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In the name of the founding father, the son and the holy spirit. Amen.
But at what cost in the interim?
It is also for this very reason that we should stick to what the FF's said about the things that they passed in the Constitution. It provides a way in which reinterpretation cannot be made so that it "fits" a person/group of persons beliefs.
As the Constitution is based on individual freedoms then no, it should not be the direction that the majority of civilization should go. Other wise you just have mob rule.
Hard to say. Every soceital configuration has a cost as no society can do everything right.
But there is no objective way to say that any interpretation is best, including the FF's (and individually they had lots of different and often imcompatible ideas anyway, human like the rest of us)
What greater freedom is there than the ability to shape your destiny?
Actually I think we can easily come up with an objective measure.
The USA is the wealthiest and most powerful nation on the planet. 2 points for the Founders.
Citizens of the USA enjoy greater income and more freedom than almost any other nation on the planet. 2 more points for the FF's.
Most of the problems were are having today can be traced to actions that were taken by 20th-21st c. politicians whose Constitutionality is debateable, such as a massive Fedgov that spends $3 for every $2 it takes in.... game, set and match.
The USA is the wealthiest and most powerful nation on the planet. 2 points for the Founders.
It's not so much that I think it needs to be changed (though I could probably come up with things that I think should be changed). It's that I don't think we need to slavishly interpret it the same way that the founding fathers would have. We should interpret it in the way that benefits us as a country most. Here's an example.
Quite awhile ago, I got into a debate on nationalized healthcare. Whoever I was debating with (I don't remember who it was now) argued that nationalized healthcare because was unconstitutional. I brought up the general welfare clause, and their counter-argument was that the founding fathers intent was not for the general welfare clause to be used that way.
That's the kind of thing that I have issues with. I don't believe that the founding fathers' intent should trump our intent in cases like that. We should debate an issue on its own merits, and if it turns out to be beneficial to us as a country, then we should do it, regardless of whether or not the founding fathers would have approved.
Pardon my tardiness. As you requested....
Yes thats what Thomas Jefferson said, however they are other founding fathers like Alexander Hamilton, who had more to do with writing the Constitution than Jefferson did by the way, who disagrees. So by saying you want to follow the interpretation of the Founding Fathers you have to be disagreeing with yourself, because they disagreed with themselves, or you have to pick and choose which Founding Father's opinion you want to support. In that case you clearly cannot say you are following the Founder Fathers' opinions because you're leaving some out. Its a simple fact that you cannot follow every Founding Father's opinion and Constitutional interpretation because they contradict each other.
For example, again, we have Alexander Hamilton who helped write the Constitution and Thomas Jefferson who helped write the Declaration of Independence, both Founding Fathers, and both in disagreement over who should have the authority to interpret it. You cannot have it both ways.
Unfortunately, back then they were consistent in their views, while the modern politicalparties will pick and choose when to be Jeffersonian and when to be Hamiltonian based solely on how these interpretations will assist their own personal views on specific issues. There is a distinct lack of philosophical consistency for many.
1- I love the Constitution.
2- Statism? So you are now a converted anarchist? The last time I looked we both valued both a society with a government and citizens with freedom. I hope you have not changed into an anarchist.
3- Abortion????? And what did I say about that????
[/quote]4- You sound like an 9th grade girl in school lunch room screaming "I love him more than you do and he's mine"
Moderator's Warning: |
Let's reduce the personal attacks and increase the civility. |
I think that in certain cases it can be argued that while there is little historical consistency, if there is internal consistency for the modern thinker, they are still on better ground than they would be otherwise. There is no rule that one should build their views solely based on the thoughts of historical figures.
Madison had more to do with writing the constitution than Hamilton did and he alligned with Jefferson.
In fact, the main differences today regarding constitutional interpretation can really be traced directly back to the disagreements between the Jefferson/Madison school of thought and the Hamilton/Adams school of thought.
Unfortunately, back then they were consistent in their views, while the modern politicalparties will pick and choose when to be Jeffersonian and when to be Hamiltonian based solely on how these interpretations will assist their own personal views on specific issues. There is a distinct lack of philosophical consistency for many.
Thank for you adding to my point, clearly if there are different views of thoughts among the Founding Fathers on the Constitution than following all of their opinions, as if they were all united and the same, is impossible. One would have to pick and choose which to follow or to agree upon, which would inevitably disagree with another. Or you could attempt to justify which Founding Father's opinion, when there is disagreement, is 'worth' more.
And there's also the problem of who will determine the Constitutionality of issues which the Founding Fathers never addressed, how will we interpret the Founding Father's intent on amendments behind the original 10? Or if an issue arises in the courts which is not talked about in the Constitution, how can the Founding Fathers opinions help us there?
The problem I'm talking about is that Hamilton and Jefferson had fundamentally oppositional base philosophies regarding constitutional interpretation. People today continue to espouse those same underlying philosphies as a primary basis, but they will "shift" toward the alternative philosophy when the results suit their personal preferences.
It's not that they are supposed to build their views based solely on teh thoughts of historical figures, it's that they should build their views based on some form of underlying principles, and that they should be consistent in teh applicatiopn of these principles.
The historical figures, in this case, did that.
I largely agree with the caveat that since I don't really consider the FF's an authoritative source, I am free to pick and choose as I see fit
To me, there should be no distinctions based on how you perceive teh FF's. To me, being consistent with your foundational philosphical principles is, in many ways, more important than the actual principles.
If one believes in loose interpretations of teh constitutional clauses (as Hamilton did), they should be willing to entertain loose interpretations that do not fit with their own personal views on the issues.
If one believes in a strict interpretation (like Madison and Jefferson did), then one should be strict in their interpretations regardless of whether or not it fits with their personal views on the issues.
Picking and choosing when to be loose with your interpretations and when to be strict is, IMO, an intellectually dishonest approach to constituional law. This is what both major political parties do right now, though.
However, if someone uses some other underlying philosophy as their guiding force for their interpretations, and has an understanding of those principles, then they have some sort of intelelctual footing to base their argumetns on. One doesn't need to see the FF's as authoritative, oone only needs to be consistent in their own approach.
Ahh I misunderstood you I think. I was thinking more about my stance on specific issues, not necessarily constitutional interpretation. But yeah, I essentially agree.