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Is it time for a constitutional convention called by the people re: illegal immigration?

Posted on 03/27/2006 5:46:36 PM PST by Jim Robinson

Edited on 03/27/2006 8:53:53 PM PST by Jim Robinson. [history]

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To: Jim Robinson
YES and AMEN!!!
401 posted on 03/29/2006 6:53:17 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: Jim Robinson

To get htis off the ground you could post a mock amendment draft with a list a link to congress, senate, and State Senate, for each of us to send it to.

We could then hold town hall meetings with our local GOP senators and release the info to the conservative news shows like Limbaugh, Hannity, Savage, Farah, etc.

Ops4 God Bless America!


402 posted on 03/29/2006 6:57:30 PM PST by OPS4 (Ops4 God Bless America!)
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To: ozarkgirl

The only people who make money when you buy Grupo Bimbo products are the elite, who ethnically, are as removed from the illegals as George W. Bush is. I think that keeping the illegals flowing to the U.S. is their version of ethnic cleansing.
Being a rather taupe Texan of Spanish, Mexican-Indiginous-Indian, German and French descent, Mr. HR and I, while on vacation down there, were amazed at the "lack of taupe people". Outside of Mexico City, everyone is either lily-white Spanish looking (think Princess Stephanie/Caroline) or Indian looking. There is no "formal" caste system based on ethnicity anymore, but it's still there informally.


403 posted on 03/29/2006 7:08:50 PM PST by hispanarepublicana (Hey, Washington, which laws do I get to break?)
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To: MamaDearest; Donna Lee Nardo

A ping to two of the smartest ladies I know-Help?!


404 posted on 03/29/2006 7:43:12 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: Billthedrill; Publius; Jim Robinson; Vicomte13; endthematrix
"...Enlightened opinion is markedly unenlightened. We have one line of communication that is unfiltered by political corruption, and this is it...

I've paused in any further posting to digest all of the opinions offered on this thread. Several things seem to be emerging. Let's see what we've got:

To fix the problem with the barn, a number of villagers get together and the crowd noise begins. A vocal minority thinks the whole idea of a barn is a bad one in the first place- another group thinks that barns are too much trouble to fool with, and that the roof will always leak- a third group is angry that barns will never be built exactly the way they used to be-

... and amidst the noise among the bushes outside, a few citizens decide that perhaps the whole idea needs first be explored, and plans firmed up, before the first nails are driven, and especially, before the first old boards are removed.

I've spent most of my adult life managing small business, and it seems that many of the basics apply here.

No one should advocate driving off those who wish to talk outside, who have entertainment more in mind than hard work, and those who have just passed the point in which betrayal and cynicism have wrecked them for trying one more time.

Sometimes, the barn doors need be closed, and the folks who actually agree to examine the options need a chance to propose, dissect, assemble and debate, without the drive-by comments raising the ambient noise level to the point where no one can follow coherent proposals.

I don't think anyone would dream of restricting debate on this or any other thread, since the power and reach of FreeRepublic devolves from just the opposite approach, but it seems to me that a point is reached where a certain number of persons looking at the old creaky barn have to say, "We need some concrete options, argued by those folks, and only those folks, who agree that the options need be explored. Now, the other folks sure have a right to contrary opinions, and many may feel that it is too late, the odds are to stacked against us, etc. Is it unreasonable that those who find the idea wholely without merit should be left to argue outside, while a few hundred of those who agree that something needs to be done retire to one of the horse stalls, and pull out their notebooks?"

I believe that a separate thread should be set up, with just a few posits, listed in the next paragraph. Please let me know what you think, and whether this might be the time and the place to establish, for lack of a better word, the equivalent of a special-interest think tank- an advocacy group- to assemble an argument for change.

1.... The most effective business or political undertakings are those where the objectives are spelled out in a carefully constructed set of arguments, tailored in such a way as to be understandable, compelling and thorough. In the middle of any debate, even the best advocates cannot, in the heat of the argument, construct the most effective arguments on the fly. What is needed is a set of aims/proposals/methods which can be proposed, dissected, and polished, not in front of the national audience, but rather ahead of time by those who then perfect the presentation to anticipate every possible objection and be pre-schooled to deal with them.

