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The United States’ Unamendable Constitution

newyorker.com

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Re: The United States’ Unamendable Constitution

#11

Post by runnerup »

gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

Or constant flip-flopping.

That said, I do feel like we have hugely eroded its protections. It's not worth quite as much when it's just blatantly ignored (Andrew Jackson) or absurdly interpreted (civil asset forfeiture[0]).

0: https://scholarlycommons.law.northwestern.edu/cgi/viewconten... (1997)

Re: The United States’ Unamendable Constitution

#13

Post by advisedwang »

nikanj wrote: post #7
gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

I think the Founding Fathers pictured the government as being democrats and republicans versus problems, not democrats versus republicans.

They didn't even intend for a party system to take hold

Re: The United States’ Unamendable Constitution

#14

Post by cvwright »

jeffbee wrote: post #6
gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

No rational person gives a damn what some guys who died 200 years ago would have thought about our present.

No intelligent person thinks that we got 250 years of relative peace and prosperity by random luck.

Re: The United States’ Unamendable Constitution

#15

Post by johnthuss »

"Seventy-two per cent of Republicans think that the Constitution is basically fine as is; seventy-two per cent of Democrats disagree."

Of course this has nothing to do the actual Constitution. It's a statement about each party's (dis)satisfaction with the current success of their party.

The optimist in me wants to believe that even in this polarized culture politicians could compromise and find a middle ground on many issues, conceding to the other side on one issue in order to get something for their side for another issue. That could be done without any changes to the Constitution. But alas, the middle ground has been lost.

Re: The United States’ Unamendable Constitution

#17

Post by steve76 »

jeffbee wrote: post #6
gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

No rational person gives a damn what some guys who died 200 years ago would have thought about our present.

No post body was provided.

Re: The United States’ Unamendable Constitution

#18

Post by xxpor »

cvwright wrote: post #14
jeffbee wrote: post #6

Earlier quoted context omitted.

No rational person gives a damn what some guys who died 200 years ago would have thought about our present.

No intelligent person thinks that we got 250 years of relative peace and prosperity by random luck.

I don't consider 1860-1964 to be relatively peaceful.

Re: The United States’ Unamendable Constitution

#19

Post by BitwiseFool »

nikanj wrote: post #7
gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

I think the Founding Fathers pictured the government as being democrats and republicans versus problems, not democrats versus republicans.

I remember reading about "factions" in the Federalist papers and I have a feeling that the Founding Fathers knew such partisanship was bound to arise. And indeed, it arose very early during George Washington's presidency. I don't think the development of political parties would have caught them by surprise, especially because many of them wound up joining them as time went on.
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