Is the US Constitution Outdated and in need of Replacement?

[mcbammer]

The   constitution   is   fine   like  it  is  .  Its   the   hundreds   of   Judges  with   different    Interpretations.

[streak]

The founding farthers of the Constitution knew what they were doing and if the Constitution would be adhered too as it should be, we would have alot less problems in this country. These last three administrations have trampled upon the constitution and we see where we are now!
 The Constitution is OK as it is now!
 

[BUGEYE]

Ron Paul says that income tax is unconstitutional but I've been paying it for over 50 years.
the 2nd says my rights will not be infringed, but they are.
political correctness has overruled the 1st.   the idea of separation of church and state doesn't work, because we have lost the freedom to pray where we please.
so what constitution are you talking about??  when are federal marshalls gonna arrest obama??
when is the SCOTUS gonna say cease and desist to congress??
NEVER!!!!!!
the constitution is a worthless yellowing piece of paper because we are not the MEN that the founders were.

[streak]

Ron Paul says that income tax is unconstitutional but I've been paying it for over 50 years.
the 2nd says my rights will not be infringed, but they are.
political correctness has overruled the 1st.   the idea of separation of church and state doesn't work, because we have lost the freedom to pray where we please.
so what constitution are you talking about??  when are federal marshalls gonna arrest obama??
when is the SCOTUS gonna say cease and desist to congress??
NEVER!!!!!!
the constitution is a worthless yellowing piece of paper because we are not the MEN that the founders were.

BUGEYE,
You hit the nail on the head on this one!!
Good post!

[IronBrigade]

Our founding fathers in their God-given wisdom, created a wonderful document and a wonderful way to amend same.  If it needs "fixing", it can be done by the people in the prescribed way.... and it was purposely made difficult.
   If it's not broke...DON'T TRY TO FIX IT !

Couldn't have said it better myself.

[Lost Farmboy]

   
If the Constitution was rewritten today, it would outline all the freedoms in the present one. Then it would have 10,000 pages of loop holes that would make King George jealous.

[SHOOTALL]

TM7, what needs to be done is apply the consitution . Take all the laws and see if they pass the is it consitutional or not test 

.
Might be a start. Who does that..? I think the problem is more congenital than that at this point....really in essence, our revolution was never concluded,,,, just paused.  See link above....
 
..TM7

Well no one will until "WE THE PEOPLE" demand it thru voting . Yes the court is suppose to do it  "WE THE PEOPLE" can make sure it does so as it should be ruled on.

[johnpaulh]

What do you think?

New ammendments may be needed  to insure freedoms are not infringed . It needs to be considered that America has grown and technology has given Americans access to things not dreamed of when the Constitution was written so in order to protect our rights to have and use this new tech. we need protection from govt. with regard to it. Others may need to be up dated to insure the same freedoms . The fore fathers Incorporated the tools to do so.

Just got around to reading this thread and found several points that strike me...one of the first suggested tossing out 100 years of case law.  Bravo!  The Constitution needs no revision, the Judicial System does....

The other posts discuss the role of government...I too ponder the role of government as the founding fathers envisioned it and Lincoln embodied and defined in his Gettysburg address. "...that Government of the people, by the people and for the people...." think about what the years have wrought, that same government that at times questioned its own necessity, has now truly become a necessity, we have been conditioned to look to government for all, and we have distanced ourselves, The People, from our charge the founding fathers placed on us. 

Lincoln's words should arouse us again, but we've become so inured to the corruption, lies, backstabbing, two faced political bull patties that most of us just "vote for the lesser of the evils".  What the hell would happen if we didn't vote period?  That would be a loud voice in a lot of ears....yeah, I know, "but then THEY'D WIN"  Really?  Would "they"?  At least half of the American voting public standing strong wouldn't get "their" attention? 

For all their negative (mostly deserved because of dumb$hit moves and mouths) press, I still have to admire the Tea Party, the first movement since MLK's million man march on Washington to gain any true momentum in a long time...too bad they weren't a little more cohesive and less rabid, they could have started something that would have carried legitimate weight and brought about a peaceful revolution.  Ah well, I guess come election day, I'll just vote for whatever flavor of Republican on the ticket...have to conform to the norm y'know?

Don't jump my a$$ for having an opinion, we all can see where things MAY have gone wrong, and it wasn't the Dems, Repubs or any other group that let the crap get this far...it was us, for letting it happen without taking a stand. 

