First of all, I didn't write the original problem for 'Problems with the U.S. Constitution'. Another rationalwiki poster. I don't agree with everything Thomas said, because, get this, he wanted site members to
discuss and
debate with him. He even changed some of his positions. So unless you see a 'Dr. Swordopolis' in a signature I may or may not support the thrust of it.
Ask me first rather than assuming it's a position I hold if you don't see a 'Dr. Swordopolis' signature. Okay?
Second of all, AH and everyone else, I'm aware that the vast majority of problems of the Constitution don't technically need a new one altogether. However, the main problem I have with it is the very idea of the existence of 'states'. You can't amend or treaty or law this issue away. You need a new Constitution altogether.
The thing is, after we fixed that issue, why not use that period of time to fix other issues?
With that in mind, when you say things like 'you don't need a new Constitution to fix this'
you are totally missing the point. Geez laweez. Here's an analogy: if you are dissatisfied with the color of your pink car
and both the body and engine are pieces of shit so you'd have to buy a new one anyway, it makes absolutely no sense for anyone to go 'dude, you don't need to get a new car if you want a black one, a paint job is a lot cheaper'. We're getting a new car, so any kind of change is on the table.
So if you or anyone else posts something stupid like 'I agree, but why do we need a new constitution to fix this' I'm just going to not respond to it. So with those two things in mind:
Ancient History wrote:but it is an essential part of democracy that real change can occur, and that includes changes in foreign policy between administrations.
I disagree. Changes in foreign policy should occur because of a change in the political philosophy of government, not because of an administrative change. Obama's foreign policy is not markedly different from Bush Jr.'s; if Bush Jr. had been elected for a third term but then silently took on all of Obama's foreign policy changes except for Libya (which is debatable) you probably would not have even noticed. Except for modest changes by Nixon and Carter, post-WWII to Clinton foreign policy changes have not been particularly internally distinct - that is, I have a hard time seeing the Clinton or Reagan or Ford administrations reacting differently to black swans like 9/11. Viewed in that light, if the administrations are not going to change their foreign policy all that much then why force a shakeup?
If a conservative or liberal or anti-this-Specific-War wave gets elected to Congress they should have the ability to appoint a new Commander-in-Chief if the current CiC's reality image conflicts with that of Congress. In fact this is much more flexible than the current state of affairs. We had to put up with an extra 3 years of Bush and LBJ well after voters got tired of their wars because their tenures of Commander-in-Chief were not based on popular opinion but on their terms.
IOW the shake-ups do need to occur but having them occur at a time period as arbitrary as every new Presidential election both causes minor disruptions when there's no difference between administrations but more troublingly forces the country to stick with a foreign policy that they do not like.
2.4 Under-representation of voters from populous states
Bullshit argument to get rid of the Senate because it provides representation independent of population. Of course, that is the entire point of the Senate, to ensure that each state has some degree of equal representation as a political entity, and prevent California and Texas from running the entire nation (why is this an issue? Look at textbook committees. A textbook committee in Texas or California can determine which textbooks are used in public schools in all other states.) Aside from which, just by weight of votes populous states still get fair representation in the Electoral College and House of Representatives.
I also seriously disagree with this. I'm not going to tell you why this is a problem in this post; just read my previous one and the ones me and Frank made.
But if I am going to boil this down to a pithy one-phrase reply: A tyranny of the majority is still better than a tyranny of the minority.
2.6 Failure to specify a right of privacy
Arguably just some paranoid rambling, this is inherent in the Bill of Rights, particularly the 4th, 5th, and 9th amendments, and the judiciary seem to have a solid grasp on it anyway. If you really need this (what DO you have to hide?), an amendment will do.
Because the United States judiciary has never had situations when some Young Turk USSC decided that they really loved originalism (or dynamism) and that precedent and common law could go fuck itself because the Constitution doesn't say otherwise. Uh huh.
The entire existence of Dred Scott and Citizens United has told us that precedent, even superprecedent, is worth as much as a scrap of paper. I don't know about you, but I'd rather not trust courts like the Reinquist to protect rights 'just' because there's a history of them. That shit needs to be spelled out explicitly. Hell, I'd think that the U.S. Constitution also needs a clause stating that it needs to be interpreted dynamically with strict scrutiny. But that's another story.
2.7 Danger of a military dictatorship
Somebody's been watching Five Days in May. Paranoid bullshit. Next.
