That was what the writers of the Constitution intended. You can find that view in many of the writings of the founders discussing the Constitution, in The Federalist Papers, and in Madison's Notes to the Constitutional Convention.
Yet even today, in regards to the nomination of Brett Kavanaugh, you keep hearing the incorrect refrain, "Interpret the Constitution as Written"; meaning an extremely narrow view and only in the context of "explicit" powers rather than the more correct "implicit" powers used by most Courts since Chief Justice John Marshall in Marbury v Madison and McColluch v Maryland.
If I were a Senator on the Judiciary Committee, that would be two questions I would have for Kavanaugh.
1. "Why do you disagree with Marshall's ruling in Marbury v Madison?" (Judicial Review)
2. "Why do you disagree with Marshall's reasoning in McColloch v Maryland? (Implicit Powers)
Do you agree?
no. The Constitution was designed to promote the freedoms we have. The freedom from Tyranny.
There are many ways to loose freedom. Tampering with The Constitution is one of them. Trump is actually a little peeved that he does not have more power as POTUS
Thats okay. Let him be peeved. The Constitution prevents him from becoming a dictator.
It is certainly being tested like no other time in history, isn't it?
well, yes. As long as we remember why it was written, we can adjust what needs to be adjusted.
What adjustments do you think could be safely made?
For instance, does Trump have a point that his hands are tied too tightly?
"Trump’s primary problem with the Constitution is not unlike Franklin Roosevelt’s: It limits presidential power. He said in an interview with Fox News marking the first 100 days of his presidency that the whole American system of government is “a very rough system, an archaic system,” adding that “it’s a really bad thing for the country.” The context of Trump’s remarks came when he said, “I get things done, I’ve always been a closer.” However, on the tough issues—immigration, debt, the tax system—he can’t “close” because he heads only one of the three branches, with both Congress and the courts having their say. Trump believes that a dangerous and complex world requires that America have a “closer” president but, alas, the Constitution instead built walls. It is both a restraining and an empowering document."
FROM
https://www.forbes.com/sites/daviddaven … a3e6976209
One of the recurring themes of people like Madison, Jefferson, Hamilton and many others protecting America from people like Trump, i.e., demagogues; populists who are capable of swaying the general public with false promises.
That is one of the reasons the electoral college was developed (another was the other two options were worse). Unfortunately, over time the electoral college ceased to be the independent adults protecting us from the intrigues of demagogues whose tools are pie-in-the-sky promises followed lies, lies, and more lies. The electoral college soon became a rubber stamp of the popular vote, the very thing the founders did not want.
One of the first things I learned in government management class was that the government was designed specifically to be inefficient (not ineffective, just inefficient). They did not mean for gov't to work like Trump wants it to, we would soon end up a dictatorship - exactly what Trump wants to be - another Putin.
"The electoral college soon became a rubber stamp of the popular vote ... "
How is this so?
When the Constitution was written, political parties, let alone money in politics, was not on the table. They were well aware of factions and feared them greatly, rightly so but had hoped the checks and balances built in would curb the power of factions. As we know today, it t didn't.
That leads to one flaw in the Constitution, and that is the status of corporations. Congress gave corporations limited personhood out of necessity, otherwise corporations couldn't function. That was OK then, but not today. The activist conservative courts continue to imbue on corporations more and more human characteristics. This has led to corporations having religious rights and the full suite of 1st Amendment rights (which devalues the status of us as humans).
So, my fix? A Constitutional amendment or a new law that strips corporations of all rights except those relating to property rights.
There are laws against the formation of monopolies which are not being followed or enforced.