If such a working group can prepare a "work area", most persons who are against such an idea will at least respect the rights of those involved and hold their comments, (and hopefully their final opinions), until the complete proposals can be presented by the "Subcommittee" to the "House Floor". Those who are so ill-considerate to insist on "I hate Bush", We're all doomed", and "That Pickrell just makes up stupid stories in other posts [True, of course, as I am by nature a teller of tales with a point]", should be few and far between, and easily dealt with.

This is certainly not to say that differing and contrary opinions need be excluded, but there has to be a basis to begin. It may be possible and even desirable to break things up into several factions, so that the "arena floor" of Freerepublic may examine several complete, competing ideas and solutions, so the floor can be pre-polled to determine where the Republican base might lay on this issue.

Perhaps the fault lines could be laid out thus:

Is it the right time... will any other time offer more advantages than the dangers of waiting for "a sign, a spark to set it off"?

Is it the worth the time... is there enough of a possibility of success that persons will commit to the energy, thought, and just plain time necessary to determine where the preponderance of conservative lies at this time?

Is it inevitable? If so, any work done preliminarily to poll the mainstream of conservative thought surely cannot be wasted, and will simply get the process moving, by first examining our starting pre-judgements, fears and strengths. We need to know where we are before we can dare hope to begin moving the conservative base to where it needs to go. Just as importantly, we need to be able to overcome with logic and persuasion, the arguments presented by our own base first. For without moving the Republican base into the front lines... we have no possible hope to turn around the battle.

Are we the ones to do it? Aren't there lots of other political groups doing it already? Why do we... have to do some hard work? IS there anyone who still believes that the combined forces of the Conservative Advocacy is doing even an adequate job of presenting a strong case for the conservative aims? Are we sold that the current Republican Party... is selling conservatism... or pushing through perhaps some other ideas that are not only not resonating with the American electorate, but are instead being seen as the Failing Conservative Plan, and yet bear only a filmy-thin resemblance to the thoughtlines of the average conservative voter? I would argue that if we want it done- we bloody well begin to do it, and construct a strong argument that makes sense to the voter, and is eloquent enough to resonate. Once started, many may give up their scepticism and join in. Powerful tides begin with little waves.

Given the fault lines which develop, (as they certainly will, and obviously already have), could we task the following, insisting that those who carry the strong ideas be willing to work up a coherent, mature, and compelling presentation that can expand into a Conservative Mandate. If you want into one of the following war-plans groups, the price of admission is a thoughtful, disciplined essay detailing specifically your last, best arguments to win over the country. Fact talks, and rumor walks. Have backup ready for when challenged. There is no room for the de minimus drive-by comments.

Group A, to be comprised of those who believe that the only solution to the current problems of the Republic lie in a Constitutional Convention, and that the best way to proceed with such is X,Y and Z. Rather than being deflated by those who say it cannot, or should not, or won't be done, it needs to vigorously pursue a compelling set of arguments as to the urgency, the necessity, the timeliness, and advantages of.. a Constitutional Convention.

Group B, to be composed of those who believe a Constitutional Convention is not the answer, for whatever reasons, and who feel that a Third Political Party is the only way to right the ship of state. Rather than being deflated by those who say it cannot, or should not, or won't be done, it needs to vigorously pursue a compelling set of arguments as to the urgency, the necessity, the timeliness, and advantages of.. a Third Political Party.

Group C, to be composed of those who believe that neither of the preceeding two options are best, and who think that a Conservative Caucus is overdue. Rather than being a racially polarizing affair like the Democratic Caucus, a Conservative Caucus would welcome all men of good character who want the best for their grandchildren. Rather than being deflated by those who say it cannot, or should not, or won't be done, it needs to vigorously pursue a compelling set of arguments as to the urgency, the necessity, the timeliness, and advantages of.. a Conservative Caucus, and it's accruing voting block.

Group D, to be composed of those who ascribe to none of the above options, and who feel they can make a compelling argument for a fourth option. And finally, and this is necessary, Group E, to be composed of those who may feel that sufficient progress is being made towards demolishing the worst abuses of collectivism and liberalism which have afflicted the Republic.