Old Ben Franklin liked the girls too...but you can bet if John Adams had pulled a Bill Clinton, he would have been impeached, and had his arse tossed out of the White House onto the street, where the angry mob would have been waiting with torches, pitchforks, and very unforgiving attitudes.

[Singleshotsam]

Saying that the U.S. Constitution is out-dated is essentially saying that common sense is out-dated. 
 
 

[SHOOTALL]

Saying that the U.S. Constitution is out-dated is essentially saying that common sense is out-dated.
[/quote
 
That may sound good but the common sense back in the day was to install in the consitution the tools to change it thus it should be common sense to review it from time to time to make sure it addresses the needs of the people. And there have been many advancments to limit peoples freedom since it was adopted . It would not be folly to strengthen/restablish the peoples rule over govt. IE the patorit act could be eliminated and changes made to make sure laws similar were not possible in the future as one possible example . Another might be to streghten the 2nd amn. so it could never be superseeded by a treaty our govt. might enter in to.

[Gary G]

It was the grandest experiment ever at putting a limit on government, but they made one mistake. That is they put all three branches in the same government thinking that they would be a check on each other, but in reality, they are all going in the same direction for it is always the desire of all governments to grow in both power and wealth. The supreme court, appointed by the executive and legislative, wound up being the intellectuals interpreting the constitution in the way desired to achieve the governments goals, and giving credence before the people and thus alleviating the public outcry.


Before the sixteenth amendment, the people were able to exercise some control through the purse strings, but after the 16th was passed, there is no longer any limit on government growth and so you see the monstrosity that it has become. When they can tax and decide the amount of tax themselves, it's growth is only limited by the invisible hand of economics.


Government can only live in a parasitic fashion upon the rest of us. Sooner, or later their parasitism will destroy what is left of the economy. They will talk of shrinking government as they have spoken for many years; but you watch and see if they ever do. I think we are witnessing the fall of Rome.


The budget should be balanced, the Treasury should be refilled, public debt should be reduced, the arrogance of officialdom should be tempered and controlled, and the assistance to foreign lands should be curtailed lest Rome become bankrupt. People must again learn to work, instead of living on public assistance. –Roman philosopher and statesman Marcus

[skinman]

No, there is no need to replace it. What folk's should understand is that document is just as important today as the day it was drawn up. What has wavered is we have allowed our society to wander off the trail. Look first at our original colleges and what their motto's were. Then also look at what they taught the children in grade schools. If you have ever read the Federalist Papers or the Debates on the Constitution; average farmer's could understand what they were talking about. I am here to ask you to read passages from these works and ask yourself if you understand the language? The tide was turned in this country in my opinion when Darwin wrote the book questioning our existence. Oliver Wendal Holmes who sat on the Supreme Court for 30 years or so was also a man who courted some of Darwin's beliefs. Our school systems slowly started changing after Darwin's book. No longer were children in grade school taught the language that our Founder's were taught. We grew up with Dick and Jane books. We were dumbed down. God was taken out of our class rooms; for if you do your research you will find that God was in the original teachings at our original colleges and in our grade schools. This foolishness of separation of Church and State wasn't in the Founder's beliefs. It was slowly taken out of our school systems and colleges by lawyer's and other's who believed that Darwin's theory might be right. So from about 1859 to this day, our Constitution has been trampled by folks who have wanted to bend it for their own gain. I believe it is not a living organism that changes over time; that only benefits those folks who want something for themselves. It is a steadfast document that has rules, rules that should be followed to the letter; for this is what is so grand about it. It is designed to keep our society cohesive and steady. If you look at the original colonies State Contituions, you will see that they mostly mirror our Federal Constituion. No, the Constitution has not changed one word. We unfortunatly have allowed ourselves to waver from it.

[dwalk]

IMO, there should amendments limiting congressional seats (Term limits) in the house and senate and limiting congress' power to TAX...and...expand the 2A to, expressly, include private, civilian ownership, possession and use of firearms.

[SHOOTALL]

we already have what you say about guns . Its the laws passed that don't follow the consitution that cause the problem.

[BUGEYE]

we already have what you say about guns . Its the laws passed that don't follow the consitution that cause the problem.

If congress outlawed guns today, by the time it finally dragged through the lower courts and finally made it to the SCOTUS, our guns would have already been collected and melted down.

[SHOOTALL]

we already have what you say about guns . Its the laws passed that don't follow the consitution that cause the problem.

