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Reply #69: Mind telling me where you're coming from? You're making fun of the American people [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-04-08 09:42 PM
Response to Reply #54
69. Mind telling me where you're coming from? You're making fun of the American people
and that is perhaps easily subject to misinterpretation. So I'll just ask you to explain your philosophy of governance.

Although I've said this in a couple other replies, perhaps you've not seen them: the sovereign power of the people in a republic is only exercised via their suffrage or voting (see Montesquieu quote in this thread), not the rest of the year, and it's only as to electing the representatives to hold THEIR legislative and executive powers, not when acting in a legislative capacity (the people in initiatives are then legislators).

Our choice in terms of candidates is often quite limited. Yet you seem to mock our freedom even within the limited choices set out by the two party system structuring, as if any loosening of any perceived chain would be sacrilege. (political parties are not in the express text of the constitution at all but have made it into some court rulings).

it's very simple: while the constitution provides the structure to some extent that the people in their sovereign capacity operate within, it does not bind or control the people. EXAMPLE: Let's say you try to put a gag on me to stop me from speaking, intentionally in order to prevent the exercise of my First Amendment rights. You are a priviate party, an individual. I have absolutely no constitutional cause of action against you. The Constitution is inapplicable. There's no "state action" as they say. Nor is there "state action" when all of us private individuals go to vote, forming a temporary collective. THE CONSTITUTION IS INAPPLICABLE.

The real "qualifications", and they are usually quite high ones, are in my head, your head and other voters' heads. They are way beyond the placeholder "qualifications" of the constitution. THese are the real qualifications for office. The Supreme Court (even) recognized in oral argument in the Crawford case that many people don't even have birth certificates and can't get them (a sizeable minority).

Failure to meet the "qualifications" of the Constitution is fair game for POLITICS. It does not limit the power of the people, since the constitution simply doesn't apply to private sector. If some folks want to make it start applying now, PLEASE LET'S APPLY IT TO CORPORATIONS AT THE SAME TIME. Because it never is.

I trust we can agree on expanding the Constitution to limit the powers of corporations? :)
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