Post by wrathofkuus on Jul 24, 2012 15:41:49 GMT -5
You know, I don't dislike any of what stands today as it is written (minus the federal income taxes, of course). I do, however, dislike the general perception of some of it.
favorite: i like how the first - third articles work together. seriously. i'm all over checks and balances. and i'm deeply in love with the 19th amendment. and after all of this arab spring stuff, i'm coming to appreciate the freedom of assembly in the 1st quite a bit.
least favorite: i think the fact that the 3rd permits quartering of soldiers during wartime if a law is passed is kinda gross. and i'd like if the BOR generally had a right to privacy more explictly spelled out so people would shut up already about it.
Post by wrathofkuus on Jul 24, 2012 16:45:49 GMT -5
Sure, Europe is going well. I'm not saying that there's never a stretch of time anywhere where this works. What I'm saying is that if things go wrong, without the second amendment, there's fuck-all anyone can do about it.
1) What are your favorite parts of the US Constitution? Why? the first, second, fourth, tenth, 19th, 20th, and 22nd amendments
*I don't own a gun, but I know why the second amendment's there.
2) Are there portions you dislike? If not, what are your least favorite portions? I don't know if I dislike it, but I think the eighth may be misapplied.
3) Are there portions of which you have changed your opinion greatly? No
Thinking about this made me remember my middle school social studies class where we had to memorize all the amendments.
I am pretty indebted to the 14th amendment, and specifically love the equal protection clause therin.
I am not so fond of the 2nd amendment, especially the caselaw surrounding its interpretation as (IMO, obviously) overly broad. And really not a fan of listening to other people talk about the 2nd amendment because there is too much focus on the "right to bear arms" portion and not enough on the rest of it.
I can't say I've changed my opinion on any part of the Constitution, really, except now that I think back on it, I used to be kind of OBSESSED about it (wannabe lawyer fangirling in high school) and overall have a less positive opinion of it compared to other countries' governing documents. My foray into learning about Canada's Charter of Rights and Freedoms was a significant part of the dampening of my enthusiasm for the US Constitution.
"I am not so fond of the 2nd amendment, especially the caselaw surrounding its interpretation as (IMO, obviously) overly broad. And really not a fan of listening to other people talk about the 2nd amendment because there is too much focus on the "right to bear arms" portion and not enough on the rest of it."
I found the Heller decision among others a no-brainer because the text is right there. The "people" was historically referred to as the whole populace, not a subset like a militia. To me, it's clear that "the right to keep and bear arms" part is the independent clause and the main gist.
It's funny when people contort themselves into knots to find this and that right while simultaneously ignoring the right that is so clearly delineated. Also, people go crazy at any attempt at regulating abortion, but they're ok with the gun bans and such. The second amendments right there and doesn't need to be created out of whole cloth with words like 'penumbras' and 'emanations.'
I've also always been partial to the 3rd... JUST KIDDING.
That said, the 13th was amazing and impactful at the time, although I'm sure it's not a favorite of constitutional scholars, because how often do you have to argue that something is unconstitutional by virtue of the 13th amendment? Only when someone is trying to enslave someone.
I also think that without the 16th amendment, America would not be where it is today. There is NO WAY we can go back to funding a government without income tax.
I like the 3 branches of government, and, unlike many, it seems, I really love the fact that SCOTUS justices are appointed rather than elected.
ETA: I don't know if it would be better, but I do think Parliamentary systems have a lot of benefits. Like allowing more than two major parties. And not directly electing a head of state by popular vote, which leads to more diversity. Pakistan has had a female head of state, people. Pakistan.
Sure, Europe is going well. I'm not saying that there's never a stretch of time anywhere where this works. What I'm saying is that if things go wrong, without the second amendment, there's fuck-all anyone can do about it.