Over 200 years ago a small group of geniuses crafted a document that until the last 60 years or so stood up against the assaults of tyrants and the power-hungry. With the single exception on how slaves were to be treated (and which many of wiser heads predicted would tear our country apart) it was a beautifully written, easily understood document. Yet men have come to pervert and distort it's written word and when inconvenient simply ignore it. We are no longer a nation of laws but of the ruling elite.
When it suits a purpose there are things attached to it that aren't even a part of it.. For example, 'the separation of Church and State'. This was based on a private letter from Thomas Jefferson and what goes largely ignored was Jefferson's concern that religion and worship be protected from the government not the other way around. And when the claim is made that it is a 'living' document you are in effect saying it's whatever you want it to be at the moment. What was supposed to be left to individual state and city legislatures have now been usurped by the judiciary as sort of a super legislature.
If I was part of an effort to formulate a new government I would use The Constitution as my guideline but make a few changes.
1- It mentions government should promote the 'general' welfare as well as the 'useful' science, arts, etc. Concerns were raised at the time about what this means and it would seem those concerns were well placed. Since that time useful science has included such items as studying the mating habits of ferule cats, art has included placing a figure of Jesus in a jar of piss and the general welfare is now the forced seizure of one person's property to give to another. I would strip this phrase completely out since men can't be trusted not to deliberately misconstrue it and use for their own purpose.
2-I would include a prohibition against any Ivy League graduate from holding a prominent position in government concerning finance, politics or the law. Of course at the time when these schools actually were good and The Founders can be excused for not foreseeing the cesspools they've become. From Bernanke to Paulsen to Bush and now Obama these elitists have done and will continue to do great harm to this country as they adopt their theoritical fixes to the economy. They have already almost single-handily destroyed the Constitution.
3- The Supreme Court shall be composed of nine justices with five year terms, shall NOT include anyone in the legal profession (do you get the impression I despise lawyers?), shall be selected at random and the only requirement be that they must be able to pass a reading and comprehension test.
4- I would tidy up the Second Amendment. At the time it was written to affirm the Militia Act of 1789 but taken by itself the attempt has been made to somehow make something that was part of ten enumerated individual rights and morph it into a STATE right. That's simply dishonest but we are ruled by the slysters and corrupt these days.
And finally, although there is no prohibition against it in it now I would specifically add that any state may leave this compact (secede) at any time it felt it's rights were being trampled on. This is perhaps the most important addition. This alone could serve as a check on central government abuse.
I'll try and think of some others. Suggestions, as always, are welcomed.
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I agree with everything here, except number 3. With the way our Supreme Court works right now, placing minimally educated people there with that amount of power would do more harm then good. While the sentiment behind your idea is great, bench rulings on important constitutional issues would be disastrous.
I do like the idea of short terms, though, and feel like that should be applied to all aspects of public office.
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