[quote]The Mage wrote:
enchilnada wrote:
But, what exactly makes these judges so correct in their interpretations?
What makes anyone so correct in their interpretations about anything? In this case it is their job. I just think there should be a better way that would filter out the activist judges.
Doesn’t it at all seem a bit odd and at the very least, a little inefficient to take an amendment written a couple of centuries ago and then have these priest-like characters that are able to interpret these laws in a special manner, far above and beyond what the common man could? Wouldn’t it be a bit more efficient to simply amend it to mean exactly what today’s people, or the majority, wish it to mean, so long as it doesn’t impeded upon the basic and self-evident rights of the minority?
We have the ability to do this at any time. (Although now we would have pages and pages of legalese.) There is a process to change it. It is a very complex process, and it was designed to be that way, but this makes sure people are serious about changing it.
But the point is still the same, if the people want it changed, it will be changed.
Oh really?! Please tell me more about this “amend” word.
You didn’t learn about this in elementary school?
I just can’t believe it! Well, I thought perhaps you could have a serious discussion but instead of reading my previous entries where I’m clearly NOT suggesting that we simply throw out everything because it’s “old” including freedom of speech, but I’m obviously wrong.
The way you talk about it gives the impression you just want to throw the whole thing out.
No, it seems most of the hotly contested items of the Constitution are exactly the same as they were written centuries back and if one dare suggest that we “amend” them (maybe you could explain that word to me again), they are thought to be crazy.
Why does anyone care that others think they are crazy? Every person who has ushered in change was thought to be crazy. (Hell, half the people I know think I should be committed.) But if a majority of people think this way, then that means they do not want it changed.
Why must we be forced to interpret these things when we could simply change them to whatever the majority wishes?
I see you don’t understand that no matter how it is written, and how clearly, how concise, or even detailed, it will still need to be interpreted. Somebody is still going to have to rule that it means “this in this case and that in that case”.
The second amendment for example: If the majority of citizens wish to possess guns and even carry them in a concealed fashion, without government interference, why do we need to rely upon these special judges to indicate whether that is what the founders would have allowed or not? If it’s what the people want, then that should be the case, no?
And this is where activism come in. Instead of simply interpreting, they are now deciding new meanings, or finding loopholes.
I even question the article regarding representation of up to 30,000 men by a single person. In the late 1700s this was logical as the societies at the time dictated that such a system exist. They were limited by primitive travel and the people had to work constantly to maintain the basic necessities of life. The citizens did not have the time nor would there be any feasible way to have thousands upon thousands of people cast their votes for every little piece of legislation. We still follow this tradition, yet, it seems that through this, the will of the people has been lost, making one question not only whether we are in desperate need of change, but whether we are truly “free” in a complete sense of the word, since what we as a people “will” is often not what comes to fruition. Instead of representing the will of the people, politicians often times will vote with their own interests or those of special interest groups in mind. It is not uncommon for laws to be passed in which the majority of citizens are very much against it, that is, if they are even aware of the legislation in the first place. Yet, with today’s technology, I wonder how easy it would be to set up a system which would allow all U.S. citizens the right to cast their vote on any given issue, allowing the people and not the elected officials to dictate our lives and policies. Perhaps in cases where a required amount of citizens have not voted, only then would the decision be left up to elected politicians. If a basic notion of democracy is that rule by many is often better than rule by one or a few then certainly the decisions and laws involving our country should be made by the majority of citizens. It is obvious that with the investment of power with respect to the people of the U.S. into so few individuals, it is very easy for those elected to go against the will of the people. By the time the elected official may come up for re-election, the damage has already been done and there is another person of similar character to take their place.
So what you want is a true democracy, instead of a representative democracy. You do realize this would actually weaken the minority. It also would mean that our political system would turn into American Idol, where daily whims dictate policy.
Anyhow, I will openly admit that this is an area in which I am not an expert and only know the little I have learned in the past, but I often wonder about these things, however naive I may come off as.
I actually started having similar thoughts when I was in jr high school. This was about the same time I though putting Ben Gay on my biceps before curls might make them grow. (Bad, bad idea.)[/quote]
Yet again, it seems you have missed my point(s) and made childish attempts at insults.
I’ll make sure to stay out of the areas you’re in.