Why isn't common sense in the American constitution?

Question

Instead of bad things having to be allowed because of so called freedom of speech and personal rights?

Answer 1

I guess some things dont always need to be spelled out. Common sense is something that everyone should use.

Answer 2

The constitution was based on common sense. The problem is that since the Marshall court, the Supreme court has been allowed to upset the balance of power and dominate the other two branches of government. Thus the three balanced powers are no longer balanced and the court is rewriting laws which is strictly a function of congress. This has only recently started to tip the other way. But, since this court is composed of what some consider conservatives with some liberals and a swing vote. The left is again whining that the conservatives have the upper hand. Nothing is further from the truth we now have the first balanced court since before the 1930's.

Answer 3

At the time that it was written, the stuff that went in made common sense to the founding fathers.

Compare the Bill of Rights to the Ten Commandments.

There are a few things in Bill of Rights that don't seem a great mesh to the needs of today, because they have been enforced. Like the bit about the government not housing troops in our homew without compensation. That was something Britain has done, even as recently as WW II, and which all the sides did in occupied territory. Because that is in US constitution, and enforced, it has not happened in US history, and thus people might not see the need for it.

You'd think the 10 commandments written 2,000 years ago by humans in a civilization really backward compared to our own, that there's be a lot of stuff there not relevant to today society, but that is far from the truth vs. human nature motivations today. Really makes you think those authors were divinely inspired.

Answer 4

So are you saying we should censor things because they may be bad? Oh no, your sensitive feelings are hurt, time to call the PC police. Forget it.

Political correctness; not freedom of speech, has gone too far. We're too worried about offending someone because people have become oversensitive wusses. Common sense merely asks that you exercise good judgment and use your head. Sorry, but that's a lot harder to control and put into the Constitution than freedom of speech.

Answer 5

...because your definition of "bad things" and my definition of "bad things" are very different. 70 years ago, you were considered "immoral" if you married someone of a different race. But because of the SPEECH and THOUGHT and PROTESTS of people, we came to realize that idea of prohibition on mixed race marriages was a bad idea. That's why we have the First Amendment--we always have to be testing our ideas for democracy to work.

Second, "common sense" is all over the constitution. We have separation of powers to make sure the executive doesn't have too many powers. We have the writ of habeas corpus to prohibit people from being jailed without charge. We havean amendement process to fix any defects. In the bill of rights, we have very flexible, common sense words like "unreasonable search and seizure," "cruel and unusual punishment" and the Courts in interpreting many of the individual rights have incorporated many "reasonableness" or "balancing" tests to determine whether a particular law or action is unconstitutional -- for example, flag burning is constitutionally protected, but burning someone else's flag is not. Making a kid pray a school-sponsored prayer is unconstitutional, but allowing kids to form a prayer group is not. Erotic speech and expression is protected (but allowed to be restricted from children) but child porn is not.

Just because you may disagree with the line drawn by the Framers and/or Courts, doesn't mean that there isn't a measure of "common sense" in many of these rules.

Answer 6

The constitution was created in common sense and equality. Amendments added civil liberties.
Low life snakes sought out loopholes made available with continuing amendments thrown in with another larger bill.
The problem is the self serving lawyers and politicians whom consider themselves to be elite and above us all and yet, they would slay their own mother, for the almighty spotlight and dollar.

Can you hear it?
A new Revolution is coming!
The only solution is a revolution!

Answer 7

The US Consititution is based on natural law, so common sense is implied. The greater good is served by protecting and promoting individual rights. Despite widely publicized deviations from this rule, the rule still stands. It has worked for over 200 years, I wouldn't change it.

Answer 8

I will defend to the death your personal right to say stupid things like that.

Study history much?

I'd call you a bad name but the one I'm thinking of would be an insult to all bags which contain douching products.

Answer 9

If you try to put common sense in the constitution" the ACLU would SUE. They don't recognize [ common sense ] no way.

Answer 10

The Constitution was meant to be a living document to be changed and altered as time went. It is not carved into stone.