Somebody failed basic U.S. history. I guess the John Adams, Wilson, and especially Lincoln Administrations and their naked power grabs just slipped your mind? I guess the internment of Japanese citizens just slipped your mind? Along with the entire Reconstruction-era South?
Yeah, total fantasy-land. It can't happen here nor has it ever happened. Unless you're going to try to No True Scotsman me.
2.8 Frontloaded primaries
Gaming the system at its best; it works because massives of voters insist on voting for the parties that follow these tactics ("We are all cogs in the great machine"). If you change the wording, people will just adapt new tactics to game the system again. The primaries are specifically designed to weed down candidates to a reasonable number to vote on, that's a feature by design and not a terrible one either.
I'm actually reasonably neutral on the whole issue and don't care either way. I do want to say that 'well, someone will just find some other way to abuse it!' a terrible justification for not fixing the or any damn problem and this is a recurrent theme with your lazy and facile solutions. If a new problem comes up then fix that, too, you can go fuck yourself with that Better The Devil You Know bullshit.
2.9 Lack of competition for House seats
2.9.1 Gerrymandering
2.9.2 Access to cash
2.9.3 Franking privileges
Part of this is railing against incumbent politicians that know how to work the system to their advantage, and trying to change the system to prevent that abuse will just introduce new abuses. The other part of this is the complaint that Representives get re-elected more often and become "out of touch." This is, I submit, not a bad thing. Our three political government bodies (the Presidency, Congress, and the Supreme Court) inhabit a spectrum from relative amateurdom (President) to seasoned professionals (Supreme Court); Congress falls in-between. The issues of interest to a given district are not always the issues of concern to a nation, and the longer a Congressman is installed and the more exposure they have to national politics, the less likely they may be to field bills specifically to aid their home state at the expense of all others. Granted, that's a best-case scenario.
Like right here.
I don't have a problem with incumbent politicians using their superior knowledge of how to work the system to their advantage, nor using their record to convince people that they have experience and will do what their constituents want. My problem are with methods that unduly lock out other qualified people and reduce competition. A challenger does not have access to the ability to redistrict themselves nor the ability to send out campaign literature for free. A challenger can convince constituents and interest groups that they're in their interest.
Ideally an incumbent's only weapons should be their voting record, their platform, and any constitutionally extra-electorical position (like Speaker of the House) they've earned in the government. Any other advantage is bullshit since it allows them to take advantage of or grate on their constitutents while still maintaining a competitive advantage. I have no idea why you want to support this other than omission bias.
2.10 Breakdown of the federal system
I would like to think it established that a strong central government is a good thing. One of the reasons the CSA and the Articles of Confederation did not work is that you need a central authority to get the various state governments to work together. Regional administration is a wonderful thing, but you cannot expect the people of West Bumfuck to rationally act on a national scale to their immediate disadvantage. Part of the reason we consolidate power in separate bodies (like corporations) is to take advantage of different economies of scale and perspective. Yes, there is redundancy, but that's part of the cost of doing business.
This is what I meant when I said that I don't support everything that the author wrote. Most generally, I support a breakdown like this:
[*] A strong central government that every regional authority ultimately answers to.
[*] As few layers of regional administration as possible. Probably something like City (Optional) -> District -> National.
[*] The regional administration do not have powers that are not granted or delegated by the national government.
[*] The districts are population-proportionate to enforce the principle of 'one person, one vote'.
Thomas is identifying problems; I am recommend throwing the baby out with the bathwater, using it to save on dog food expenses for a week, and getting a brand spank-my-ass new genetically engineered superbaby instead of sinking resources into the deformed crackbaby we currently have. Any other fixes are optional and need to be discussed.
2.11 Dangerous concentration of power in the presidency
I talked about this earlier. But I generally support splitting the President into controlling military and foreign policy (Commander in Chief) and whatever other powers are in the executive branch (veto, pardons, appointments, etc.) get put into a new role.
The 20th Century American Presidency is a love letter to using military and foreign policy (where the President has a much more independent hand) to bleed into domestic policy (where the President should theoretically be restricted a lot more). This is not a good trend in my opinion. Do you think that the Commander-in-Chief being unable to affect budgets that go through Congress negatively affects his or her power unduly? If so, why, and also explain why this is preferable?
2.14 No right to travel
Weird and paranoid.
