Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Algernon Moncrieff

(5,790 posts)
Sun May 25, 2014, 02:18 PM May 2014

The wisdom of the founding fathers

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.


Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.


The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.


No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.


In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.


It's a 225 year old document written by white men in a very different time. Perhaps it's time to reconsider the 2nd amendment....and perhaps raise the monetary limit on the 7th.
20 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The wisdom of the founding fathers (Original Post) Algernon Moncrieff May 2014 OP
Are you proposing a constitutional convention to redo the constitution el_bryanto May 2014 #1
What a shit show that would be.... Slip_n_Slide May 2014 #2
Can you imagine the circle-jerk the GOP would put on for the Country? rustydog May 2014 #11
I don't think we could get enough states to agree to a CC, no matter what the issue. Algernon Moncrieff May 2014 #8
Basically agree, but there are too many right wingers to change most amendments like the 2nd. Hoyt May 2014 #3
We could make a start treestar May 2014 #4
Fighting the gun lobby will have to be a long, slow process. Algernon Moncrieff May 2014 #12
The Seventh amendment is not really a problem. former9thward May 2014 #5
I'd just like it fixed for the record Algernon Moncrieff May 2014 #9
Many of the founding fathers were slave-owning racists. Nye Bevan May 2014 #6
I wonder what the guy in your avatar would think of America in 2014? Algernon Moncrieff May 2014 #10
Amazed at the size of the country treestar May 2014 #13
I think there's a lot they couldn't possibly have imagined Algernon Moncrieff May 2014 #14
I think he would be amazed and humbled that the original Constitution still survives, Nye Bevan May 2014 #16
Oh, well... linuxman May 2014 #7
Not going to happen LittleBlue May 2014 #15
Once, somebody said that to women who wanted the vote Algernon Moncrieff May 2014 #17
Your Three Middle Points are now moot Wolf Frankula May 2014 #18
Precisely the point. The Constitution was imperfect, but has been fixed over time Algernon Moncrieff May 2014 #20
Good post Cali_Democrat May 2014 #19

el_bryanto

(11,804 posts)
1. Are you proposing a constitutional convention to redo the constitution
Sun May 25, 2014, 02:36 PM
May 2014

or an amendment process to revise those two amendments?

Bryant

Algernon Moncrieff

(5,790 posts)
8. I don't think we could get enough states to agree to a CC, no matter what the issue.
Sun May 25, 2014, 10:30 PM
May 2014

Whether it would be liberal items like ending corporate personhood, election finance reform, limiting the 2nd amendment, or codifying a right to privacy -- or conservative items like RTL, balanced budget, term limits, or redefining marriage -- I doubt it would happen.

If it would happen, however, I'd like to hold the CC at the Dakota Dome in Vermillion SD. On one hand, it's a university town, and I think college students would be eager assistants and witnesses to the spectacle. OTOH, I can't think of a place that most pols and press members would want to leave faster, so it would encourage quick work.

 

Hoyt

(54,770 posts)
3. Basically agree, but there are too many right wingers to change most amendments like the 2nd.
Sun May 25, 2014, 03:03 PM
May 2014

Courts are the best avenue in most cases, especially when some of the neo-confederates on the Supreme Court are replaced.

Algernon Moncrieff

(5,790 posts)
12. Fighting the gun lobby will have to be a long, slow process.
Sun May 25, 2014, 10:39 PM
May 2014

As examples (from different parts of the political spectrum), look at MADD and National Right to Life. You'll need people who are in the fight for the long haul; who are certain of the justness of their cause; who can legally (or physically) get knocked on their ass and keep coming back; who will relentlessly be in the face of their elected officials every.damn.day; who will master the art of propaganda; who will be able to raise money and use it to good effect in elections; who won't expect quick results; and who understand that they might not live to see change, but their grandchildren might.

former9thward

(31,970 posts)
5. The Seventh amendment is not really a problem.
Sun May 25, 2014, 03:22 PM
May 2014

It takes a dispute of $75,000 or more to get into federal court. Congress over the years has ignored the $20 figure. The only place $20 applies is in federal courts that are located in federal jurisdictions such as D.C.

Algernon Moncrieff

(5,790 posts)
9. I'd just like it fixed for the record
Sun May 25, 2014, 10:31 PM
May 2014

Adjust the $20 for inflation, amend to a new amount, and then indicate something like "or as Congress determines, from time to time"

treestar

(82,383 posts)
13. Amazed at the size of the country
Sun May 25, 2014, 10:43 PM
May 2014

Probably happy about that - going from coast to coast.

Distressed by the fact of the Civil War.

Totally amazed a black man is President.

A bit upset about the foreign wars. Or maybe very proud of all the power that means? Maybe the Founders would like the idea of being a superpower in the world. Probably didn't enter their heads.

Algernon Moncrieff

(5,790 posts)
14. I think there's a lot they couldn't possibly have imagined
Sun May 25, 2014, 10:46 PM
May 2014

The fact that the Constitution works as well as it does 225 years on (with amendments, and that minor skirmish in the 1860s) is amazing.

Nye Bevan

(25,406 posts)
16. I think he would be amazed and humbled that the original Constitution still survives,
Sun May 25, 2014, 11:01 PM
May 2014

pretty much in its original format, despite the enormous changes that have taken place in the United States.

Algernon Moncrieff

(5,790 posts)
17. Once, somebody said that to women who wanted the vote
Sun May 25, 2014, 11:41 PM
May 2014

Once, somebody said that to people who wanted to desegregate lunch counters

Once, somebody said that to a young African American Senator from Illinois who wanted to be President.

"But why, some say, the moon? Why choose this as our goal? And they may well ask why climb the highest mountain? Why, 35 years ago, fly the Atlantic? Why does Rice play Texas? We choose to go to the moon. We choose to go to the moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win, and the others, too." JFK, 9/12/1962




Little Blue, think about how that great man in your avatar would respond to, "Why waste time trying to do something that is hopeless?"

Wolf Frankula

(3,600 posts)
18. Your Three Middle Points are now moot
Mon May 26, 2014, 12:14 AM
May 2014

Last edited Mon May 26, 2014, 12:46 AM - Edit history (1)

Amendments have changed apportionment and how taxes are done, how senators are chosen, and that about Persons held to Service or Labour.

Wolf

Algernon Moncrieff

(5,790 posts)
20. Precisely the point. The Constitution was imperfect, but has been fixed over time
Mon May 26, 2014, 10:54 AM
May 2014

Perhaps the time has come to repair the 2nd Amendment.

 

Cali_Democrat

(30,439 posts)
19. Good post
Mon May 26, 2014, 12:16 AM
May 2014

I'm a little baffled at how people worship at the feet of the founding fathers (all white men), many of whom were bigots.

The Constitution is flawed in many cases and the notion that we should worship it is ridiculous.

Latest Discussions»General Discussion»The wisdom of the foundin...