Skimming wikipedia, it sounds like a quite complex case with many side trails to consider. His reply might be interesting.
by Arthur Russ 12 months ago
In a true democracy there should be a separation of powers between the Juridical, Executive and Legislature. No democracy is perfect, but how imperfect is the American democracy?While browsing the web in relation to a question on the Separation of Powers in the USA (in another forum) I...
by Scott Belford 7 years ago
James Madison, in formulating ideas about the role of the federal government prior to the Constitutional Convention came up with the notion that to best protect minorities (not just race) and individuals from the vagaries of state legislatures believed it was necessary for the Federal Legislature...
by Ken Burgess 10 months ago
https://www.bizpacreview.com/2024/09/03 … n-1484487/The Constitution has always been the ultimate goal of the progressive left, a key obstacle that prevents them from “fundamentally transforming” America into something more to their liking and they are now getting bold enough to say it.With...
by Credence2 3 months ago
Trump is now attacking lawyers and the Judiciary over what he calls frivolous lawsuits. Is a frivolous lawsuit one that opposes his policies and precludes him from simply doing what he wants, contrary to established law? As with the Venezuelans, anyone can clearly see that Trump is itching for a...
by John Wilson 8 years ago
Clinton's popular vote win was basically her win in California - by 4 million + votes. Take California away from Clinton, and Trump wins by a landslide. The Electoral College prevented this bias of one state forcing it's will on the rest of the nation - which is why it was put into place when the...
by tbHistorian 11 years ago
The Georgia state legislature passed a measure calling for a Convention of States to amend the U.S. Constitution. This would establish a Continental Congress composed of citizens that would work to achieve solidarity for amendments to the Constitution to restore the power to the people. ...
Copyright © 2025 The Arena Media Brands, LLC and respective content providers on this website. HubPages® is a registered trademark of The Arena Platform, Inc. Other product and company names shown may be trademarks of their respective owners. The Arena Media Brands, LLC and respective content providers to this website may receive compensation for some links to products and services on this website.
Copyright © 2025 Maven Media Brands, LLC and respective owners.
As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.
For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://corp.maven.io/privacy-policy
Show DetailsNecessary | |
---|---|
HubPages Device ID | This is used to identify particular browsers or devices when the access the service, and is used for security reasons. |
Login | This is necessary to sign in to the HubPages Service. |
Google Recaptcha | This is used to prevent bots and spam. (Privacy Policy) |
Akismet | This is used to detect comment spam. (Privacy Policy) |
HubPages Google Analytics | This is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy) |
HubPages Traffic Pixel | This is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized. |
Amazon Web Services | This is a cloud services platform that we used to host our service. (Privacy Policy) |
Cloudflare | This is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy) |
Google Hosted Libraries | Javascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy) |
Features | |
---|---|
Google Custom Search | This is feature allows you to search the site. (Privacy Policy) |
Google Maps | Some articles have Google Maps embedded in them. (Privacy Policy) |
Google Charts | This is used to display charts and graphs on articles and the author center. (Privacy Policy) |
Google AdSense Host API | This service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy) |
Google YouTube | Some articles have YouTube videos embedded in them. (Privacy Policy) |
Vimeo | Some articles have Vimeo videos embedded in them. (Privacy Policy) |
Paypal | This is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy) |
Facebook Login | You can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy) |
Maven | This supports the Maven widget and search functionality. (Privacy Policy) |
Marketing | |
---|---|
Google AdSense | This is an ad network. (Privacy Policy) |
Google DoubleClick | Google provides ad serving technology and runs an ad network. (Privacy Policy) |
Index Exchange | This is an ad network. (Privacy Policy) |
Sovrn | This is an ad network. (Privacy Policy) |
Facebook Ads | This is an ad network. (Privacy Policy) |
Amazon Unified Ad Marketplace | This is an ad network. (Privacy Policy) |
AppNexus | This is an ad network. (Privacy Policy) |
Openx | This is an ad network. (Privacy Policy) |
Rubicon Project | This is an ad network. (Privacy Policy) |
TripleLift | This is an ad network. (Privacy Policy) |
Say Media | We partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy) |
Remarketing Pixels | We may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites. |
Conversion Tracking Pixels | We may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service. |
Statistics | |
---|---|
Author Google Analytics | This is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy) |
Comscore | ComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy) |
Amazon Tracking Pixel | Some articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy) |
Clicksco | This is a data management platform studying reader behavior (Privacy Policy) |