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To: billyboy15
The schools, surely in a deliberate fashion are not teaching the Constitution nor it’s importance and yes it’s pure prescient genius.

Yes, but obviously that "pure prescient genius" is not perfect. And it probably never can be.

To state the obvious, that the powers not granted to the Federal government are reserved to the states, or to the people is in fact genius, were it not subject to any "interpretation" to the contrary. That is what "opinion" means. Then potential chaos ensues.

An extreme example would be a state which is entitled to define marriage as anything it chooses. The impact on adjacent states which has different rules is certain. That was exactly what was intended.

A further extreme example is if a state chooses to define a gay union as marriage by popular consensus, is it empowered generations later to rule that they are not? Would that invalidate the previous "marriages" or maintain them, but prohibit future ones?

That these contradictions are never debated for the record is a major (unavoidable) fault in our system.

But debating those pitfalls is always useful. Just as obvious is the context of the subject discussed, at the time the document was created. It is not an impossible task to determine what that context was, both in language and accepted behavior. Some implicit foundation existed, and were considered explicit, even if unstated.
The immutable Bill of Rights reinforces that assumption. It is not subject to modification. Otherwise, the mythical Constitution as a suicide pact would be inevitable.

This discussion is fascinating, and certainly overdue, and the tyranny of the judiciary is but a small part of it.

30 posted on 12/04/2015 2:02:03 PM PST by publius911 (IMPEACH HIM NOW! evil ignorant stupid or crazy-doesn't matter!)
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To: publius911

“A further extreme example is if a state chooses to define a gay union as marriage by popular consensus, is it empowered generations later to rule that they are not?”

Yes, that can happen. Legislatures are sovereign. Laws passed by a previous legislature can be enhanced or nullified by a future legislature.


32 posted on 12/04/2015 2:47:48 PM PST by sergeantdave ( If not you, who? If not now, when?)
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