Comment Re:Well, there's the problem (Score 4, Insightful) 337
You must be one of the Dominionists who believe that the Constitution is the inspired Word of God.
No. I believe that the Constitution is a giant leap forward in human civilization. It is the first time in 5,000 years of human history where men rule themselves by common agreement and their natural rights recognized and protected, and where the government is the servant and answerable to the people it governs. When it dies, it may well be another 5,000 years before it happens again.
I would like you to cite where Jefferson says that hangings "should occur every 20 years or so".
Maybe what you're thinking of is that Jefferson wanted, every 20 years or so, for the whole Constitution to be thrown out and rewritten by future constitutional conventions.
""I do not know whether it is to yourself or Mr. Adams I am to give my thanks for the copy of the new constitution. I beg leave through you to place them where due. It will be yet three weeks before I shall receive them from America. There are very good articles in it: and very bad. I do not know which preponderate. What we have lately read in the history of Holland, in the chapter on the Stadtholder, would have sufficed to set me against a Chief magistrate eligible for a long duration, if I had ever been disposed towards one: and what we have always read of the elections of Polish kings should have forever excluded the idea of one continuable for life. Wonderful is the effect of impudent and persevering lying. The British ministry have so long hired their gazetteers to repeat and model into every form lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist? Where did it ever exist, except in the single instance of Massachusets? And can history produce an instance of a rebellion so honourably conducted? I say nothing of it's motives. They were founded in ignorance, not wickedness. God forbid we should ever be 20. years without such a rebellion.[1] The people can not be all, and always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. We have had 13. states independant 11. years. There has been one rebellion. That comes to one rebellion in a century and a half for each state. What country ever existed a century and a half without a rebellion? And what country can preserve it's liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it's natural manure. Our Convention has been too much impressed by the insurrection of Massachusets: and in the spur of the moment they are setting up a kite to keep the hen yard in order. I hope in god this article will be rectified before the new constitution is accepted." - Thomas Jefferson to William Stephens Smith, Paris, 13 Nov. 1787
BlueStrat, I think you have a childish, mythical view of what the Constitution is and does.
I think you have a solipsist and cynical view of what the Constitution is and does, and are all too ready to allow whatever re-interpretation allows government to do whatever it wants as long as it's "your team" in power.
The Constitution was written in plain language and does not require advanced education to understand the plain meaning of it's words. All the tortured re-interpretations that seek to redefine the plain meaning of the Constitution are attempts to circumvent the Constitution and avoid the Amendment process that requires consent from those governed. It's simply changing the Constitution unilaterally and thumbing one's nose at the requirement that We the People consent.
If the government feels they need powers disallowed under the 4th Amendment (or any Amendment), they are free to try to amend the Constitution. No court, not even the SCOTUS, can alter the Constitution, and certainly no POTUS, Congress, or TLA can. If they could, then the Amendment process would have never been included or needed in the first place.
Views like yours over the last 100 years have allowed the US Government to exceed it's Constitutional powers, scope, and authority, and has resulted in a US that has become a de-facto police state and hegemonic crony-capitalist oligarchy.
But despite these facts proving by example of current reality the results of ~100 years of your views, you see my views as "childish". I don't see your views as childish. Simply hopelessly naive and far too trusting of those with power, when history proves again and again that such naivety and trust lead to tyranny and despotism.
We will have to agree to disagree.
Strat