we should re-examine it in light of our current Imperial Presidency that continuously steals powers from the States.

I also like the idea of a very limited and non permanent judiciary. Courts should be convened only when needed to settle inter-state disputes. Then disbanded once the case is settled. A non permanent judiciary will have a hard time being entrenched and take on the role of making policy rather then applying the law.

Good Post

Indeed there were presidents under the AOC. We learn as children that George Washington was the first president. If historians have gotten that wrong, what else have they told that isn't true?

we complain about government in corporations

but we never thought to remove corporations out of government.

the bill of rights was intended to chain power, as power corrupts.

but our Founders never thought that the power could come in the form of corporations, so they only bound government.

So we need to do one of two things.

Either we need a bill of rights for corporations to prohibit them from government, or we need to stop treating corporations like fictitious people with extra rights.

that is absolutely the weakest part.

try reading this book....

The 5000 Year Leap....If taught in schools, and to those running for ANY political office....we wouldn't be in the fix we're in now. Along with all those rights we're given, we're obligated to perform some duties....we're always yelling for rights but not doing the duties required.

the rights start with the basic foundation of natural law.....the duties start at home.

Remember, there's no such thing as free (nothing is), fair (nothing is) and sorry (no one REALLY is).

If voters did their due diligence when checking out who's running for office, as they should.....then we can only blame ourselves. Anyone "seeking" office probably shouldn't be running. It starts with the individual part of "we the people", progressing through local and up from there.

Anyone running for office should do it out of sacrifice to his fellow man....expecting nothing in return but satisfaction for doing a good job, while holding down a day job.

Read the book.....it's a very good lesson in civics, which they haven't taught in schools for years. And as for the Constitution, it should be a bible of sorts as to how to run a prosperous, free republic with little help from the feds. Ron Paul knows precisely what I'm talking about; he obviously read the book.

hmj

hmj

"there's no such thing as free"

You say above that "there's no such thing as free"

I guess it goes without saying then that you don't believe in liberty.

Why? Liberty never has been free....

It is only bought at great price, in blood and lives.

And why exactly is that? Here, I'll help...

Due to the violence that certain people are willing to commit. People like those in the government.

Isn't it time to grow the hell up and stop basing our entire society on the premise that we all need to have one big bad ass bully that will tell us all how it's going to be?

one more thing

NONE who participated in writing the Constitution did it without a lot of thinking first....and praying.

hmj

hmj

Did you mean praying or preying?

Somehow I just can't conceive of Alexander Hamilton praying, but then I wasn't there.

jeez - what do YOU think?

I sincerely hope you were being facetious....

hmj

2nd Amendment should have been written like this:

The right of Citizens to keep and bear Arms are absolute and can never under any circumstances not even under national Emergency be taken away by any means. No limits can ever be placed on these rights.
The same goes for the every amendment. The rights described are absolute and can never ever for any reason be taken away.
Congress, Senate, The presidents cabinet and the judicial Branch can absolutely never give them selves raises or take any corporate donations and NEVER EVER ALLOWED TO RECEIVE VISITS FROM LOBBYISTS.
No bill can be passed without every member of the house having read it.
No government representative can lie to an American Citizen punishable by water boarding. Only elected officials while holding office can be water boarded. Ordinary Citizens can never be water boarded.

Any Citizen traveling abroad does so under the full protection of the US Government. The US government will do whatever it takes to protect it's Citizens no matter where they are in the world. It is the duty and obligation of the President and congress to protect every American Citizen and failure to do so is Treason punishable by Hanging only.
Giving Tax benefits for Companies moving manufacturing overseas is Treason against The American Citizenry and punishable by water boarding followed by hanging.

Geez Louise.

Are you going to fix it where all of america gets to share in the law making? I mean REALLY share.

You can't can you. Why, because it's not possible. There is no way, every american can be represented in a fair manner or have a voice in this system. You get to pick a pawn, that's it. It's still the centralized group running the show. The masses will continue to be duped into fighting partisan politics, never seeing the deception.

Im really suprised at the number of people who say we don't need lobbyists, or our so-called elected officials shouldn't allow themselves pay raises, no bill should be passed without them reading it, no waterboarding ect..........

But, they're fine with taxation. Hey if you're ok with FORCE ( stop trying to justify it! SEE IT FOR WHAT IT IS!!!!! ) then you should be fine and dandy with everything else they do.

individual secession

I guess I'll keep saying this. I'm not sure how many of you actually consider it.

"All of the privileges granted to this government in this constitution are temporary. Those who grant them(the signers) will be able to take them back at any time without the threat of violence from this government."

Free yourself.

Repent, for the reign of YaHUaH is near!

As soon as you can secure

As soon as you can secure the protection of seceding individuals from non-seceders that view them as free riders or just bad people in general with more than just wishful thinking, I'll consider it.

