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The Constitution is by no means divine, but at the same time, its word is supreme. That said, where the Constitution may be flawed, the Constitution also defin
by bmelton 13y ago
The Constitution is by no means divine, but at the same time, its word is supreme.
That said, where the Constitution may be flawed, the Constitution also defines prescriptive measures be taken to remedy it.
The Constitution can be, and has been ratified, and is the appropriate measure to be taken whenever it's found lacking. The problem isn't that the Constitution is lacking, it's that those in power can simply 'interpret it' how they wish without fear of reprisal.
The president and legislature can make laws that violate the Constitution, so long as it's done in a way that isn't obviously egregious, and the worst case is that the law is overturned a decade later by a judiciary that, 98 times out of 100, simply defers to the legislative authority of Congress.
If we were watching a football game, and a referee simply decided to ignore an obviously valid touchdown, more Americans would be furious about that than there currently are about abuses of the Constitution, yet it's exactly the same principle.
Football has a set of rules, as codified in a rule book. If a rule isn't working, the NFL has the ability to change the rule, and may do so unilaterally, but at the same time, they're obligated to publish and make everybody aware of the changes to the rules.
Meanwhile, our legislature and executive branches ignore the rulebook of our nation, and a painfully small amount of people pay it any attention.