There will of course be two undeclared groups. The first of which, and I fear perhaps the largest of which, will be those who only stop in for the beer and chips, who enjoy FreeRepublic but who have no interest of actually taking part in building a response. And there is certainly room on the site for them, and the welcome mat should remain laid out. For things can change. Especially if the above groups work up a compelling set of presentations.

Finally, and this will be the smallest, yet most dangerous, of the lot- those who wait to see what ideas are examined, and discarded as undesirable... and yet hurry to the democratic meetings with snippets to be used later to discredit, and smear.

There can be no open forum that is not subject to such persons. They create no ideas of their own, and work as gnomes to carry the night soil to their masters, to be examined for clues as to the diet of the shakers and movers. If we are aware of, and prepare for those creatures and their handlers' moves ahead of time, then very little chilling effect should take place.

Please tell me that a considerable group of the best and the brightest on this forum are committed enough to shape and begin to deliver the message that the present "party leaders" seem to... have had difficulties with. Failing that, please tell me where I err. I don't want to waste time if we are really just a polite debating society, suffering dispepsia at the thought of taking the bull by the horns.

This bull has had a free romp for long enough, but he will have to be brought to the new barn by those with the website skills that are long past us old farts. Leave us to listen quietly and offer comments in whatever on-site trailer you young troops construct to do the job.

405 posted on 03/29/2006 7:45:07 PM PST by pickrell (Old dog, new trick...sort of)
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To: cripplecreek
Mexican flag flies over Chasewood North in Jupiter . . . at least for now

Sometime Saturday night, according to Chasewood North Community Board member Sue Miller, someone put a Mexican flag,

406 posted on 03/29/2006 7:51:14 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: pickrell; Billthedrill; Publius; Jim Robinson; Vicomte13; endthematrix

Thanks for the post.

I would fall into Group B: I think a new political party is needed.

I would vote for a party that stood on this platform:

On a going-forward basis, we will enforce the Constitution of the United States, as written. Where we oppose the result of enforcing the Constitution as written, we will propose an amendment to the Constitution. We will oppose every effort to undermine the Constution's plain meaning through either legislative subterfuge or judicial reinterpretation.

In the interest of stability, we will accept existing Supreme Court precedent as the binding interpretation of the Constitution, particular as regards the right to an abortion contained in Roe v. Wade, and the right to homosexual sodomy and sexual privacy. We believe that both of these decisions were unconstitutionally decided and a judicial overreach, however we understand that custom and practice are also part of the unwritten constitutional order. Therefore, we will accept the existing interpretations as the existing constitutional law.

However, we will support any judicial override of either decision, if the Supreme Court comes to its senses. We will also propose three Constitutional Amendments:

(1) Establishing that, for the purposes of the US Constitution, life begins at the moment of conception.

(2) Establishing that the right to privacy of intimate sexual relationships is a civil right protected by the Constitution of the United States.
and

(3) Establishing that states shall not be required by the comity clause of the US Constitution to recognize unions other than one man and one woman as legal marriage.

We will take other constitutional stances, and propose amendments where needed.

To wit:

- no more foreign wars without formal declarations of war by the US Congress, as we believe is required by Article I of the Constitution. We recognize NO "necessity" override to the Constitution. If the people do not support war sufficiently to enable Congress to declare war, then the United States is constitutionally obligated to remain at peace.

- the USA will defend its southern border with barriers and force, cutting off the flow of illegal aliens. As to those illegal aliens within the USA, those with a criminal record of violence or property crime shall be deported to their country of origin. Those without such a record shall be regularized and, in time, nationalized.

That's a start.


407 posted on 03/29/2006 8:19:46 PM PST by Vicomte13 (Et alors?)
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To: antceecee
Aren't Taxes Illegal?
408 posted on 03/29/2006 9:36:31 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: mhking

You know we are screwed here in Chicago MH...Daley has taken our rights to bear arms, outlawed smoking, supported the protests here...

Blago is Daley's boy so...


409 posted on 03/29/2006 9:38:06 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: hole_n_one
BUMP!


