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Old 11-24-2006, 05:16 PM   #1
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Is the Constitution illusory?

Some of the most important provisions of the constitution are hopelessly vague. For example, due process is never clearly spelled out, nor is the definition of "liberty" in the due process clause.

Given that these terms are themselves meaningless without subjective interpretation imposed onto them, then what is the value of the constitution? It is not the anchor of American government-- how can it be when people can't even figure out what it means?

There is some illusion of concrete finality given to the constitution because the Supreme Court has the final say in exactly what it means, but the Supreme Court changes. And even the Supreme Court's judicial review is subject to Congress' giving them jurisdiction, funding and shaping the court itself.

When all is said and done, what exactly is the Constitution?
It seems to me that it's merely a symbolic vestige of the spirit of the Founders at founding. It's simply a law like any other that requires a few more hoops to jump through in order to change.
 
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Old 11-24-2006, 05:48 PM   #2
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Originally Posted by SpicyMcVoodoo View Post
Some of the most important provisions of the constitution are hopelessly vague. For example, due process is never clearly spelled out, nor is the definition of "liberty" in the due process clause.

Given that these terms are themselves meaningless without subjective interpretation imposed onto them, then what is the value of the constitution? It is not the anchor of American government-- how can it be when people can't even figure out what it means?

There is some illusion of concrete finality given to the constitution because the Supreme Court has the final say in exactly what it means, but the Supreme Court changes. And even the Supreme Court's judicial review is subject to Congress' giving them jurisdiction, funding and shaping the court itself.

When all is said and done, what exactly is the Constitution?
It seems to me that it's merely a symbolic vestige of the spirit of the Founders at founding. It's simply a law like any other that requires a few more hoops to jump through in order to change.

No, not vague at all. In fact you can find historical precendent behind just about every provision and Bill of Rights amendments to the constitution if you look at the history of the British governance of the colonies. For example the right to bear arms came right of of British attempts to confiscate arms of common subjects, not some organized army. And the quartering of soldiers in peoples homes? Well we don't talk about that because it is no longer an issue. But it is not hopelessly vague unless that is exactly what your liberal interpretations want it to be!
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Old 11-24-2006, 05:57 PM   #3
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Originally Posted by RMNIXON View Post
No, not vague at all. In fact you can find historical precendent behind just about every provision and Bill of Rights amendments to the constitution if you look at the history of the British governance of the colonies. For example the right to bear arms came right of of British attempts to confiscate arms of common subjects, not some organized army. And the quartering of soldiers in peoples homes? Well we don't talk about that because it is no longer an issue. But it is not hopelessly vague unless that is exactly what your liberal interpretations want it to be!
You can't possibly be so narrow minded to think there's one, clear, obvious interpretation of the constitution, and it just happens to be the one you agree with, and arguing all this confusion about its meaning has just been a big liberal conspiracy.
 
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Old 11-26-2006, 05:32 PM   #4
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Originally Posted by SpicyMcVoodoo View Post
You can't possibly be so narrow minded to think there's one, clear, obvious interpretation of the constitution, and it just happens to be the one you agree with, and arguing all this confusion about its meaning has just been a big liberal conspiracy.

It's not a liberal conspiracy. It's a "big government" "statist" "big brother" conspiracy.
 
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Old 11-26-2006, 07:42 PM   #5
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Originally Posted by lew View Post
It's not a liberal conspiracy. It's a "big government" "statist" "big brother" conspiracy.
.


People that want power will interepet it to give them more power. Supreme Court, Lincoln, FDR, Wilson, Clinton, Bush etc....
 
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