If congress outlawed guns today, by the time it finally dragged through the lower courts and finally made it to the SCOTUS, our guns would have already been collected and melted down.

Maybe maybe not , I won't pretend to know what would happen, won't even bring up Concord . I would suggest looking at Canada and 10 years of trying to get them to reg. long guns with out success .

[wganz]

What is truly needed is a 'Clarification Amendment' to undo the Supreme Court's infringement of our liberties. Here is what I am proposing as a 'good start'. 

In order to secure the individual's freedom from encroachment by an overbearing federal government, we the citizens, hereby amend the Constitution with this Amendment to clarify the constitution and to be binding upon all three branches of the federal government.

• The power of Congress to regulate Commerce is hereby restricted to actual commerce that flows between the various states. It is not a carte blanche to intrude into the lives of the citizens.
• The Second Amendment is a political right that applies to individuals and 'thou shalt not be infringed' means what it says. No tests of 'sporting usage' or any other contrivance to bar the lawful use and possession are valid.
• Imminent Domain is to only be used to lawful take property for the government usage for the common good. It is not to be a vehicle to force transfer from one private owner to another private owner.
• The 14th Amendment, Section I bestows citizenship to those born of parents of US citizenship. It is not to be used to consecrate the end result of multiple felonies.
• Congress, in accordance to Article 3, Section 1, is to vote on the 5th year anniversery of all federal judges as to whether that judge has held their Office in good Behavior.
• The 4th Amendment's prohibition against unreasonable searches and seizures does protect the citizens from administrative forfeitures from the War on Drugs. A citizen can file for recovery of any property seized in a distant area at the closest federal courthouse to them of any property seized that was not later used as evidence against them in a felony trial and a guilty verdict was not returned by a jury trial. The penalty for any illegal seizures shall be the RICO standard of damages X 3.     

[Gary G]

Very good wganz. But you will need a revolution to get such even considered. It is the nature of all governments to grow in size and power and they will not consider shrinking their power of control over the people without some revolt of the people or economic calamity. But that will come.

[SHOOTALL]

A revolution maybe but it need not be bloody as we have the ablity to vote out what we don't like. The computer makes it possible to communicate better today than ever before. Just check the post on FB or other such sites or the amount of google use during the debate checking on who was lieing  . We may see the next election become cleaner with regard to lieing as politicans are being confronted with their lies sometimes only min. after spouting them out. The computer gives the "WE THE PEOPLE " a stronger , well informed and clearer view of what we send to govern us. If this were not true why is there talk and exc orders to control the net ? We are seeing that not only is the pen mighter than the sword but the computer is better than either.

[BUGEYE]

we have the ablity to vote out what we don't like.

the parasites have grown in numbers, along with whinie-hinies who won't vote for selfish reasons, and some older folks who have believed liberal propaganda, so it may be near impossible to vote them out anymore.  but I'll be voting and trying.

[SHOOTALL]

The reality is ( and many don't care for it ) is when someone is voted in they won the election by the rules . That is why the consitution may need to have additions to restrict the parasites from using courts etc. to over ride the intent of the org. consitution.

[akoonapg]

No, there is no need to replace it. What folk's should understand is that document is just as important today as the day it was drawn up. What has wavered is we have allowed our society to wander off the trail. Look first at our original colleges and what their motto's were. Then also look at what they taught the children in grade schools. If you have ever read the Federalist Papers or the Debates on the Constitution; average farmer's could understand what they were talking about. I am here to ask you to read passages from these works and ask yourself if you understand the language? The tide was turned in this country in my opinion when Darwin wrote the book questioning our existence. Oliver Wendal Holmes who sat on the Supreme Court for 30 years or so was also a man who courted some of Darwin's beliefs. Our school systems slowly started changing after Darwin's book. No longer were children in grade school taught the language that our Founder's were taught. We grew up with Dick and Jane books. We were dumbed down. God was taken out of our class rooms; for if you do your research you will find that God was in the original teachings at our original colleges and in our grade schools. This foolishness of separation of Church and State wasn't in the Founder's beliefs. It was slowly taken out of our school systems and colleges by lawyer's and other's who believed that Darwin's theory might be right. So from about 1859 to this day, our Constitution has been trampled by folks who have wanted to bend it for their own gain. I believe it is not a living organism that changes over time; that only benefits those folks who want something for themselves. It is a steadfast document that has rules, rules that should be followed to the letter; for this is what is so grand about it. It is designed to keep our society cohesive and steady. If you look at the original colonies State Contituions, you will see that they mostly mirror our Federal Constituion. No, the Constitution has not changed one word. We unfortunatly have allowed ourselves to waver from it.