410 posted on 03/29/2006 9:45:13 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: MikefromOhio

411 posted on 03/29/2006 9:46:23 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: DakotaGator

Very thought provoking post


412 posted on 03/29/2006 9:48:15 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: melt

413 posted on 03/29/2006 9:50:31 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: JustPiper

Good won. LOL!


414 posted on 03/29/2006 10:15:26 PM PST by melt (Someday, they'll wish their Jihad... Jihadn't.)
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To: melt

thanks I have to many ;)


415 posted on 03/29/2006 11:58:46 PM PST by JustPiper (Illegal Protesting Jihad going on)
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To: Jim Robinson; First_Salute
Americans wake to finding their flag poles with Mexican flags replacing the stars and strips


The Stars and Stripes have been replaced by the Mexican flag
at Chasewood North, and residents of the condominium community
off Central Boulevard are puzzled as to who made the switch.

* * *

FRPR "normy" - reply 56:

2 days ago I was in my truck listening to Savage rant about the mobs in California when I turned to my right and there in a delivery truck at the light was a man I know named Mialo. Now Mialo is an illegal immigrant who worked for a buddy of mine. This buddy found out he and another of his guys were illegal. My friend got them tax numbers and started paying taxes on them to the IRS. A month or so ago both of the illegals were picked up with two others by the cops because they were shooting deer on private property and throwing them in their truck. Both were deported.


416 posted on 03/30/2006 5:50:37 AM PST by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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To: Small-L
I'd suggest we form a third party (the Free Republic Party), or at the very least a unified faction within the Republican Party..

As a lobby? Great idea!

417 posted on 03/30/2006 6:12:18 AM PST by yoe
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To: Vicomte13; Publius; Billthedrill; Jim Robinson; endthematrix
"...That's a start..."

You are an apparent master of understatement. That is an awesome start. Would you have the time to start a thread specifically tailored to further polish that into a "floor-presentable" advocacy, and could you recruit enough (and I ask this without denigration to anyone) "peanut gallery persons" to run your final, last best argument by... in order to gauge the support you can gather, and , most especially, work up a mechanism to see what percentage of minds you might have changed?

If we all think in terms of re-capturing the dispirited, here on Freerepublic, who may be succumbing to the wormtongues of the press, and buying into the nonsense that what we have seen is all that the conservatives have to offer,- then, we could move on to doing the same with the dispirited Republican base in general. Should we begin to capture their imaginations, the "program" would probably be strong enough to present to the great undecideds of the electorate.

What would be necessary for each group would be twofold;

First to assemble the necessary "technicians" who have the legal background and hard experience to lay out the mechanisms and order of implementation necessary to build a new party from the ground up.

Second would be to assemble the necessary "prose-masters" who can effectively communicate the need, the applicability, and the timeliness of your group.

The prose-masters, the speech writers if you will, cannot function effectively without the iron-hard assurance that all that they are handed in the way of mechanisms and techniques are absolutely screened legally and factually. Without that they will become quickly disillusioned.

The technicians, the theorists and legalists, cannot function effectively without the iron-hard assurance that all of the work that they finally develop to implement the mechanisms, will be cleanly, beautifully,- and as a result, compellingly-, articulated into a "campaign".

I have to believe that the awesome talent that resides here at 1600 Freeper Avenue, will eventually sign on, and perhaps even jump at the chance, to reshape the party message, or failing that, as you posit, to construct anew a party that will present the best advocacy of conservative thought.

Finally, of course, you will recruit the champions,- those Freepers who, (unlike us Michael Moore-ish lookin' love children of Yasser Arafat and Helen Thomas, [wink]), have the stage presence, the eloquence (an absolute necessity now), and the drive to passionately argue your position.

Those whom I hope to recruit in the support department, who stand behind the lines and "handle the telephones", can provide whatever support to all sides in the way of beginning ideas and structures to kick-start the groups.

I firmly believe that in order for the conservative movement to achieve permanent ascendency in American politics, we need to first match the Bill of Rights, with a Bill of Responsibilities, that each American citizen, and critically-, each foreigner who aspires to live in this country as a citizen, must embrace also.

This Bill of Responsibilities must consist of those duties that every American, of whatever creed owes to those who gave their lives in the past to build the foundations of freedom for us all.

