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Re:No Treason: The Constitution of No Authority (1870) by pdonis on Sunday June 12, 2016 @09:31PM (#11891229)
> it governs the Feds, not the people.

No, it governs (or claims to govern) everybody within the territory of the United States. It says it is the supreme law of the land. Its provisions defining the structure of the Federal government also define what the Federal government is allowed to do to govern the people.

Re:No Treason: The Constitution of No Authority (1870) by dbcurtis on Sunday June 12, 2016 @10:18PM (#11891377)
Yet, the logical construction of the constitution is such that any powers not explicitly delegated to the federal government by the people through the constitution are retained to the states and the people. This was the Federalist argument in favor of the constitution and the Federalist argument that a bill of rights was unnecessary. The Anti-Federalist papers argued that the Federalists were a bunch of delusional idealists, and insisted on a Bill of Rights.

George Mason was what we would call in modern terms, the sponsor of the bill in the 1st congress. He was the first congressman to hold the seat for the 1st district of Virginia. His bill was eventually split into 12 amendments. 11 passed the house, and 10 were quickly ratified by the states. The 11th eventually was ratified as the 27th amendment in 1992.

The idea that powers not explicitly delegated to the federal government by the constitution are retained by the states and the people is honored more in the breach, I admit.

Re:No Treason: The Constitution of No Authority (1870) by SwellJoe on Monday June 13, 2016 @02:23AM (#11892016)
I find arguments that always begin and end with "the Constitution says" to be a lot like Christians making an argument based on the Bible. Like the Bible, it's got some nice bits in. But, if you're treating it like a religion, I'm not interested in even having the conversation.

Doing so assumes we were finished evolving, as an ethical and civil society, over 200 years ago. Doing so assumes that a small group of men, all of them white land owners, many of whom owned slaves, most of whom believed women should never have the vote, most of whom believed black and brown folks should never have equal rights, got everything right. Yes, many of them were brilliant; hell, I still greatly admire many of them, despite their many flaws. They did a fine job, given what was known and understood at the time.

But, frankly, I find arguments that leave no room for change, as is the case with religious discussions, to be boring (also incorrect, but, mostly boring). I've "been there, done that"...I had my constitutional libertarian phase a couple decades ago.

Re:No Treason: The Constitution of No Authority (1870) by dbcurtis on Monday June 13, 2016 @11:01AM (#11894382)
I can't tell if you agree or disagree with anything that I said, because you don't address any of my points in any meaningful way.

I would like to point out, however, that clearly the authors of the constitution did not think they had written a final document once-and-for-all, as evidenced by two things: 1) including three different means of amending the document, and 2) the very authors of the document proposed a package of 12 amendments as one of their first priorities during the first congress.

I would argue that there are only two ways to view the constitution: 1) it means what it says and if you don't like that, do what the authors did, amend it, or 2) make shit up as we go along. I'm for #1.

Re:No Treason: The Constitution of No Authority (1870) by SwellJoe on Monday June 13, 2016 @05:19PM (#11897744)
"I would argue that there are only two ways to view the constitution: 1) it means what it says and if you don't like that, do what the authors did, amend it, or 2) make shit up as we go along. I'm for #1."

And, that's what I'm saying is wrong. You're presenting a false dichotomy. "But, muh Constitution!"

It's boring, and doesn't acknowledge the things that went wrong in all these years of the American experiment.

Re:No Treason: The Constitution of No Authority (1870) by dbcurtis on Monday June 13, 2016 @05:31PM (#11897854)
It's not a false dichotomy at all. Give the words a plain reading. If you don't like the plain reading, amend it. There are, after all, three different ways to get it amended, it has beed done many times in the past, notably by the main authors before the ink was barely dry.

The only other option is to appoint some small pool of people to try to get us all to collectively pretend that the words mean something other than what they plainly say. That is the path to the rule of man, and I for one prefer the rule of law. There is no middle ground, give or take clarifications. And for clarifications, the burden of proof must be on the government, or the system fails.

Re:No Treason: The Constitution of No Authority (1870) by SwellJoe on Monday June 13, 2016 @07:47PM (#11898710)
"Give the words a plain reading."

Spoken like a true fundamentalist. I've heard that exact phrase from evangelical street preachers.

Re:No Treason: The Constitution of No Authority (1870) by diggernet on Tuesday June 14, 2016 @01:43AM (#11900029)
No doubt your street preachers always follow it up with "If you don't like the plain reading, amend it", too.
Re:No Treason: The Constitution of No Authority (1870) by SwellJoe on Tuesday June 14, 2016 @05:18AM (#11900761)
I fear I'm perpetually doomed to spend at least some of my time online talking past Constitutional scholars as they talk past me. We're simply not having the conversation you think we're having.

I understand what you're saying; and have understood it every time you and dbcurtis have said it (in a variety of ways). I am disagreeing with the underlying premise of it. I am not disagreeing that the constitution has built-in mechanisms to change it. I am disagreeing with you that the government the constitution has defined has any ethical right to govern people who did not consent to it. It doesn't matter if it can theoretically be changed, it is premised on a notion I reject.

Re:No Treason: The Constitution of No Authority (1870) by diggernet on Monday June 13, 2016 @11:15AM (#11894514)
Thank you. I was having trouble understanding how arguments that the Constitution allows us to impose changes on the government "leave no room for change". :)