Thursday, January 17, 2013

My Conservative Manifesto (MCM): Part 13: The Constitution

The Constitution
Here is where i get to post my views on the Constitution of the United States.  Let's put it this way... the Constitution was a nice blueprint to run a nation - but it does have problems.  The more amended it gets, the less it is like it is supposed to be.

Freedoms Are Not Absolutes:
i like the concept that humans have certain inalienable rights.  However, there are extenuating circumstances for everything.  Rights seem to be there unless they interfere with the rights of others.  However, this does not apply to societal customs and not everything is a right.

However, all things come with limitations.  No right is truly absolute.  You can't say whatever you want, you can't really worship any religion you want, and you do not always have the rights to own a weapon.  The extents and limitations of these rights should be at the hands of the states, not the federal government.  The shift to a stronger federal government has definitely come with a cost.

So, the question then becomes what is a right and what isn't... It is probably a good idea that the founders didn't list every possible right they could.  However, it was supposed to be the states that filled in the gaps - not the federal government and the court system.

That being said, if a city wants to ban handguns (or something) in public i see no problem with that - as it is really an issue of public safety.  As long as the citizens are allowed to possess any type of firearms - that is ok with me.

A Written Constitution is a bit messy:
One of the problems the US has is adding thing to the constitution that really don't need to be there.  The thing off of the top of my head is Prohibition.  Then they had another amendment to say a previous amendment was wrong.  i know not everything can be added as an amendment (and they have some safeguards to prevent that), but really most of the amendments seem extraneous to me.  The problem is that if you codify something you open up a whole world of abuse.  Another huge problem is how the court system has aided the federal government in spreading its influence.  Some of the later amendments could have been accomplished without being added to the Constitution.

Summary:
Being as i largely lost what i was going to say, i guess i should sum it up...
* The Constitution is a basic framework, but one that is somewhat dated - it is a good start, but not everything.
* No right is an absolute - there are always mitigating factors.  It is not the government's responsibility to "create" new rights that do not really exist - ie marriage, abortion, etc.  Therefore, these issues are truly not Constitutional in nature.
* Some of the concepts may need to be updated, and the judicial branch really should be challenged more than it has.
* The "Line Item Veto" does not violate separation of powers - it actually better helps check the congress.

Original Post Date: 05/01/11

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