It seems that every time I turn around, there is yet another NutJob proposal for a Constitutional Amendment to ban some activity (Flag Burning, Abortion, Gay Marriage, Teaching Evolution, _____________, etc.) or promote some other activity (Flag Waving, Parental Notification, Straight Monogamy, Teaching Creationism, _____________,).
Typically, the arguments against these amendments have been calm and thoughtful, asserting that the activity in question is no real threat to anything, that it is nobody's business to interfere, or that it is not a proper or lawful issue for government action. They have all missed the fundamental point.
The purpose of a Constitution (State or National) is to regulate, and when necessary, restrict the behavior of the Government. It provides the means for creating, promulgating, and enforcing such Public Law as is necessary to regulate, and when necessary, restrict the behavior of the Citizens.
These NutJob amendments are more dangerous for the general constitutional corruption that they embody, rather than any specific topic at which they may be aimed.
1) They are trying to evade judicial review for constitutionality by a simple-minded sophistry: "It must be constitutional because it's in the Constitution."
2) They are trying to smuggle Public Law issues into the Constitution, where they have no rightful place.
3) By abusing constitutional process they trivialize both the process and the Constitution itself.
Simply put, issues of Citizen behavior belong in the realm of Public Law, issues of Government behavior belong in the Constitution. Mixing and blurring the two occur at great peril to both the stability of the State and the well-being of the Citizens.
Public Law is already a chaotic and bewildering catch-bag of contradictions and services to special interests. There is no good reason for infecting a constitution with the same corruption.
Please spread this rant around as far and wide as you can. I hope I am not being egotistic if I say it is critically important. Tell your friends, tell your family, and tell your Congress Critter.
Typically, the arguments against these amendments have been calm and thoughtful, asserting that the activity in question is no real threat to anything, that it is nobody's business to interfere, or that it is not a proper or lawful issue for government action. They have all missed the fundamental point.
The purpose of a Constitution (State or National) is to regulate, and when necessary, restrict the behavior of the Government. It provides the means for creating, promulgating, and enforcing such Public Law as is necessary to regulate, and when necessary, restrict the behavior of the Citizens.
These NutJob amendments are more dangerous for the general constitutional corruption that they embody, rather than any specific topic at which they may be aimed.
1) They are trying to evade judicial review for constitutionality by a simple-minded sophistry: "It must be constitutional because it's in the Constitution."
2) They are trying to smuggle Public Law issues into the Constitution, where they have no rightful place.
3) By abusing constitutional process they trivialize both the process and the Constitution itself.
Simply put, issues of Citizen behavior belong in the realm of Public Law, issues of Government behavior belong in the Constitution. Mixing and blurring the two occur at great peril to both the stability of the State and the well-being of the Citizens.
Public Law is already a chaotic and bewildering catch-bag of contradictions and services to special interests. There is no good reason for infecting a constitution with the same corruption.
Please spread this rant around as far and wide as you can. I hope I am not being egotistic if I say it is critically important. Tell your friends, tell your family, and tell your Congress Critter.
JAN 31, 2010 02:26 PM
FEB 03, 2010 08:23 PM
OCT 29, 2010 07:44 PM
JAN 31, 2011 09:43 PM
JAN 27, 2012 08:05 PM
SEPTEMBER 2008
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