House Approves Flag-Burning Amendment

[2ndAmendment]

... The Constitution will continue to be interpreted and amended as the times change, as it should be.

The problem is interpretation cannot be used to change the original intent of the Constitution. That is what Constitutional conservatives object to. Amend it. Do not bend it.

 

[2ndAmendment]

...by the elastic clause ...

That is the crux of the problem. There is no elastic in the Constitution. If you read the documents that explain the intent of the founders you would know that. Amend it; fine. Don't just bend it to your liking by changing the meaning of the words. If the bending of the Constitution is continued to be allowed, some fine day we may find that a jury of our peers is a tribunal of judges that are presiding over a trial. After all, a jury of our peers is only a definition.

 

[Triggerfish]

OK. I admit; too broad. How about many?

TY

 

[SamSpade]

The problem is interpretation cannot be used to change the original intent of the Constitution. That is what Constitutional conservatives object to. Amend it. Do not bend it.

The problem is that 'original intent' can be a job in mind-reading. You yourself stated here that the Fourteenth Amendment has been interpreted to mean things that the writers very likely did not intend (as I also comment that the "general welfare" clause of the Preamble is vastly misinterpreted). I might go so far as to say an awful lot of what this country has become as a consequence of the Constitution is VERY unlike what the framers originally intended.

For example - I don't think many of the founding fathers ever thought we'd be much more than a closely knit collection of strong but independent states. I know they were against the idea of a standing military. They SURE wouldn't have been in favor of many of the more socialist type structures we've had in place for years. The Constitution calls for a representative for every thirty thousand people (or more literally, shall NOT exceed one for every thirty) - but we completely dispensed with that around the 1920 census, and fixed the number at 435.

With that in mind, whether or not the Constitution is the foundation of our government - what is practiced seems to have little to do with it. In that regard, it appears to serve a function only when it is convenient to do so.

 

[2ndAmendment]

The problem is that 'original intent' can be a job in mind-reading.

Actually, their intent is very well documented in the Federalist Papers, other writings by the founders, and in the proceedings of the Constitutional Convention, so it is not an exercise in mind reading.

You yourself stated here that the Fourteenth Amendment has been interpreted to mean things that the writers very likely did not intend (as I also comment that the "general welfare" clause of the Preamble is vastly misinterpreted). I might go so far as to say an awful lot of what this country has become as a consequence of the Constitution is VERY unlike what the framers originally intended.

True. This happens because the people are lazy and do not hold their elected officials accountable to the restrictions place on their offices by the Constitution. I submit that if a few judges were impeached as they can be for legislating from the bench or other overstepping of their powers the judicial activists may not be so active.

For example - I don't think many of the founding fathers ever thought we'd be much more than a closely knit collection of strong but independent states. I know they were against the idea of a standing military. They SURE wouldn't have been in favor of many of the more socialist type structures we've had in place for years. The Constitution calls for a representative for every thirty thousand people (or more literally, shall NOT exceed one for every thirty) - but we completely dispensed with that around the 1920 census, and fixed the number at 435.

Without using the proper amendment process, so the current makeup of Congress is unconstitutional.

With that in mind, whether or not the Constitution is the foundation of our government - what is practiced seems to have little to do with it. In that regard, it appears to serve a function only when it is convenient to do so.

Again, this only happens because the people do not hold their elected official accountable.