The Constitution has already been scrapped. The indefinite detention provision of the 2012 NDAA is, by itself, proof that the Constitution is no longer in force.
Not that such proof was really needed, given the long history of government violations of the Bill of Rights.
Should a new system of government ever arise to safeguard freedom, it will require a new Constitution with far more effective safeguards than the old. We need to learn from our mistakes. Inter alia, the legal protections of rights will have to be much more explicit to guard against the "creative interpretation" of statist lawyers.
Provisions would also have to be made for more expedient physical enforcement of the new Constitution. One possibility would be the creation of a well-armed government department with NO legal enforcement powers except to arrest other members of the government for constitutional violations. For example, its members would arrest regular police officers who were observed committing acts of brutality. A parallel justice/court system could also be instituted for such purposes. This would be taxpayer-funded to the same extent as any other national defense force.
I'm sure there are other ideas out there, but it's important that there be a realistic, mature discussion of what a post-collapse America should look like.
Brazile is just passing the meme along--the original seems to be an article (by a couple college perfessers) in Salon.
Here's the link: http://www.salon.com/2014/09/27/we_need_a_new_constitution_heres_how_we_save_american_democracy_from_charlatans_loudmouths_and_the_1_percent/
Anybody who doubts that a constitutional convention would be a disaster of truly "Biblical" proportions needs to read the 3rd volume of Bracken's excellent "Enemies" trilogy.
To Anon @6:35 PM; the Constitution, like all other "laws", is just words on paper. Any statute or part of a statute can be ignored, subverted or corrupted. Any time "human discretion" is involved, "rule of men" is the order of the day. Enforcement of anything is a form of power and Lord Acton's Law is pretty much the last word on power. The corollary to Acton's Law is that everyone can be corrupted. As St Paul wrote in the letter to the Roman Church, "There is none righteous, no, not one:"
Anon @ 11:44 PM asked, But how will America then be saved from idiots?
6 comments:
The Constitution has already been scrapped. The indefinite detention provision of the 2012 NDAA is, by itself, proof that the Constitution is no longer in force.
Not that such proof was really needed, given the long history of government violations of the Bill of Rights.
Should a new system of government ever arise to safeguard freedom, it will require a new Constitution with far more effective safeguards than the old. We need to learn from our mistakes. Inter alia, the legal protections of rights will have to be much more explicit to guard against the "creative interpretation" of statist lawyers.
Provisions would also have to be made for more expedient physical enforcement of the new Constitution. One possibility would be the creation of a well-armed government department with NO legal enforcement powers except to arrest other members of the government for constitutional violations. For example, its members would arrest regular police officers who were observed committing acts of brutality. A parallel justice/court system could also be instituted for such purposes. This would be taxpayer-funded to the same extent as any other national defense force.
I'm sure there are other ideas out there, but it's important that there be a realistic, mature discussion of what a post-collapse America should look like.
Brazile is just passing the meme along--the original seems to be an article (by a couple college perfessers) in Salon.
Here's the link: http://www.salon.com/2014/09/27/we_need_a_new_constitution_heres_how_we_save_american_democracy_from_charlatans_loudmouths_and_the_1_percent/
It is worse than you think.
Regards,
But how will America then be saved from idiots?
III
"Animal Farm" should be re-instated as required reading for high schoolers
Yeah, but what's going to save her from appearing on a bottle of pancake syrup?
Anybody who doubts that a constitutional convention would be a disaster of truly "Biblical" proportions needs to read the 3rd volume of Bracken's excellent "Enemies" trilogy.
To Anon @6:35 PM; the Constitution, like all other "laws", is just words on paper. Any statute or part of a statute can be ignored, subverted or corrupted. Any time "human discretion" is involved, "rule of men" is the order of the day. Enforcement of anything is a form of power and Lord Acton's Law is pretty much the last word on power. The corollary to Acton's Law is that everyone can be corrupted. As St Paul wrote in the letter to the Roman Church, "There is none righteous, no, not one:"
Anon @ 11:44 PM asked, But how will America then be saved from idiots?
Short answer is "I cannot be." Google FUBAR.
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