And I am sincerely hoping that many minds far more talented than I will sign up for a support group, independant of whatever work they may do to further the "directions" groups, to articulate for the American people a compilation of what holds conservatives together.

To put in a plug for support, and only as a weak start; I believe:

THAT EVERY CITIZEN owes a debt to this nation to support its continuing existence and security against all enemies foreign and domestic, and that this obligation transcends differences over immediate policy. That far from ending at the water's edge, that this policy begins at the waters edge, both physically, electronically, and journalistically.

THAT EVERY CITIZEN must welcome all other citizens, not on the basis of their creed or color, but rather on the effort they bring to the national well being, by the corresponding welcoming they extend and will fight for, so that those of different religions and cultures may enjoy the same freedoms that they enjoy.,p> THAT EVERY CITIZEN must hold his citizenship dearly, in deference to the enormous cost of maintaining our freedoms. That citizenship cannot be held cheaply, nor stolen in the night, nor strong-armed by foreign-directed deconstructionists who hold antagonisms towards the freedoms that our citizens enjoy.

The above rough draft is but a poor start to a polished and powerful articulation of what conservatives will hopefully agree en mass on, that all citizens owe to this country.

Everything has to start somewhere, and my fondest hope is that my poor efforts will be supplanted in favor of a powerful new vision of a responsibility society that will eventually replace our entitlement-centered current mentality.

If we can't articulate a vision, we can't develop a following. If we can't develop a following, we can't advance an agenda.

And if we can't advance an agenda... then we are surely lost.

A plea to all who might feel an obligation to those who died to hand us this opportunity. Improve or replace my feeble beginning efforts and personally participate in a revitalization of the conservative advocacy. Don't just tell me where I am wrong. Show me something better, and I will carry your banner... as long as you agree to carry the banner of the one who comes after you with an even better idea.

Let the democrats languish as a party of personalities, chained to the glamor of a few flawed personalities.

We will know that we have achieved something when any of us could fall to a media-planted improvised explosive device, in the form of a crippling personal attack, and the wagon will continue to be pushed along the road by those who remain standing. If we become a party of ideas, supported by champions, rather than a party of demi-gods, protected by half-baked demands, then we disarm the best weapons that the liberals have... that of misrepresentation, sub-division, and obfuscation.

418 posted on 03/30/2006 7:22:43 AM PST by pickrell (Old dog, new trick...sort of)
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To: JustPiper

Cute!

(You've been busy, great posts).


419 posted on 03/30/2006 9:42:23 AM PST by antceecee
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To: pickrell; Publius; Billthedrill; Jim Robinson; endthematrix

In answer to your primary question: "Would you have the time to start a thread specifically tailored to further polish that into a 'floor-presentable' advocacy, and could you recruit enough (and I ask this without denigration to anyone) 'peanut gallery persons' to run your final, last best argument by..."

the answer is that I would have the time, and the willingness to do some of those things, but I would not be willing to actually START a thread. Starting a thread on FreeRepublic is a perilous thing. There are actual rules, and rules of etiquette. Now, I DID start one thread, once, on the Religion Forum, about possible Catholic/Orthodox Reconciliation, but that is a small forum on a very particular issue of interest to...well...nobody but Catholics and the Orthodox. To actually START a thread on the political fora?
I don't want to do that.
I would publish under a thread somebody ELSE started, but I am not comfortable unfurling a banner of my own like that, on this website.

As to the ideas themselves, well, they are what I believe.
I sit in a strange position, sort of in a Franco-American straddle, looking at both countries with the bemused view of an insider who's an outsider, and an outsider who's an insider.
Mostly, I am ruthless about consistency.

If someone is going to argue for the pure text of the Constitution as the basis for certain rights, he will either do it as a pragmatist who admits he's trying to achieve a goal, or he will argue as a philosopher and insist upon his interpretation as a matter of right or wrong.

I am a pragmatist. That is why I am willing to say things like: "Roe v. Wade is unconstitutional, because the Supreme Court exceeded its power, but so what? It's the Constitution NOW, because people have accepted that the Supreme Court has that power. So let's start from the stable foundation of what everyone knows the law is, and honestly make arguments to change it.

