Can you present me a brief about your reflections on the U.S.Constitution?

Question

I would like to know about your thoughts on freedom and the abolishment of slavery, human rights and the supreme court's role in the constitution.

Answer 1

The constitution Needs to be followed, that is why we need the supreme court to look at all applicable cases, including international law an treaties (Article 6, section 1, paragraph 2. Look it up.)

That said, it's not a perfect document, and it never will be. it is however, the best thing we have.

The big problem though, is that people don't' read it. Somebody once started a petition that was really the declaration of independence and parts of the constitution and bill of rights in disguise. most people refused to sign it, calling it too liberal. it was obvious they didn't know either document,and most of these people were also polled, and asked whether or not they supported the constitution. Nealy all said yes.

Answer 2

I think that the Constitution should be interpretted with a sense of discipline and with deference to what was intended -- according to available "legislative history."

For example, I believe the 14th amendment's Equal Protection Clause should be interpretted to guarantee only racial equality. All other forms of inequality are presumptively acceptable and should only be analyzed under an extremely deferential, lenient "rational-basis test." The only known purpose to the Equal Protection Clause was to guarantee racial equality. The fact that the Clause does not literally say that is no reason to run wild with that Clause and use it to ban any-ol'-form of "discrimination" that you don't like.

Another example is with the Cruel and Unusual Punishment Clause. The Clause itself does not provide insight as to what kinds of punishment are "cruel," but the Clause surely does not ban capital punishment, because that was obviously not intended.

The Supreme Court has been abusing it's role because it has not been concerned with doing the above.

Now, as to "freedom" and "human rights," ............... I believe that the Constitution does not protect either one, ......... not comprehensively. It protects certain "rights," for the sake of "freedom," but those few protections are not enough to satisfy all people who dislike certain laws which have been made by legislatures. Nearly every single law made by legislatures can be thought to be encroachments on somebody's "freedom" and it can violate "human rights" to the person who disagrees with the legislature. But the Constitution does not address all of those other concepts. The Constitution protects CERTAIN rights.

The abolishment of slavery? Do we even have to talk about that? I and 99.9% of the people I've ever met think that the 13th Amendment was a good idea.

Answer 3

The U.S. Constitution was laboriously constructed, written, and adopted by a group of men who were in danger of being condemned by the English monarchy as traitors and seditionists because of speeches they were making, pamphlets they were writing, publishing, and distributing, and their seeming "lack of respect" for the monarchy.

Many of our "Founding Fathers" were well-known "rabble rousers" in their social circles and community. These men took their agenda to the people, convinced many to "see" things their way, and there you have the American Revolution. There were still people in the colonies who did not want to "secede" from England, and these people fought against those who did.

England lost; thus, the Constitution. Hooray! We're all free! NOT!

Thomas Jefferson owned black slaves, George Washington owned black slaves, my great, great, great great grandmother (a Cherokee Indian living in Georgia) owned black slaves. Some did emancipate their slaves before Lincoln; but, many bore children with them.

Lincoln's decision to "free" the slaves was not based upon morality. Lincoln was concerned with the outcome of the War Between the States. Believing the "freed" slaves would join the forces of the Union Armies, he signed, enacted into law, and issued the Emancipation Proclamation, creating a huge advantage for the North, crippling the work force in the South.

The U.S. Constitution provides three branches of government, the Executive Branch, the Legislative Branch, and the Judicial Branch. Checks and balances were provided in the Constitution to preclude anyone, or any group of individuals, from setting up another monarchy, or quite possibly, a dictatorship.

Sounds good, right? But then, the Founding Fathers gave the Judicial Branch the power to overrule any and every law or action made by the Executive Branch and/or Legislative Branch to nine men (the Supreme Court) who would be "appointed" FOR LIFE!

If the only rights a human being has depend upon a written law, then man will always be in danger of losing those rights as long as men interpret the law.

Answer 4

It's the finest thing written every in history short of the Bible itself. Your question requires more than one can be asked to type. But the beauty of the philosophy and the wisdom involved is breathtaking.

Answer 5

I fought to uphold our rights under the constitution, and now I enforce the laws of that same document.

Answer 6

Bush on the Constitution: 'It's just a goddamned piece of paper'

http://www.capitolhillblue.com/artman/publish/article_7779.shtml

Answer 7

The document needs to be followed, and we do not need judges looking to foriegn law to make a ruling

Answer 8

No... I don't do essay questions...