Why don't we just scratch the constitution and write new rules for modern times?

Question

If you let them chip away at any part of it before long it will be amended into unrecognizability!!

I find it very interesting that our government tries to make dictators around the world appear to be evil and dangerous and in total control of their people ........so we try to appear like we are the beacon of freedom .....bringing freedom to the masses...invading sovereign nations to give people of other countries of the world the American Democracy they so lovingly will come to embrace and thank us for ......but in order to accomplish these goals our government has to BREAK OUR LAWS AND INFRINGE ON OUR CITIZENS CONSTITUTIONAL CIVIL LIBERTIES TO ACCOMPLISH THIS TASK!!!!!?????

Seriously no one sees something wrong with that??

belladonna: What part of 'warrantless' do you NOT understand????

Ross C: Let me clarify this for you...I do not want to scrap the constitution.....NOR do I want our government infringing on it like they are now!!!!

I was asking a backhanded question!!

Sweetpea:Let's just start with the 4th Amendment.
'The right of the people to be secure in their persons, houses, papers, against unreasonable searches and seizures, shall not be violated, and No Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly desribing the place to be searched, and the persons or things to be seized.'

Now Pres. Bush has issued an Executive Order that anyone who threatens stabilization efforts in Iraq!
Which conflicts with the 4th amendment.
Who decides what exactly is a threat???

Or merely a disagreement in regard to the U.S. military intervention in Iraq??!!

Then there's warrantless wiretaps.

So who exactly is being tapped? All overseas phone calls??
Calls going into the Middle East??
Who makes these determinations??

Cont......

Here's a scenario.

Racial profiling.
Remember the store clerk who tipped off the FBI about the guys planning attacks recently?

So let's say someone works with a person of Middle Eastern desent they feel uncomfortable about.
That M.E.erner is also up for the promotion at work.
So the other guy throws some Jihadist material in this guys work locker and calls the FBI.
Under our terror watch rules this M.E.erner can be held without charge, without access to an attorney or family or anyone as an advocate on his behalf......for years!!!

This can happen!!

So how many people who are citizens of the U.S. could something like this happen to before we say well maybe this wasn't such a good idea????

What Bush is doing is very dangerous!!!!

Answer 1

Surveillance of the enemy in a declared time of war should not require a warrant.

Answer 2

Knowing the legislative body for the last sixty years, I would assume the new constitution would fill about a library full of books and be so obscure no one would ever understand it.

They have been scratching away at it all of my long life. Things like banning crosses and enacting hate speech legislation detract from our inalienable rights ennumerated in the first ammendment. More than 22,000 gun laws in the country detract from the second, and right down the line. Look at the way the federal government has taken the "interstate commerce" clause to ridiculous extremes, taking away most of the state's rights. This attack on the fourth is just one more move. Of course if they're only talking about warrantless searches of foreign nationals they don't need a law. Only U.S. citizens are protected under the Constitution.

Answer 3

People aren't even taught the constitution any more. It's such a brilliant document, ages ahead of it's time. It took well over a hundred years for DC politicians to start circumventing it.

The other day my own sister proclaimed that it was outdated! I'm still shocked, and mad that she's been converted by the constant brainwashing present in the media, schools, and higher education. I knew she shouldn't have moved to Oregon! :)

I think people should at least read the Federalist papers and the Constitution before having such low opinions of it. My favorite amendment is the 10th:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

BTW, the constitution is not that long, and written in plain English, unlike the verbose legalese that current laws are written in. Anyone with a 3rd grade education can understand it.

Answer 4

Because the uncertainty caused by "Scrapping the constitution" would through the USA into economic turmoil. The beauty, and the failing, of the US Constitution is its flexibility. There is a very specific set of precedents from the USSC on down to your local county court that businesses, police officers, probate actions, etc. rely on as a matter of course. If suddenly there's nothing to "rely" on, the system breaks down.

PLUS - if you are upset about the small changes in the US Constitution over time, imagine how bad it will be if we set a precedent that it's okay to scrap the whole thing? Every 20 years, when the political climate shifts, we'll have a whole new set of high statutes? It's akin to anarchy, and I wouldn't trade the US Constitution, however flawed, malleable and weak, for complete uncertainty in a million years.

Answer 5

Thats what I've been saying and I think we have outgrown the constitution. This nation is nothing that even closely resembles what it was at the time the constitution was made. I still think we need to use it as a guide but it is badly in need of updating. There are so many amendments to the constitution no one understands it anymore. The amendments all need to be taken into account and new rules that are clear to everybody. We can't all be constitutional lawyers. Hell even the Supreme Court can't make it work.

Answer 6

I'm sure that your question is sarcastic,but in theory it would be a fine idea. You're right. times have changed. As good as our founding fathers were, things are nothing like they were over 200 years ago. The problem is, our leaders don't have the brains or the balls to come together on anything for the bettering of our country. I guess we'll have to wait until after the NEXT American revolution.

Answer 7

One part of your question really bugs me and that is where you refer to your government as making dictators look evil. Your governments have spent more time and money supporting evil right wing regimes than anybody else and have caused unknown misery and suffering to the people of these countries, who voted to have more compassionate and caring leaders. You certainly have broken your own rules but not for the purpose of establishing democracy. More like protecting your own interests.

Answer 8

If you think America is no better than a dictatorship, feel free to leave. Feel encouraged.

And there is no need to replace the constitution. There's already a process to amend it. Which is good, because it'd be hard to get support to scratch the constitution.

Answer 9

Rule #1: The wealthy pay absolutely no taxes EVER (state or Federal)

Rule #2: Whatever Mayberry Machiavellis\Pseudochristian Virtuecrats demand they instantly get... NO DEBATE... The Bible card trumps all except for tax breaks to the wealthy!

Rule #3: Sex is only for procreation and in then it should only be done in the dark after no less than an hour's intense prayer!

Rule 4: Business rules all except for rule 1 & 2

rule 5: there are no other rules

Answer 10

im on the right but i agree with you on this one to a point
like one of the greatest americans once said and i am para pharasing from my man Big Ben
those who trade freedom for safty deserve neither freedom or safty