Journal rm007's Journal: The Brazilianization of American Constitutional Practice?
Regardless of one's view on whether or not homosexual marriage should or
should not be possible, watching the current constitutional debate in
Massachusetts and the wider discussions going on about the possibility of an
amendment to the US Constitution sometime in the future, am I the only one who
is wondering is this really a constitutional issue? If you read either the
US or Massachusetts Constitutions, they deal pretty much exclusively with the
structure and powers of government and courts, including nature and power of
offices under the constitution & civil and political rights of citizens (i.e.
their relationship to the government and the law). They do not deal with
the details of how society should organize itself. Many laws have this
effect, but Constitutions organize legal and political structures. There
are constitutions that do this - for example, the Brazilian Constitution,
specifically,
Chapter VII, regulating family, children and the elderly.
Now I have a great deal of respect for Brazil and Brazilians, especially their
soccer and women, but is this really the constitutional precedent that Americans
want for themselves? The detailed articulation of everything from what
arms the armed forces shall have to pension levels and using lotteries to pay
for social welfare has contributed to legislative deadlock that prevents government
actually doing anything (of course, that may be a good thing) to help solve
Brazils many social and economic problems. So I ask you, is this really what
constitions are for in American practice? Or is that this is the only way to behave in a way that is otherwise unconstitutional?
... it looks like a bias towards one response to the issue is showing (guilty as charged), but to remove that: how about, if a constitutional amendment is required, wouldn't it be more in keeping with American constitutional tradition to put it in the form of a general principle on how laws are made e.g. that laws will be consistent with Christian values (... can't do that? really?) Any ideas as to an amendment that is consistent with American constitional practice?
... it looks like a bias towards one response to the issue is showing (guilty as charged), but to remove that: how about, if a constitutional amendment is required, wouldn't it be more in keeping with American constitutional tradition to put it in the form of a general principle on how laws are made e.g. that laws will be consistent with Christian values (... can't do that? really?) Any ideas as to an amendment that is consistent with American constitional practice?
The Brazilianization of American Constitutional Practice? More Login
The Brazilianization of American Constitutional Practice?
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