Re:No Treason: The Constitution of No Authority (1870)
by ubernostrum on Monday June 13, 2016 @01:05AM
(#11891823)
beginning with Marbury v. Madison
Ah yes. Tell me again how all the people involved in drafting the Constitution came to universal perfect agreement in every aspect and detail of what the right way to set up a government was and how the resulting Constitution should be read and interpreted for 100% of situations, to such a high degree that during their lifetimes there were absolutely no controversies about how the Constitution worked.
Hint: the fact that Marbury happened shows what a complete clusterfuck of disagreement and disarray the Constitutional Convention was. Also, Marbury was good law.
And yes, there are older concepts of natural rights, but the one always espoused by people who advocate for the perfect-unanimous-agreement myth of the Constitution is the one used by, well, the people who drafted the Constitution, who'd been busy reading the theories of John Locke on the subject.
Ah yes. Tell me again how all the people involved in drafting the Constitution came to universal perfect agreement in every aspect and detail of what the right way to set up a government was and how the resulting Constitution should be read and interpreted for 100% of situations, to such a high degree that during their lifetimes there were absolutely no controversies about how the Constitution worked.
Hint: the fact that Marbury happened shows what a complete clusterfuck of disagreement and disarray the Constitutional Convention was. Also, Marbury was good law.
And yes, there are older concepts of natural rights, but the one always espoused by people who advocate for the perfect-unanimous-agreement myth of the Constitution is the one used by, well, the people who drafted the Constitution, who'd been busy reading the theories of John Locke on the subject.