Hey, were you aware that the Federalists didn't even want a Bill of Rights in the original constitution, thinking that it was unnecessary and paranoid as most of the states already had one? Or how about that the Bill of Rights didn't even apply to the states as-is as the Founders just expected the state governments to protect the rights of the citizens.
Who gives a shit whether it's weird and paranoid? How about whether it makes peoples' lives better in the worst case scenario?
Part of the rights of states is the explicit ability to police and maintain their own borders. In the extreme then yes, this does mean the government (federal or state) can restrict trespassing on certain lands, going to certain foreign countries, or leaving certain bounds altogether. This is not a problem unless abused, and it is rarely abused.
But when it is abused it's abused spectacularly. See: internment, confining Native Americans to reservations, Jim Crow restrictions on travel, etc
Restriction of ability to travel/trade is an important tool in the government arsenal for dealing with other governments, and far trumps your desire to go get a decent mojito in Havana.
Again, so what? The right of free speech does not give you the right to shout 'fire' in a crowded theater or to release classified information. But most of the time it's a good right. A right isn't like a law of nature and has to be upheld 100% of the time or be worthless; if it's worth upholding as is in the general case the vast majority of the time then it's worth carrying out.
2.15 Requirement to Maintain a Monopoly of Force
If this were a gun control argument, I might understand - as it is, this seems bizarre and redundant to me. It's not like the state militias are buying fighter jets and rocket launchers, as far as I'm aware. The US generally does not permit private armies to operate with abandon on its own soil ... though it may hire them to go kill foreigners in Iraq.
Sure, it was a problem in the past (American Civil War) and it's still potentially a problem. But it's not a problem
right this very second so let's not worry about it!
Jesus Christ.
2.16 Destruction of Classified Information
Impractical, particularly if you have any clear idea of how much information is considered classified. I agree that materials that are of a time-sensitive nature and enduring interest should be preserved (and they generally are), but the logistics involved in storing millions of classified government documents, in any format, is a waste of money and resources.

Are you saying that classified information should be destroyed while it's still being classified because of
storage space issues? Gee, I definitely don't see a President or military leader abusing this in the future!
If it is a storage space issue, why not just declassify it and release it to the general public? If it can't be declassified, that should be a pretty strong indication that it still needs to be preserved, don't you think?
2.17 No provision for non-human sapients
I love science fiction and fantasy too, but unless and until we encounter/create one this is not a serious issue. Go argue about stem cells or something.
2.18 No provision to protect us from a Gattaca-like situation
As above.
Yeah, because when this issue comes up it will be
so easy to just apply a post hoc fix that makes everyone happy. Every bit of democratic debate should be done as soon as a problem arises! Everyone can definitely agree on the best course of action in an emergency, especially when a group has a vested interest in ensuring that the status quo gets preserved.
That's the Ancient History way.
2.19 Limitation on Pardons
Is this really an issue?
Yes. Look up 'Iran Contra' and 'Casper Weinburger'. Easily twice as heinous as the Nixon pardons, which shouldn't have happened anyway.
2.20 Restoring Voting Rights
I'm actually down for this, but as-is it's a states rights issue.
:eyeroll:
I didn't know you were such a fan of Jim Crow.
2.21 Prohibition on Torture
I'm generally of a mind that "cruel and unusal" should cover this,
Well, GUESS WHAT, Ancient History?
It fucking doesn't. We've had actual USSC debates on whether torturing should be allowed and shits like Antonin Scalia agree that torture should be allowed!
http://articles.sfgate.com/2011-05-17/n ... ed-prisons
http://trueslant.com/allisonkilkenny/20 ... nsequence/
Here's just two instances. I can link to five more. Expecting the USSC to ban torture is not just naive, it's just fucking retarded, because the USSC has upheld or refused to comment on plenty of cases that allow the general use of torture.
2.23 Access to voting mechanisms
I get the idea is to make more people vote, but I can't say I've never heard of a (registered, willing) voter being unable to vote because of work or lack of access unless they were out of the country (which is what mail-in votes are for). Voting in the US is a right but not a requirement, while I approve of the desire to lower the potential energy barrier and thus encourage people to vote, I don't know if this is the best way.
Ancient History is obviously in the dark about states restricting the use of early voting and the whole Voter ID fiasco. Or states intentionally making access to voting mechanisms extra difficult (by restricting locations) in order to discourage the wrong kind of voters.
