Discussion: What are the major flaws in the Constitution?

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 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.

know not of what you speak. READ THE CONSTITUTION BEFORE YOU HAVE AN OPINION ON IT!

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 the wording is too vague. Hence, a HUGE, HUGE flaw.

do you know?

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.

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.

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.

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.

To truly grasp the Constitution, may I suggest everyone who has not already, read the Federalist Papers. This site is awesome! http://www.foundingfather...

My biggest beef is the 14th Amendment....corporate America has used it to designate themselves as individuals http://www.freedocumentar...

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.

Interstate commerce clause - this is written to vaguely and has been used by the Federal government to regulate pretty much everything.

Cruel and usual punishent - too vague

It doesn't clearly explain that the only type of right that exists is an individual right.

Overall, it was written for educated people who have an understanding of the fundamentals behind the Constitution, but a document like this should assume ZERO intelligence and spell out everything, and it wouldn't have to be any larger really.

then one day I decided to ask one question: Have you read it as I have?
Almost everyone said no they had not. So I stopped discussing the constitution with people who had yet to read it like this idiot who says clearly there are flaws. It is not a lot of law to read. It is just a pamphlet but why won;t you read it?

the second flaw is that you have not read it but assume there is a flaw.
thirs is they add amendments to the constitution illegally by not proprerly ratifying them

And before you quote Ayn Rand do a little more reading.

hjschaapman

The Elected Representatives of the United States SHALL NOT loan any individual, group of individuals or other country on the planet with funds derived from the taxpayers from taxes, stamps, licenses, court fees, fines, which loan amount is not secured contractually by that government irrevocably for payback to the U.S.A. Treasury with interest and then only when there is not a single project in the USA left un-funded.

U.S. Currency/loans may NOT gratuitously be given to any individual or foreign government under any circumstances ever. Disaster relief for any country on the planet will be provided conditional to the receiving country's agreement that the cost to the USA is a contractual obligation by that country to pay back the loan over time when they are able to do so.

-DR. ROBERT INGRAM POWELL