It seems that every time I turn around, there is yet another NutJob proposal for a Constitutional Amendment to ban some activity (Flag Burning, Abortion, Gay Marriage, Teaching Evolution, _____________, etc.) or promote some other activity (Flag Waving, Parental Notification, Straight Monogamy, Teaching Creationism, _____________,).
Typically, the arguments against these amendments have been calm and thoughtful, asserting that the activity in question is no real threat to anything, that it is nobody's business to interfere, or that it is not a proper or lawful issue for government action. They have all missed the fundamental point.
The purpose of a Constitution (State or National) is to regulate, and when necessary, restrict the behavior of the Government. It provides the means for creating, promulgating, and enforcing such Public Law as is necessary to regulate, and when necessary, restrict the behavior of the Citizens.
These NutJob amendments are more dangerous for the general constitutional corruption that they embody, rather than any specific topic at which they may be aimed.
1) They are trying to evade judicial review for constitutionality by a simple-minded sophistry: "It must be constitutional because it's in the Constitution."
2) They are trying to smuggle Public Law issues into the Constitution, where they have no rightful place.
3) By abusing constitutional process they trivialize both the process and the Constitution itself.
Simply put, issues of Citizen behavior belong in the realm of Public Law, issues of Government behavior belong in the Constitution. Mixing and blurring the two occur at great peril to both the stability of the State and the well-being of the Citizens.
Public Law is already a chaotic and bewildering catch-bag of contradictions and services to special interests. There is no good reason for infecting a constitution with the same corruption.
Please spread this rant around as far and wide as you can. I hope I am not being egotistic if I say it is critically important. Tell your friends, tell your family, and tell your Congress Critter.
Typically, the arguments against these amendments have been calm and thoughtful, asserting that the activity in question is no real threat to anything, that it is nobody's business to interfere, or that it is not a proper or lawful issue for government action. They have all missed the fundamental point.
The purpose of a Constitution (State or National) is to regulate, and when necessary, restrict the behavior of the Government. It provides the means for creating, promulgating, and enforcing such Public Law as is necessary to regulate, and when necessary, restrict the behavior of the Citizens.
These NutJob amendments are more dangerous for the general constitutional corruption that they embody, rather than any specific topic at which they may be aimed.
1) They are trying to evade judicial review for constitutionality by a simple-minded sophistry: "It must be constitutional because it's in the Constitution."
2) They are trying to smuggle Public Law issues into the Constitution, where they have no rightful place.
3) By abusing constitutional process they trivialize both the process and the Constitution itself.
Simply put, issues of Citizen behavior belong in the realm of Public Law, issues of Government behavior belong in the Constitution. Mixing and blurring the two occur at great peril to both the stability of the State and the well-being of the Citizens.
Public Law is already a chaotic and bewildering catch-bag of contradictions and services to special interests. There is no good reason for infecting a constitution with the same corruption.
Please spread this rant around as far and wide as you can. I hope I am not being egotistic if I say it is critically important. Tell your friends, tell your family, and tell your Congress Critter.
VIEW 5 of 5 COMMENTS
mattacme:
I've been noting with interest how the most successful active motorcycle roadracer is getting his engineers to make the front end more laterally flexible than it was prior to his riding that brand of bike. After decades of making everything stiffer it takes Rossi to get the Ducati techs to make the bike more rider friendly and forget what the theories are so sure of. Do you follow racing at all?
mattacme:
MotoGP testing starts soon and it's the first time that the prototypes will be going wheel to wheel with more pedestrian engined (and engineered) chassis bikes that are part of a new sub-class. Could be interesting. Or not.