I am perfectly capable of being a theorist. Theoretical thought about absolute values is much easier (and more entertaining) than pragmatic thought to achieve tangible and limited goals. The problem with theorists, though, is two-fold. First, they tend to become extremely passionate, self-righteous and priggish about their theoretical constructs...but secondly and more importantly, their theoretical constructs completely and utterly collapse every time you move to a different subject.

The truth is that our laws are a patchwork of ad hoc solution to immediate and long-term crises. Nobody is willing to invest the time or energy into permanent solutions for the ages to perennial problems of the ages. But lots pretend to...before rushing pell-mell straight to the pragmatic conclusion they prefer, while insisting that they are being purist and rational and eminently theoretically true to their values.

I am going to give you some of the nastiest examples currently out there, to demonstrate what I mean.

There are plenty of conservatives who hold these four values simultaneously:
(1) Suppression of the printing of obscene material is constitutional.
(2) It is unconstitutional for the federal or state governments to restrict gun ownership, require registration, or to do anything else limiting firearms.
(3) There is no constitutional right to privacy, and therefore:
(a) Roe v. Wade is unconstitutional, and
(b) the Supreme Court is wrong: there is no constitutional right to consensual sodomy.
(4) The War on Drugs needs to be fought.

Now, if the conservative who holds these views is a pragmatist, he simply holds these views and agitates for them. But I haven't met many admittedly pragmatic conservatives on the West side of the Atlantic ocean.

Rather, American conservatives tend to be quite militant "constitutional originalists". They have not thought this through very well, or do not really, fully grasp their own arguments about the constitution in totum. Because if they did, they would see that that four-point agenda utterly collapses. You cannot simultaneously hold all of those viewpoints and be a TRUE constitutional originalist.

A true originalist observes, correctly, that the US Constitution applies to Congress, only, and only applies to the states where it specifically says so (which is in only a few places).
Now, what that means for our list is that there cannot be a FEDERAL law against publishing and reading child pornography, STATES can require gun registration and even make guns illegal, STATES have the sole power to determine the legality and limits on abortion and sex within their territories, and there can be no Federal War on Drugs. If STATES want to legalize, our outlaw, drugs, that's up to them. The power to prohibit use of drugs or suppress any sort of publishing is not granted to the Federal government by the US Constitution, and therefore it does not have it. THAT is TRUE originalism.

And it stinks to holy high heaven.
Apply that, and you're going to have drugs running rampant in the country, because federal enforcement is unconstitutional. And you will have an explosion of child pornography, because that's publishing, and the federal government can't pass ANY laws restricting that. California CAN flat out confiscate guns, because the Second Amendment binds Congress, not the States, at all.
The results of strict originalism are ridiculous and totally unsatisfactory. The American Founders were not really visionary geniuses for the ages. They made an ad hoc document for the issues of their times, and it only still works precisely BECAUSE nobody really fully respects it.

Still, conservative theorists use the Constitution as their rallying cry.
Well, ok, so if we're going to do that, then let's really do it.
Let's apply the full Constitution, as written.
That would be so very BAD, that before we get there, we'll need to propose a whole bevy of amendments to bring it up to date.

For example: privacy and sexuality. It's true, there's no right to sexual privacy in the Constitution. The Federal government can't regulate it. In theory States can do whatever they please. So, Griswold v. Connecticut, in which the Supreme Court struck down Connecticut's law that banned married couples from obtaining birth control, was formally an unconstitutional decision. And the Supreme Court decision that no longer allows states like Virginia and Mississippi to punish even married couples for having oral sex in their own homes as felony sodomy is also an unconstitutional decision.
Hey, that gets us back to originalism.
But it SUCKS. Mississippi has no business telling any adult s/he can't have oral sex. It is not the federal government's damned business OR the state's damned business OR the town's damned business. This is something that HAS TO BE protected constitutionally. Right now, it IS because the Supreme Court has said it is (thank God!). But if we really stick to originalist purism, then Mississippi can outlaw oral sex between married couples.
And that is an absurd and unacceptable result.
The Constitution is not as important as keeping government, ALL government, out of people's bedrooms. It is none of the government's damned business, and communities do not have the RIGHT to impose "local standards" that intrude that deeply into private property. Anywhere in America. No matter what.

