There is no ONE RIGHT WAY to Interpret the US Constitution?

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  1. My Esoteric profile image85
    My Esotericposted 6 years ago

    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?

    1. Kathryn L Hill profile image84
      Kathryn L Hillposted 6 years agoin reply to this

      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.

      1. My Esoteric profile image85
        My Esotericposted 6 years agoin reply to this

        It is certainly being tested like no other time in history, isn't it?

        1. Kathryn L Hill profile image84
          Kathryn L Hillposted 6 years agoin reply to this

          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?

          1. Kathryn L Hill profile image84
            Kathryn L Hillposted 6 years agoin reply to this

            "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

            1. My Esoteric profile image85
              My Esotericposted 6 years agoin reply to this

              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.

              1. Kathryn L Hill profile image84
                Kathryn L Hillposted 6 years agoin reply to this

                "The electoral college soon became a rubber stamp of the popular vote ... "

                How is this so?

          2. My Esoteric profile image85
            My Esotericposted 6 years agoin reply to this

            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.

            1. Kathryn L Hill profile image84
              Kathryn L Hillposted 6 years agoin reply to this

              There are laws against the formation of monopolies which are not being followed or enforced.

    2. wilderness profile image75
      wildernessposted 6 years agoin reply to this

      Skimming wikipedia, it sounds like a quite complex case with many side trails to consider.  His reply might be interesting.

 
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