We need to fix the Constitution.

[brush]

The Constitution was written by white, male slaveholders whose wives were their property and who couldn't vote. And too many Americans see the document as infallible. Of course it's not. It's a great framework but has flaws (the most obvious being the 2nd Amendment and Scalia's Heller decision on it) and needs modernizing and made easier to amend so that it becomes a living, breathing document that allows the nation to progress as times progress.

And speaking of amendments, the lifetime tenure of Supreme Court justices needs looking at as the present SCOTUS Taliban 6 are running amuck, snatching women's rights, defanging the EPA, making it even easier for guns to be carried openly in public which of course means a new mass shooting even more frequently.

And they're not finished yet as they've promised to take on a case in the next session to decide if state legislatures can toss our election results that don't please them. And that's not all as Uncle Clarence has threaten to review decisions on contraception, same-sex relationshipss, and same-sex marriage.

We're in trouble. The document is not sacrosanct and we should start talking up the need to make it easier to correct its flaws.

[elleng]

1. We may be in 'trouble' now with the Constitution etc we're familiar with,

but I sure as hell don't want another constitution and/or amendments in the hands of the lunatics.

[brush]

2. You agree though that there are flaws that are huring the country with the continuing mass shootings

Last edited Fri Jul 8, 2022, 12:27 PM - Edit history (1)

Right?

[elleng]

3. Flaws in the Constitution are not causing the continuing mass shootings;

repugs and nra are doing that (along with 'friends and families who ignore and/or misuse red-flag laws.)

[brush]

4. Scalia's Heller ruling, now in the Constitution, freed the floodof guns into society.

and the NRA and republcans took it from there.

[elleng]

7. The Court's opinion should not be taken to cast doubt on longstanding prohibitions

on the possession of firearms by felons and the mentally ill.

History demonstrates, Scalia said, “the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever .

Scalia also made clear that Heller casts no doubt on laws prohibiting possession of firearms in "sensitive places such as schools.

[Frasier Balzov]

11. One of the most terrible and insidious things that decision did

is set forth the term "in common use" as the standard of weaponry we are going to be forced to endure.

That really makes inevitable our descent into an ever worsening lethality just as fast as the firearms factories can produce it.

The true hell in Heller.

[brush]

13. Heller's decision was claptrap, just as his orginalist theories, which he obviously deviated from...

in the Heller ruling.

[Demsrule86]

21. Nope. Can't be done.

[wyn borkins]

5. For Consideration...

All federally-elected officials having a mandated time-in-office set at ONE Six-Year Term, then you are out of that specific office, but could certainly apply for some other position before the next election cycle. This would be retroactive for all current federal office-holders, including supreme court justices.

[brush]

14. Worth considering.

[Demsrule86]

22. No. That would cause lame duck chaos.

[Igel]

28. Was on a board with short terms.

What happened is that the learning curve was so steep that by the time members learned what they should do and could do, most of the term was over.

By the term long-term problems became clear, the term was essentially over.

This empowered the permanent employees of the board, and the top level employees basically ran the place to suit themselves. No institutional memory, no garnered expertise.

[Triloon]

6. In other words,

You think this would be a great time for a Constitutional Convention?
Have you thought of who else thinks that's a great idea? It can't be done unilaterally and we haven't even been able to get the Equal Rights Amendment through.
Seems like a suicidal distraction to me.

[brush]

15. No, the right has the advantage of control of more state legislature. I just think we need to keep..

talking up the need to keep pointing out that the Constitution is a solid foundational document which needs modernization as the founders had no way of foretelling technological developments hundreds of years in the future.

Perhaps codifying some changes like are being proposed now for an abortion law can be done, although it certainly won't be easy with the obstructionist republicans...easier than the Constitutional convention route though.

[Demsrule86]

23. Some just wont accept the fact that the only way out of this is to vote for Democrats and

not doing that has caused all the problems.

[tirebiter]

8. Are atomic fireworks next on the agenda?

[brush]

16. If you say so. It's a shame the founders didn't anticipate them either.

[PJMcK]

9. Good luck with that idea

Consider how difficult it is to amend the Constitution.

Then consider the chaos a Constitutional Convention would present.

So, yeah. We need to fix the Constitution.

[brush]

17. See post 15.

Last edited Fri Jul 8, 2022, 12:41 PM - Edit history (1)

[CloudWatcher]

10. The Senate

The Senate is a disaster. It should go the way of the UK’s House of Lords. Absolutely ridiculous in concept and execution.

[brush]

19. Agreed. The filibduster, a rule not even in the Constitution, allows the minority to rule the body.

[Demsrule86]

24. No way.

[BigmanPigman]

12. We need to get rid of the Electoral College.

[brush]

18. That's for sure.

[Darwins_Retriever]

20. Koch and his Minions have been working on a constitutional convention

Majority of state legislations are dominated by the Fascists. So guess who would dominate a Constitutional Convention. Christion Nationalists, white nationalists all want a Constitutional Convention. Right now the only solution seems to be expansion of the Supreme Court.

[brush]

30. See post 15.

[48656c6c6f20]

25. OMG! You want to change a divinely inspired

Document that was handed down by God his white self? You'll be crucified for suggesting it. It's rumored that Jefferson burns in hell because he suggrsted it change every so often. No sir Bob, you're messing with heavenly forces that cannot be changed.

[brush]

29. I like your thinking.

[discntnt_irny_srcsm]

26. That is why we have amendments.

We need to unite voters first. Of the 121,438,833 registered voters, about 40% (48,019,985) are Democrats. There are 30 state legislatures controlled by Republicans and 28 Governorships. IMO an amendment(s) proposed by Democrats has about zero chance of getting ratified because, more than anything else, Republicans are anti-Democrat.

[CousinIT]

27. I like David Rothkopf's take on it:

https://www.democraticunderground.com/100216897002

I'll never happen in my lifetime but I sure wish at least some of it could!

[brush]

31. Great list.

[sarisataka]

32. You do realize

Others want to "fix" the Constitution too?

There could be a document that includes the right to keep and bear arms at all times in any place. Also an affirmation that life is considered to begin at conception, a statement that while not having formal state religion the country was founded on traditional Christian values and laws should be interpreted from that perspective, and that marriage is defined as strictly between a man and a woman.

Said document could also include the provision that upon ratification by 26 states it supercedes the 1789 Constitution; said Constitution and all of its Amendments are null and void. The 202x Constitution immediately becomes the law of the land in all 50 states overriding all conflicting state laws... Today Republicans have legislative control in 30 states.

I can add more to this horror story but I think you get the gist.

[brush]

33. See post 15. Being scared to do anything because...

of forces on the right is why we're where we are now.

[sarisataka]

38. Cart before the horse

We can't fix the Constitution without controlling more legislatures.

I did make one error- it would require 38 states to approve a replacement to the Constitution but only 34 are needed to call a convention.

Over the years I have heard how it is "impossible" to win the red states with a laundry list of reasons. However if we don't start trying, attrition may give Republicans the numbers they need to impose anything they want.

[brush]

39. Controlling more state legislatures is a very remote possibility.

Let's see what can happen with codifying with fililbuster carve outs if we get a couple of more Senators in Nov. in the Senate.

[MineralMan]

34. Can't do any of that right now. When can we?

When we elect more Democrats to both houses of Congress and in state legislatures. How do we do that? GOTV!

[brush]

35. I agree with that. See post 15. There could be some...

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movement that way.

[maxsolomon]

36. We won't.

It's as simple as that.

[brush]

37. That's all you've got? See post 15.

[maxsolomon]

40. That's all I've got.

nt