Comment Re:What would be wrong with more requirements? (Score 1) 115
The constitution is there to limit government. There is nothing wrong with limiting government more than the bare minimum limits defined by the constitution. In fact, I would say there is a good case today for rewriting the constitution using far more strict, unambiguous modern language with far more limitations than it currently has.
A rewrite is not necessary (and would be dangerous, since it would almost certainly be under the control of a legal profession that routinely ignores many ethics issues).
When James Madison wrote the Bill of Rights, he had the difficult task of condensing a long list of proposed rights into a manageable list. He did this by providing for the assertion unspecified rights "retained by the people" in the 9th Amendment, and "reserved to the people" in the 10th. A document with around one hundred rights, after all, would please nobody but a lawyer (and an unethical one, at that).
Most of the problems we have with government today (and many historical problems) involve violations of fundamental individual rights reasonably asserted as being "retained to the people".
Probably the single biggest right that is routinely violated, affected every major area of law (and many of the other fundamental rights that get violated), is the right to ethical practice of law, a right applicable not just to legal professionals as individuals but to legal professionals as a group or class in society.
Rather than writing more laws, or rewriting the Constitution, we instead need to be going after the legal profession for unethical practice of law, not just as individuals, but as a group (in the sense that many aspects of the current legal system create long term artificial demand for the services of legal professionals, something that benefits many members of the profession, arguably the majority).
Many of the unethical practices embedded in the practice of law only survive because the public is seldom unaware of the huge scope of the ethics problem (and is easily distracted, or deluded into thinking the problems are the result of the "other" party).
Correcting the systemic ethics problems in the US legal system would be a major step towards using the 9th and 10th Amendments as they were intended to be used. It is likely that this would in turn result in a culture change in government and law enforcement that would result in far fewer violations of fundamental rights over the long term. It could also result in a culture change regarding the conduct of business, solving another large set of problems (the right to long term oversight of business is certainly another fundamental right).
Putting this in other words, the principle that the government that "governs least, governs best", is as much as anything a statement regarding legal ethics. It is impossible for a people to control their government if they do not understand and pay attention to legal ethics.