And this isn't some ancient history crap. This is going on right now. Hell, Rachel Maddow did a segment on a Tennesee voter being suddenly unable to exercise her right to vote after 30 years.
I never thought Ancient History was stupid, but this convinces me otherwise. He doesn't know history or current events and uses argument from incredulity to say that because it hasn't been a problem nor can he imagine it being a problem it will never be a problem. And if it was, we can take care of it then! Even when it
has been a problem and even when it
is a problem.
It's like I'm debating fucking Psychic Robot here.
2.24 Recalls
The key here is that while Representatives are there on behalf of their State, they should not be solely beholden to their state for their term. This means that they can vote on bills that their state doesn't approve of without worried about getting fired for it. A lot of arguments are made for states to have greater control of their representatives in this or similar fashion, and it all comes down to not trusting the bastards once they're "out of sight" so to speak.
That's NOT what Recalls are used for, or at least solely used for recently. Have you been paying attention to what's going on in Wisconsin and Ohio? Do you disagree with those citizens' current recalling attempt of the State Congress, Executive Branch, or Judiciary? If you don't, then why do you object to the lack of ability for any and every government office be subject to recall?
Why should people be forced to put up with a representative that they don't like for several years? If some dickhead like Sen. Ben Nelson (ND) acts contrary to the will of the people in the state a year after getting into office, why should they have to put up with him for the next five?
If you're worried about people abusing the recall measures, please suggest a time limit, subjection limit, and voter threshold before it's initiated.
2.26 National Referendums
Can I just say that systems put in place deliberately to circumvent the normal operation of government are prone to abuse?
Unless you have some evidence for it, I'm going to say no, it's just your ignorant assertion.
2.27 Standardization of fractions
The fuck? Really?
Yes, really. Even fucking D&D realized it was a good idea. Why
not have it in there? It hasn't caused any problems yet but it easily could. You know, like the whole Constitutional Amendment process.
What is your objection to this? Does a 'if there is a fraction, round down' clause just reduce the gravitas of the language so much that it offends you? Bitch, please. No one with a brain should give a shit how well the prose of the Constitution flows, what matters is whether it's effective or not.
2.28 Splitting the Commander-in-Chief and Head of State Roles
See thing about presidents above. Also, "Warlord-for-Life!"...how does this not work into the miltiary coup fears above?
The Warlord-for-Life would be less powerful than the current President because he can be Vote of Confidenced whenever and would have no control over his own military budget. If you think that the new setup would create a problem with military coups, you should be fucking terrified of our current system.
It's seriously like saying that you're terrified of the fatty content of french fries so we should keep using coconut oil rather than canola oil.
2.29 Size and organization of the U.S. Judiciary
Life terms for Supreme Court, see above. Also, reducing the size of the courts simply increases the workload per court...which is already backed up years. We really need an extension of the federal judiciary system with more specialized courts, like the medical courts dedicated to resolving Medicare fraud cases. Efficient!
Way to miss the point.
The Constitution has very little to say about the U.S. Supreme Court and virtually nothing on the lower courts. So we have our current hodge-podge Double Secret Judiciary system that's invisible to the vast majority of voters - including you, apparently - and it's all technically constitutional. I recommend actually spelling out all of the district and appellate courts rather than just leave the creation and organization to the whims and dictates of Congress.
That's what that paragraph was about. I didn't say anything about the merits of specialized courts or whether we should have more or fewer or more specialized or less specialized courts. Just that the basic U.S. judiciary backbone should be spelled out and a clear procedure for changing it.
Right now, the U.S. Supreme Court (and all of the lower courts, which hear well over 99% of federal cases) can technically just be changed to suit the whims of Congress. In fact if FDR wasn't such a stubborn fuckwit we could easily have had a 11-15 member sized USSC. Hell, just look up 'secret tribunal' and tell me that it's not a problem.
2.30 Certain offices need to be explicitly spelled out and protected
As stated in the comments to this one, roles change over the years and the Executive branch needs the flexibility of adapting, eliminating, or creating a position as needs warrant. Otherwise, you're stuck with the Lord Privy Seal.
Sure, I can see a situation where the Department of Nuclear Energy can be made redundant, but can you imagine a situation in which we don't need a Federal Reserve Chairman, a Secretary of the Interior, a Secret of Defense, an Attorney General, etc.? It's the U.S. Judiciary system all over again. Just because the system needs to be flexible doesn't mean that it doesn't need a backbone.