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Re:North Carolina tells retired engineer he can't talk about... by wizzwizz4 on Saturday June 19, 2021 @09:58AM (#27560498)
The US was actually founded with the idea that this should be done to the entire constitution every couple of decades.
Re:North Carolina tells retired engineer he can't talk about... by thaumasiotes on Saturday June 19, 2021 @12:46PM (#27562056)
Apparently the traditional law of Iceland required a guy to appear every year and recite the law. Whatever he forgot to include was no longer the law.
Re:North Carolina tells retired engineer he can't talk about... by godelski on Saturday June 19, 2021 @02:09PM (#27562830)
Honestly this seems prime for abuse, letting that one guy decide to "forget" what he doesn't like.
Re:North Carolina tells retired engineer he can't talk about... by musingsole on Saturday June 19, 2021 @12:16PM (#27561772)
I believe Jefferson abandoned the idea after seeing how hard passing the first one was, too much overhead. I've always fantasized about the idea as a way to guarantee continuous buy-in from the living population of a community.
Re:North Carolina tells retired engineer he can't talk about... by malwarebytess on Saturday June 19, 2021 @10:10AM (#27560576)
After all, why shouldn't each generation choose how it is to govern itself? Sins of the Fathers and so on...
Re:North Carolina tells retired engineer he can't talk about... by dexterdog on Saturday June 19, 2021 @01:41PM (#27562543)
Because each generation doesn't just govern itself. Also, how old should that generation be before they can decide which fences to take down without understanding whey they were put up in the first place?
Re:North Carolina tells retired engineer he can't talk about... by godelski on Saturday June 19, 2021 @02:08PM (#27562819)
Ironically the US has the oldest constitution of any sovereign state[0]. Beats Norway (the second oldest) by 26 years.

[0] https://en.wikipedia.org/wiki/List_of_national_constitutions

Re:North Carolina tells retired engineer he can't talk about... by zero_iq on Saturday June 19, 2021 @03:08PM (#27563419)
Depends what you're counting as a constitution. San Marino has the US beat for oldest written and still active constitutional documents by 190 years.

The UK has an uncodified constitution that predates the US by over 500 years, originally founded on the Magna Carta, signed in 1215.

Re:North Carolina tells retired engineer he can't talk about... by fragileone on Saturday June 19, 2021 @10:19AM (#27560638)
[citation needed]
Re:North Carolina tells retired engineer he can't talk about... by wizzwizz4 on Saturday June 19, 2021 @10:46AM (#27560849)
https://oll.libertyfund.org/quote/thomas-jefferson-on-whethe...

> The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water… (But) between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independant nation to another… On similar ground it may be proved that no society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation… Every constitution, then, and every law, naturally expires at the end of 19. years. If it be enforced longer, it is an act of force and not of right.

I think Thomas Jefferson is a reputable source for my assertion.

Re:North Carolina tells retired engineer he can't talk about... by comicjk on Saturday June 19, 2021 @11:07AM (#27561079)
To some extent this famous quote is just sour grapes: Jefferson wasn't much involved in the drafting or passing of the US Constitution, so naturally he was not as attached to it as the other founders. Note that this was a letter written from France.
Re:North Carolina tells retired engineer he can't talk about... by benglish11 on Saturday June 19, 2021 @10:54AM (#27560940)
Thomas Jefferson’s opinion on this issue doesn’t mean “The US was founded on this principle”.

If the US were founded on this principle… it would have been part of the constitution.

Re:North Carolina tells retired engineer he can't talk about... by wizzwizz4 on Saturday June 19, 2021 @10:59AM (#27560991)
> If the US were founded on this principle… it would have been part of the constitution.

If that were true, we wouldn't have had the first block of amendments. There's plenty of stuff that didn't make it into the original constitution because the founders thought it was obvious.

Re:North Carolina tells retired engineer he can't talk about... by musingsole on Saturday June 19, 2021 @12:23PM (#27561850)
There's a long standing philosophy that pretty much any and all ideas in the founder's heads are viable as founding principles. Otherwise what good is mining their journals and letters and their acquaintances journals and letters in a continuous attempt to understand what they thought was critical for a society to function.

This largely ignores the rest of society and what they were thinking. From the first perspective, these are all ideas that got smuggled in.

Re:North Carolina tells retired engineer he can't talk about... by kevinmchugh on Saturday June 19, 2021 @02:39PM (#27563123)
It also ignores the significant disagreements the founders had amongst themselves.
Re:North Carolina tells retired engineer he can't talk about... by kwhitefoot on Saturday June 19, 2021 @11:21AM (#27561249)
This one of the principles of parliamentary sovereignty in the UK: No Parliament can bind a future parliament. See https://en.wikipedia.org/wiki/Parliamentary_sovereignty
Re:North Carolina tells retired engineer he can't talk about... by thaumasiotes on Saturday June 19, 2021 @12:45PM (#27562043)
Didn't the UK establish a Supreme Court in 2009 with the power to bind Parliament?
Re:North Carolina tells retired engineer he can't talk about... by TheCoelacanth on Saturday June 19, 2021 @02:19PM (#27562911)
I don't believe that UK's Supreme Court can override direct actions by Parliament[1]. They can override "secondary legislation", regulations created by ministers using authority that Parliament gave them, but in that capacity they are ensuring that ministers follow the laws that Parliament created, not acting to reign in Parliament.

They can also declare that legislation violates human rights, but that declaration is non-binding. They are effectively just asking Parliament to go back and fix the law.

[1] https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Ki...

Re:North Carolina tells retired engineer he can't talk about... by tzs on Saturday June 19, 2021 @01:15PM (#27562298)
> I think Thomas Jefferson is a reputable source for my assertion.

You need more than one because the founding of the US was a group effort. Not all ideas pitched by any given founder made it in, and even when one did many of those who voted to include it had a different understanding of what it meant.

Re:North Carolina tells retired engineer he can't talk about... by mindslight on Saturday June 19, 2021 @11:59AM (#27561618)
That's utterly incompatible with Common Law, unfortunately.
Re:North Carolina tells retired engineer he can't talk about... by musingsole on Saturday June 19, 2021 @12:19PM (#27561801)
How so?

Every so often the foundations of common law get to be re-evaluated which could be disastrous. But in practice it's likely the foundations would be similar cycle to cycle. Further, to the degree that the roots of rulings change due to a new constitution, don't those ruling trees need to change? The constitution changing is a signal that the people, their needs and their values have changed and so should all rulings based on those ideas.

--As an aside, I'm biased against common law. I appreciate my ancestors but I question accepting all of their prior decisions as taken until proven otherwise.

Re:North Carolina tells retired engineer he can't talk about... by mindslight on Saturday June 19, 2021 @12:27PM (#27561887)
For the same reason that you can't just make changes to a codebase without understanding its structure. Rewriting the Constitution also means throwing away 200 years of Supreme Court decisions.

It's easy to envision invaliding precedents that rely on things that have changed, but the process of creating those precedents takes so long nobody really knows what the new law means until it's tested. Furthermore, the arguments to invalidate them are also going to be in the form of more legal arguments, so you're adding another whole dimension to the problem. Given how opaque the law is to the average person right now, I'd say we're already at the limit.

FWIW I'm biased against common law too, because it seems to take what is actually policy and brand it as if it were universal truth.