Basic economics: incentive vs disincentive.

Ventura 2012

Any constitution that

Any constitution that creates a government that is aggressive towards non-violent non-citizens is morally bankrupt. Even if it was practical(it's not), it would still be immoral.

Free yourself.

Repent, for the reign of YaHUaH is near!

Agree 100%

This is the ultimate check on an oppressive central goverment. When the governed no longer consent they seek a better deal.
Some would confuse consent of the governed with consent of the majority.
If that were true no minority could ever be free of its own volition, and would be subject to the will of the majority. Some would forever be captives.

And in either of your examples, might makes right, right?

Who cares about civility when you can just force submission and declare yourself righteous?

No piece of paper, by itself, is going to establish or insure

liberty or restrain government that is determined to overcome any such expressed restraints. The state legislates, enforces and judicially "interprets" any and all such organizing documents in accordance with their objectives. Such interpretations are assigned the status of Holy Writ by a population for whom the value of, and desire for, liberty has diminished. A different wording here and there would only serve to call upon different official legislative, executive or judicial rationalizations or cleverly phrased specious interpretations of selective pieces of historical fact as to why any such document or phrasing should, and for the purposes of the State does, mean something slightly different than originally intended. Use of the words "necessary", "inherent" and "implied" come to mind in various historical judicial diversions and constructions concerning a basic organizing document that itself was the product of political compromise. To make use of a familiar observation, the fault lies not in our stars but in ourselves.
_________________________________________
"An economy built on fiat money is a society on its way to ashes."

_________________________________________
"An economy built on fiat money is a society on its way to ashes."

I agree, no matter the worth of a constitution,

statists will seek to do away with limits to the government's power. Those who value liberty first, must give way if they're passive. Treating the constitution as Holy Writ, at whatever point in its history, means not working to amend it The reasoning being if it's perfect, there's no need to amend. That means the freedom lovers just complain about the statists.
We should remember that a constitution is not an end, but a means to safeguard our freedoms. To compete with the statists we must always be ready to amend any constitution.
Otherwise we suffer from the ratchet effect, Statist win or break even if they fail. Those who support freedom either break even if we win, or lose if we fail. This means over time the statists prevail.

I would have clarified:

I would have clarified: Necessary and proper, commerce, limitations on the Federal governments monetary powers, and judicial review.

Ventura 2012

We the People's picture

Weak Spots are Criminal Congressmen Violating Their Oaths.


If I could change one thing, I would be arresting and charging every single congressman voting in favor of unconstitutional legislation with treason against America.


Ron Paul's Convention Speech

Wow, a thread blast from the past!

I love the question, because it makes the mistaken assumption that the US Constitution was written to guarantee anyone's rights.

I'm still left wondering how anyone could write a document that 'freed' me before I was even born by claiming authority to enslave me once I was. Further, I've never gotten an answer about how the US Constitution creates any legal obligation between myself and anyone else. After all, it's not a contract. So what is it then, other than a declaration made over two hundred years ago by a bunch of violent criminals who were fed up with the violent criminals who were stealing from them?

You are right. The person

You are right. The person responding doesn't know what they're talking about.

And to your last point, here is a great comment by George Carlin (John Adams excluded...not a slave owner):

"This country was founded by a group of slave owners who wanted to be free. Am I right? A group of slave owners who wanted to be free! So they killed a lot of white English people in order to continue owning their black African people, so they could wipe out the rest of the red Indian people, in order to move west and steal the rest of the land from the brown Mexican people, giving them a place to take off and drop their nuclear weapons on the yellow Japanese people. You know what the motto for this country ought to be? 'You give us a color, we'll wipe it out.'"

Sorry to disagree but,,,

An oath "is" a verbal contract ! In the old days an oath was considered a sacred promise backed by a family name or honorable position.
A judge is called your honor because he has taken an "oath" to uphold the laws that have already been written and approved by our form of government.

Now Mr none, apparently you have never taken any oath, there fore you don't have to obey any laws unless a judge decides you have broken a law, in which case you get to plead your case in court, guaranteed by the U.S. Constitution.

The Constitution is a document that "Limits" the power of government officials if followed correctly. The Bill of Rights was written for people that have taken an oath to uphold the "Laws" of the Constitution, not you !

As far as taxation making you a slave, I agree, that's exactly why Ron Paul wants to abolish the IRS !
It's a blatant violation of Amendment 14 which states:
" Nor shall any state deprive any person of life, liberty, or property { your income is your property } without due process.
Unfortunately for all of us the crooked bankers took over the government in 1913 when Amendment 16 was ratified, some say illegally.
Ron Paul also wants to repeal Amendment 16 but guess what our///your elected congressmen and senators wont back him.

Ron Paul Is My President !

beesting