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Blackbird
Built for Speed
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join:2005-01-14
Fort Wayne, IN
kudos:3
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reply to StuartMW

Re: China requires Internet users to register names

said by StuartMW:

said by Blackbird:

Which is why an independent judiciary and social/governmental adherence to the rule of Constitutional law is so critical...

Let’s Give Up on the Constitution

quote:
AS the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downright evil provisions.

Sadly, that's the path of reasoning that eventually leads to dictatorship, either by a strongman or of "the proletariat". But then, just as it was in the days of the Founders, not everyone "gets it" that the biggest and most enduring threat to any individual and his freedom will be his own government and the power-seekers that gravitate to it. As it always has been, the cry is "Crisis! Crisis! Dump the Constitutional restraints. This time it's different, and the Founders never anticipated it!"
--
“The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money.” A. de Tocqueville


StuartMW
Who Is John Galt?
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join:2000-08-06
Galt's Gulch
kudos:2
Actually I find this interesting from an academic point of view.

To my knowledge there's no (legal) way to "abolish" The Constitution. It can be amended however.

For example the 18th Amendment (Prohibition) was undone by the 21st Amendment. The 18th is still there it's just ineffective.

To "abolish" The Constitution you'd have to pass an Amendment basically saying "All of the above is null and void". You'd still have a Constitution it'd just be effectively empty.

However passing Amendments isn't easy

quote:
To Propose Amendments

• In the U.S. Congress, both the House of Representatives and the Senate approve by a two-thirds supermajority vote, a joint resolution amending the Constitution. Amendments so approved do not require the signature of the President of the United States and are sent directly to the states for ratification.

• Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.)

To Ratify Amendments

• Three-fourths of the state legislatures approve it, or

• Ratifying conventions in three-fourths of the states approve it. This method has been used only once -- to ratify the 21st Amendment -- repealing Prohibition.

I doubt that'd be possible in the short term but I can see it happening in my lifetime

Of course another course is to have a civil war and/or a takeover that dissolves the United States. I can imagine that too
--
Don't feed trolls--it only makes them grow!


sivran
Seamonkey's back
Premium
join:2003-09-15
Irving, TX
kudos:1
An amendment is highly unlikely unless one or the other party gains a supermajority in both houses. This congress, in this political climate, has done even less than Truman's "Do-Nothing" Congress.
--
Think Outside the Fox.

OZO
Premium
join:2003-01-17
kudos:2

1 edit
reply to StuartMW
Why those, who want a dictatorship, need an amendment? Create big depression with unemployment up to 30%, then burn a reichstag and voila, there will be a new "Constitution+", better than ever, no amendments needed... The key word, as it was already mentioned is this thread, is - Crisis!

So, if you don't want that scenario to be repeated again by some "strongman", watch for government actions, leading to a "Crisis", or big depression, or (using contemporary words) "financial cliff"... Then make sure, that a fire department is always in place and ready to extinguish the potential fire.

By the way, they already have promised, that the first priority in the next year will be ... as you may guess, not the recovery from bad economy, but a new law (of course all for the children sake) to remove from public those "tools", that may help to extinguish the fire and to keep "strongmen" in place, where they belong...
--
Keep it simple, it'll become complex by itself...