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    #76
    Re: Indiana's Right to bear arms law

    Originally posted by B. de Corbin View Post
    Interesting idea, but, IMHO, a bad one.

    Suppose the radical Republicans had won the last presidential, while there the Republicans dominated government, and the entire Constitution was opened for "revision"?

    Much better to change what is already there than to begin from scratch all over again.
    I don't disagree here...my point was more that the Constitution was never meant to be static.

    Though, with technology being what it is, I think that there should be a way to have more people with direct input and a system that can be induced to change more easily...I think that "we the people" should have a way to redress a do-nothing Congress, by making them bring things to the floor.

    For example (and this is completely off the cuff)...every 25 years, we could automatically begin the process of new Constitutional Update Committee...people could directly petition the gov't for proposed changes (or areas of change) for a period of time, say 1 year. Those petitions with the most signatures could then go to a bipartisan review board of representatives from the legislature to write up the proposed changes, then to a judicial panel to review it, and to the executive to endorse (or not) it. This process could take, say, another year. Then, when people do the census (only because it kills two birds with one stone--its something we already pay people to do), the notice of proposed changes can be sent out with the census information (and collected by census officials, rather than people going to vote on it...though we could vote for it too, in conjunction with regular elections), and everyone has a say in "yes, vote on this" or "no, don't vote on this" or "I abstain". The proposed changes that a majority of Americans want to be voted upon then *have to* be brought for a vote in congress--rather than them deciding they don't want to bring it to a vote...and then if it passes and is signed, individual states ratify.


    ...I don't remember *where* I saw it, but I remember reading not to long ago that we are currently in a dry spell for the longest time that has passed without amending the Constitution...and I'm sure most of us can agree that it isn't because it doesn't need to be done.
    Wonderful Life: The Burgess Shale and the Nature of HistoryPagan Devotionals, because the wind and the rain is our Bible
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      #77
      Re: Indiana's Right to bear arms law

      Originally posted by B. de Corbin View Post
      Interesting idea, but, IMHO, a bad one.

      Suppose the radical Republicans had won the last presidential, while there the Republicans dominated government, and the entire Constitution was opened for "revision"?
      Very little most likely. The only potentially valid way to get the entire Constitution open for revision is a Constitutional Convention under Article 5. Once that occurs, two key things happen.

      1) the Federal legislature and the President can screw off so any supermajority in Congress is irrelevant.

      2) Any proposed amendment requires a conscensus of 75% of the states. 38 state legislatures (or state conventions, congress can pick which one) are required to ratify everything. That's not an easy thing to arrange. I don't recall either side of the aisle being that dominant in quite some time.
      Nothing would've happened. E
      Life itself was a lightsaber in his hands; even in the face of treachery and death and hopes gone cold, he burned like a candle in the darkness. Like a star shining in the black eternity of space.

      Yoda: Dark Rendezvous

      "But those men who know anything at all about the Light also know that there is a fierceness to its power, like the bare sword of the law, or the white burning of the sun." Suddenly his voice sounded to Will very strong, and very Welsh. "At the very heart, that is. Other things, like humanity, and mercy, and charity, that most good men hold more precious than all else, they do not come first for the Light. Oh, sometimes they are there; often, indeed. But in the very long run the concern of you people is with the absolute good, ahead of all else..."

      John Rowlands, The Grey King by Susan Cooper

      "You come from the Lord Adam and the Lady Eve", said Aslan. "And that is both honour enough to erect the head of the poorest beggar, and shame enough to bow the shoulders of the greatest emperor on earth; be content."

      Aslan, Prince Caspian by CS Lewis


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        #78
        Re: Indiana's Right to bear arms law

        Originally posted by MaskedOne View Post
        Very little most likely. The only potentially valid way to get the entire Constitution open for revision is a Constitutional Convention under Article 5.
        Me thinkest thou missed the bit where I was responding to Thalassa's:

        Thomas Jefferson (IMO, the second most interesting of the founders) thought that laws, including the Constitution should expire after 19 years, and every generation should rewrite them anew.

        P.S. Up to my hindquarters in Romeo and Juliet these days...
        Every moment of a life is a horrible tragedy, a slapstick comedy, dark nihilism, golden illumination, or nothing at all; depending on how we write the story we tell ourselves.

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          #79
          Re: Indiana's Right to bear arms law

          Another, I think, major problem with each generation coming up with a new Constitution of it's own, has to be the potential for tyranny to rear its ugly head, which was a major concern when the document was written, and is still a concern, now. The idea of creating a whole new government, every so many years, likely would have made shit like McCarthyism, or Hooverism, far more powerful and, indeed, could have opened the door to the end of the nation. Not unlike the Civil War era succession. Only multiplied.

          *twitch* not only off topic but I'm giving myself the willies, here.




          "Reason is not automatic. Those who deny it cannot be conquered by it." - Ayn Rand

          "Everything we hear is an opinion, not a fact. Everything we see is a perspective, not the truth." - Marcus Aurelius

          "The very ink with which history is written is merely fluid prejudice." - Mark Twain

          "The only gossip I'm interested in is things from the Weekly World News - 'Woman's bra bursts, 11 injured'. That kind of thing." - Johnny Depp


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            #80
            Re: Indiana's Right to bear arms law

            Originally posted by B. de Corbin View Post
            Me thinkest thou missed the bit where I was responding to Thalassa's:




            P.S. Up to my hindquarters in Romeo and Juliet these days...
            Ouch, ignore my last comment. That idea scares the F out of me. I don't mind mandatory conventions every 25-50 years because getting silliness through them remains difficult but expiring the Constitution itself regularly disturbs me on way too many levels.
            Life itself was a lightsaber in his hands; even in the face of treachery and death and hopes gone cold, he burned like a candle in the darkness. Like a star shining in the black eternity of space.

            Yoda: Dark Rendezvous

            "But those men who know anything at all about the Light also know that there is a fierceness to its power, like the bare sword of the law, or the white burning of the sun." Suddenly his voice sounded to Will very strong, and very Welsh. "At the very heart, that is. Other things, like humanity, and mercy, and charity, that most good men hold more precious than all else, they do not come first for the Light. Oh, sometimes they are there; often, indeed. But in the very long run the concern of you people is with the absolute good, ahead of all else..."

            John Rowlands, The Grey King by Susan Cooper

            "You come from the Lord Adam and the Lady Eve", said Aslan. "And that is both honour enough to erect the head of the poorest beggar, and shame enough to bow the shoulders of the greatest emperor on earth; be content."

            Aslan, Prince Caspian by CS Lewis


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