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Is the Constitution written in stone?

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Swede Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:38 AM
Original message
Is the Constitution written in stone?
Edited on Sat Mar-24-07 08:39 AM by Swede
Canada and Europe change as courts try to interpret daily life.
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izzie Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:47 AM
Response to Original message
1. I believe it has been changed about 27 times not counting
how different ages have looked at just what it means. I will say I always get a funny feeling when they say they wish to write a new one.
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havocmom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:48 AM
Response to Original message
2. No, but the mechanisms for tinkering are tough
so bushco just ignores the instrument of our contractual governance.

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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:48 AM
Response to Original message
3. So does the US. That's why there are ammendments to our
Constitution. Perhapse we don't change as easily as many people would like, butthat COULD be a good thing.

I guess what we should all ask ourselves is: If it were easier to change our Constitution, would it really be better, or would we have a BIG MESS?

Some always want to go overboardand change our Const. for EVERYTHING!
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:49 AM
Response to Original message
4. Parchment I think.
;)
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Le Taz Hot Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:09 AM
Response to Reply #4
10. Not to be nit-picky
but it was actually written on hemp.

:hi:

LTH
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mmonk Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:59 AM
Response to Reply #10
16. That's better.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:50 AM
Response to Original message
5. You would have to read the Articles of Confederation (which predated
Edited on Sat Mar-24-07 08:53 AM by no_hypocrisy
the Federal Constitution and its Amendments) and The Federalist Papers to get the best idea of how the Constitution was envisioned to be utilized. There are obvious signs that it is meant to be a dynamic document that instructs and advises as this country changes. You have both the ability to amend the Constitution should it be silent about a fundamental right now found to be necessary and unprotected without its incorporation and the judicial system culminating with the Supreme Court to interpret the particular clause, Article, or amendment as the drafters did not intend for this country to be based of "civil law" but constitutional law. In Europe, most law is civil law, wherein (basically) the premise is "a rule is a rule" while here the premise is "it depends" and what it depends upon are the circumstances applied to the law and whether the case law (or statute) AND prior judicial interpretations will allow the extension of the law.

So, no, the Constitution is not written in stone.
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rodeodance Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:58 AM
Response to Reply #5
6. We have a 'living' constitution.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:19 AM
Response to Reply #6
12. Exactly!!
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peacetalksforall Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 08:58 AM
Response to Original message
7. This Constitution is written in Reagan jelly beans. As interpreted
by Republican inheritors. Sometimes they take out the blues and put in the reds.
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:05 AM
Response to Original message
8. Here's what Thomas Jefferson said about it
"Some men look at constitutions with sanctimonious reverence, and deem them like the ark of the Covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment? laws and institutions must go hand in hand with the progress of the human mind? as that becomes more developed, more enlightened, as new discoveries are made, institutions must advance also, to keep pace with the times? We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain forever under the regimen of their barbarous ancestors."
-- Thomas Jefferson, on reform of the Virginia Constitution

So I suppose that, to one of it's foremost architects and indeed a foremost architect of our entire nation from the ground up, the answer would be a resounding NO!
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Tierra_y_Libertad Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 10:12 AM
Response to Reply #8
19. Great quote.
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3waygeek Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:07 AM
Response to Original message
9. Judging from the way * treats it
I'd say the Constitution was written on toilet paper.
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TreasonousBastard Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:18 AM
Response to Original message
11. Not everyone actually has a written constitution...
or one as short and difficult to change as ours.

However, ours has subtly changed in meaning over the years, too, and not simply due to court opinions. If you look at the evolution of this country from a small, largely agricutural, shaky union through its industrial and terrtorial expansion to what it is now, the same Constitution, with very few amendments, has served us well.

Unlike some of our our monstrously large state constitutions, and many European ones, it simply sets broad principles and leaves the details to the three branches of government.





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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:26 AM
Response to Original message
13. I am not convinced we still have a Constitution at all.
There have been so many violations gone un prosecuted that I am coming to the conclusion it is no longer relevant.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:38 AM
Response to Original message
14. A stepping stone, yes...to help lay the foundation
by which a free people can govern themselves, free from tyranny and oppression - not perfect, a rough stone that time and experience will gradually make smooth...time changes all things. Just as the sapling becomes the tree, the acorn became the sapling - life demands growth - as do a free people.

next to one stepping stone you place another...and then another...and you continue to build toward your goal - seeking perfection and falling short - but never wavering from the goal...and if you do lose your way , you have only to go back to those original stones of freedom - equality - liberty and justice to find your way again


America has lost her way.









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Swede Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 09:40 AM
Response to Reply #14
15. Perfect answer.
Solly america is a work in progress,life is freedom for all.
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driver8 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 10:05 AM
Response to Original message
17. I'm pretty sure it's not stone...
otherwise, Bush couldn't wipe his ass with it.
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leftofthedial Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Mar-24-07 10:09 AM
Response to Original message
18. there is a process for changing it, so no
courts also "interpret" and apply it regularly
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