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To: Delacon
Just happened on this excellent discussion. This post is the best of the lot. Lately, I've been of the mind that the Framers failed, that the Constitution failed. This is probably what has me so engaged in reading this discussion. Your post here is very good.

I happen to think that this dual sovereignty, which Madison tried all his life to explain, is far to subtle and complex for most people to understand. I guess that doesn't make it wrong, but it does seem to make it unworkable.

It's simply too opaque. The author of your post definitely gets it right, as far as explaining the intent and how it was supposed to work, where sovereignty resides, etc. I'm still not sure I agree with his conclusion that it was good. I think they came very close, but made some obvious errors.

1,060 posted on 04/23/2009 6:20:23 AM PDT by Huck ("He that lives on hope will die fasting"- Ben Franklin, Poor Richard's Almanac)
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To: Huck

Thanks for the reply. When reading your critique this old anecdote came to mind:

When Benjamin Franklin exited the Constitutional convention, he was asked by a woman, “Sir, what did you give us?”
Franklin replied, “A Republic ma’am, if you can keep it.”

In other words, Franklin, Madison, and all the others knew full well that what they created could be ruined. That if they wanted to build a nation based on freedom, they couldn’t avoid giving the people the freedom to screw it up. We also have the freedom, actually the duty, to always endeavor to set things right again. As it happens there is an interesting article today in the WaPo titled “The Case for a Federalism Amendment” by constitutional scholar RANDY E. BARNETT
http://online.wsj.com/article/SB124044199838345461.html Its ideas like this that need to be considered. Let me know what you think.


1,061 posted on 04/23/2009 11:35:57 AM PDT by Delacon ("The urge to save humanity is almost always a false front for the urge to rule." H. L. Mencken)
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