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Actually, I consider it one of my best analogies. fionwe1987 Send a noteboard - 12/02/2022 09:19:40 PM

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If it was possible to debate whether any system since Windows 95 has demonstrated that it is clearly superior, then maybe.

I'm assuming you're arguing that the Constitution is clearly superior, here? Yet you go on to completely undercut that below. So what gives?
As you well know, when it comes to government I'm a small central government conservative who believes in the Constitution. But I acknowledge that the gridlock in Washington since Obama's election is far worse than anything I've ever seen before. I understand why people argue an activist judiciary or Presidential overreach via Executive Orders are the only way to accomplish anything.

My wish would be that Congress would do their jobs and if they don't, then the electorate would hold them accountable. But that's never going to happen when everyone applauds when their side stymies the other.

What's the answer? I have none. If I did, I'd be in DC.


You can blame people all day while singing the praises of the Constitution. But the Constitution (should) serve the people. The people must not change to serve at the altar of an unaltered Constitution.

The original Constitution was built without the concept of political parties in mind. In the reality of not just having political parties, but two very polarized camps, that Constitution is an utter failure.

Put another way, the Constitution was designed with parameters in mind that are no longer true. Instead of rewriting it to fit actual needs of today, you're asking the users of the Constitution, the people, to change so they can use the Constitution as it was originally written.

In other words, you would constrain people rather than change the Constitution. That's your problem, and the obvious answer follows: no Constitution, ever, will be perfect. Never ever ever ever. Perish that thought.

The best Constitution is one that is highly flexible and can evolve quickly. That allows room for mistakes, but is designed so that mistakes do not get entrenched and like sclerotic deposits, block the flow of the actual democratic process.

The American Constitution is not worthless, mind. Just like Windows 95 was not. Both were revolutionary, opened many doors and changed a lot of lives.

Microsoft has moved on. We don't even use PCs as our primary computing terminals anymore. We respect the place of Windows 95 in the history of computing. We can look to it for lessons. But we don't deify it and clutch on to it as if nothing else can work, because that cynical belief is a self-fulfilling prophecy.

Believing that nothing better can come, you have decided that the decisions made by people in the late 1700s are somehow sufficient to the problems of today. They are not.

Worse, they <I>couldn't</I> foresee how things would change. No one can. We won't either. So we shouldn't be writing Constitutions that rigidly hold for generations, with semantic reinterpretations of original text serving as the way to guide our politics and economy.

We did that for thousands of years. It's called religion. We don't need that, and you know what, your founders were perfectly aware of that. They just didn't have any way to know that the flexibility they built into the system wasn't enough.

Take stock of today, and you will see a million ways to build a government that is more responsive to it's people. Here's a simple start: make it a Constitutional requirement that every representative must spend x% of their time every month they are in office simply answering questions from their Constitutents in an open forum. That forum can be an in-person town hall that is televised, or an AMA on Google Meet, with all questions answered on a first-come, first-served basis from a Constituent portal.

We have the technology to make it so. It makes accountability literal. It means politicians cannot dance around issues their constituents care about. It means the media gets to scrutinize them to a much greater extent.

You will come back with how passing such a Constitutional amendment is impossible in the current climate. But that shows you that the Constitutional amendment process is broken. Because your Constitution, through fault of it's original drafters, wasn't designed to deal with such hyperpolarization and information silo-ing.

Respect the original Constitution. Study it. Revere it, even. But it's time to take lessons from the past 300 years, and build a new Constitution that is based on today's realities. One that is much more representative. That realizes that the difference between "Central" government and local government is far less than it was at the founding of this nation, and that we can make every level of the government much more representative and responsive to the needs of it's people.

Most importantly, one that realizes there's no way we'll get it all right, and mandates that every so often, say 25 years, we have another Constitutional Convention where all stakeholders can debate their issues, and come up with new additions to the Constitution, or make changes to things that do not work. One that mutates and changes constantly to the demands and pressures of the time.

That's your way out.

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Judicial activism - 09/02/2022 09:33:40 PM 528 Views
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Agrees with Jeo *NM* - 09/02/2022 09:44:46 PM 98 Views
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I don't understand that.. - 12/02/2022 06:53:06 PM 165 Views
we actually agree on this - 12/02/2022 07:04:56 PM 174 Views
Not just in 2022, though - 12/02/2022 07:10:48 PM 174 Views
Having grown up watching Cronkite, Huntley-Brinkley I concur with your point. - 12/02/2022 07:46:26 PM 167 Views
Yep *NM* - 12/02/2022 08:03:19 PM 90 Views
well I feel stupid - 10/02/2022 04:08:10 AM 182 Views
You're referring to an entirely different case... see my reply to Jeo for the details on this one. - 10/02/2022 09:03:40 AM 157 Views
Oops - 10/02/2022 03:32:33 PM 177 Views
Purpose achieved! I win again! *NM* - 12/02/2022 06:54:36 PM 94 Views
So what's your point about activism? - 11/02/2022 10:54:21 AM 193 Views
Hilarious that *you* would be whining about judicial activism. Shameless. *NM* - 12/02/2022 06:06:12 PM 95 Views
I have no issue with judicial activism, dolt. - 12/02/2022 07:06:49 PM 179 Views
Not your best analogy. - 12/02/2022 08:47:04 PM 160 Views
Actually, I consider it one of my best analogies. - 12/02/2022 09:19:40 PM 160 Views
you've made better - 12/02/2022 10:23:39 PM 155 Views
I dunno - 12/02/2022 10:34:57 PM 170 Views
why do you think this is an example of judicial activism? - 14/02/2022 09:01:40 PM 217 Views
I like how you don't even attempt to have a reasonable discussion - 16/02/2022 03:01:57 PM 181 Views
This amused me. *NM* - 16/02/2022 03:36:31 PM 97 Views
As it should - 16/02/2022 05:43:28 PM 156 Views
I'm sure you do - 16/02/2022 04:21:09 PM 159 Views
Your point is to troll - 16/02/2022 05:41:26 PM 172 Views
I'm truly devastated... - 17/02/2022 06:00:01 AM 168 Views
Will this continue? - 17/02/2022 04:07:11 PM 170 Views
No - 17/02/2022 07:11:12 PM 164 Views
Popcorn is always required! - 18/02/2022 03:14:01 PM 174 Views
Nobody ever offers to do a grilling, it is always popcorn. - 18/02/2022 06:51:17 PM 151 Views
One does not have a rational discussion if something is fundamentally "perverse" - 17/02/2022 12:21:32 AM 165 Views
I'm glad you can't resist me - 17/02/2022 07:09:43 PM 154 Views
Are you doing “well” in this dread of Winter? - 17/02/2022 08:05:04 PM 172 Views
Re: Judicial activism - 19/05/2022 11:16:24 PM 174 Views
He just doesn't understand what judicial activism means. - 20/05/2022 03:55:24 PM 130 Views

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