Now, as a pragmatist, I look and see that the Supreme Court has imposed that rule on all of America. Mississippi's marital sodomy law is still on the books, it's STILL a felony in Mississippi for a married couple to have oral sex in their bedroom. But guess what. The Supreme Court says that the US Constitution contains a right of privacy which nullifies the Mississippi law. Of course that's factually wrong. The Constitution doesn't. But as a pragmatist, my view is "So What?" IF Mississippi has such a powerful (and hypocritical - let's put a secret camera in THEIR bedrooms) puritan lobby that it will not eliminate a law like that, well, then something has to sweep aside all such laws and make it plain that, in America, in 2006, the age when government at ANY level can regulate private sex is HISTORY. Nobody gives a damn what the Constitution says or doesn't say. That sort of law is beyond the power of government now, and if states won't get rid of laws like that, then something needs to come smashing down on them from on high that takes the power away from them constitutional or not. It's worse to have felony laws applying to private consensual sex than to have the Constitution violated.

That's what I say, as a pragmatist.
But I understand my Americans well. Americans are idolaters of the law. They go into severe cognitive dissonance at the thought of it sometimes being good for the law to generally be ignored. In the conservative movement, there is a drive for intellectual purism on the Constitution. Ergo the originalist movement.

And so my proposal bows to that reality.
That's why I suggest that we accept, as a party, that EXISTING Supreme Court precedent will continue to be good law, even though such decisions could not be taken in the future by a more correct application of judicial review as understood by the Founders. That acceptance of existing precedent means that private consensual sex between adults is a constitutional right that can't be regulated by the states or cities.
In order to bring the actual Constitution into line with the pragmatic reality that we MUST finally arrive at comes the proposed Constitutional amendment which says that private consensual sex between adults cannot be regulated by government. That restores the purism.

Now, as a pragmatist, I know that there are a lot of religious conservatives who will balk at enshrining that in the Constitution...and such an amendment might never pass.
Which is fine, because we've accepted existing precedent as law, and existing precedent is just that, so we get to the right result whether the constitutionalist purists amend the Constitution or not.

I've picked that subject because it is intensely personal to most people, and sharply highlights the constitutional issues.

Another is guns. Apply the Constitution straight, and the federal gun laws are illegal, but any state gun restriction is legal. The Constitution applies to the federal government. It says that the Federal government cannot infringe on the right to keep and bear arms, because a militia is necessary. That doesn't say the states can't well-regulate their militia any way they damn please. And that can include the decision that a militia is no longer needed, and confiscation of ALL guns. I don't like that result, but that's what the Constitution SAYS, if you apply it literally.

Well, ok then, what solution?
The solution is to recognize a Constitutional right of self-defense, a FEDERAL right to keep and bear arms, and put it into the Constitution. Opening the issue WILL subject it to regulation. There has to be some regulation of firearms. But it at least forces out the debate, and makes it national, removing the ability of San Francisco to say "No Guns", and removing the right of North Fidelity Alabama to say that everyone MUST carry a gun.

In the end, I want some intellectual rigor and clarity, and national rules that reflect the will of the people and common sense. On major moral issues, I do not believe that local variation is tolerable. I DON'T think that Mississippi should be able to regulate private adult consensual sex, or that Virginia should be able to decide that blacks and whites cannot marry, or that New York should be able to decide that life begins at birth and authorize abortion during normal labor.

I think that there are right answers to these issues, which represent actual abiding moral values that most people in the country hold, and that just like free speech, these should be national standards that override local preferences. Of course, that's what we already HAVE, in these cases, but it's all ad hoc and relatively dishonest.

I want honest discourse and debate. Law, order and constitutionalism are the conservative talismans. Therefore we have to genuflect to them. Let's do that honestly, by presenting a platform that enshrines constitutional principles on the right basis: amendment, rather than overreaching judicial review.

Immigration is a serious issue and problem. There are clear solutions, but neither party will go there. It's another example of something that has pragmatic answers which can be expressed in terms of law, the Constitution, and basic human compassion. But not by either existing political party. Not even close.


420 posted on 03/30/2006 9:58:42 AM PST by Vicomte13 (Et alors?)
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