Why do you think taking God out of the public school system made any difference at all? There is nothing wrong with the Constitution, it is the politicians that allow big rich bankers to control them that are sending us down the drain, if only something was to be done about them. If it wasn't for the Constitution the bankers would be the biggest dictactors ever known in history. We were dumbed down as to be nothing but sheeps who do and follow everything that is forced or feared into them.

[John Y Cannuck]

Never allow them to open your constitution. We did that in Canada, and the problems are still with us. Bickering and fighting between states and special interest groups would make a horrible mess, with the politicians following only what they see will give them the most votes, or the most power and money for them and or their friends. If you feel you have issues with your constitution, learn ways of dealing with it, because if you open it, you will lose far more than you could ever hope to gain.

[Defoe]

What the hell would happen if we didn't vote period?

If nobody voted except the liberals and their parasites,  that would amount to the biggest mandate in history.  so the very next day congress would vote the constitution null and void and start enacting laws making every one of us subjects instead of citizens.

[Michael James Cobb]

The Constitution is working just as the founders intended it should.  The law of the land should not be easy to change and should not be subjected to political whim.  I think that the individuals who argue for re-doing it (this clown for example, writing in the New York Times http://www.nytimes.com/2012/12/31/opinion/lets-give-up-on-the-constitution.html?pagewanted=all) are simly annoyed that they cannot get their agendas implimented because that pesky Constitutional review stands in their way. 


Last I looked, the Constitution has been amended 17 times and it's provisions seem to be pretty flexible for today's world.  The Constitution is unique in the world because it does not depend upon a government to give us rights.  We have them naturally and this document exists to give power (and reduce our rights) to the central government.  Europeans hate that, perhaps it is a vestige of their Monarchical past, they prefer that all things come from the Government.  This is highly dangerous since what Government gives, Government can take away. 


I suspect that what really bothers people who would like tro re-write the Constitution are things like freedom of speech and the 2A.  These are the very core freedoms that assure our freedom.


Finally, we have to be very careful about things like the "War on Drugs" and the Patriot Act and other made up things that give tremendous power to the Feds.  These things do not reflect a Conservative ideology in the slightest and are thus dangerous.

[BAGTIC]

What the hell would happen if we didn't vote period?

If nobody voted except the liberals and their parasites,  that would amount to the biggest mandate in history. so the very next day congress would vote the constitution null and void and start enacting laws making every one of us subjects instead of citizens.

Congress can not vote the Constitution null and void. How do people expect to defend something when they don't even know what it is they are supposedly defending?

[BAGTIC]

"Last I looked, the Constitution has been amended 17 times and it's provisions seem to be pretty flexible for today's world. "
 
It has been amended 27 times. If we can't keep up how do we expect to defend it?

[BUGEYE]

What the hell would happen if we didn't vote period?

If nobody voted except the liberals and their parasites,  that would amount to the biggest mandate in history. so the very next day congress would vote the constitution null and void and start enacting laws making every one of us subjects instead of citizens.

Congress can not vote the Constitution null and void. How do people expect to defend something when they don't even know what it is they are supposedly defending?

after obama appoints two more liberal judges to the SCOTUS, the democrats can do as they please.  when it happens your rights will be gone. then you can wipe your hiney on the constitution. that's all it'll be good for.
http://reason.com/archives/2009/05/26/sonia-sotomayor-on-gun-rights
there's one of his appointments.
and the sad thing is, obamas not hiding a thing that he's doing.  it's all right out there in front of us to see and apparently ignore.
the liberal left used their famous incrementalism for years to sneak up on us, and now the cannons are in place and they will bombard us for the next four years and when the smoke clears, you will be a subject just as sure as if you lived in china.
unless of course we man-up and take back the country.  and we'll surely have a valid reason very soon, because obama suspects that the people have no back-bone.

[SHOOTALL]

so lets have a consitutional convention to re state what powers the feds have and the states. And limit both in scope .

[Dixie Dude]

Congress passed a law yesterday that the constitution has to be read every day and every bill has to show where it is legal within the constitution.  Some Republican slipped this in the Sandy relief package.  Maybe this will get some people to thinking and reading the constitution.