Originally posted by wklink
In fact, the only way to redo the constitution is through Constitutional convention. The constitution was written so it would be exceedingly difficult to change without a supermajority vote.
The law of the land should be the Constitution. It troubles me that people seem to think that it should be disregarded when inconvenient. Unfortunately people on both sides of the political spectrum seem to run to bench legislation when it is decided that the will of the people is inconvenient or too slow.
Why treat a document authored by men as holy writ? The framers of our Constitution were smart enough to speculate that there would be many societal differences occurring in the years to come that they could not possibly have the foresight to address in the document they created.
As Thomas Jefferson stated:
"Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human and suppose what they did to be beyond amendment. I knew that age well; I belonged to it and labored with it. It deserved well of its country. It was very like the present but without the experience of the present; and forty years of experience in government is worth a century of book-reading; and this they would say themselves were they to rise from the dead." --Thomas Jefferson to Samuel Kercheval, 1816. ME 15:40
He had more to say when it comes to constitutional revision:
"Let us provide in our constitution for its revision at stated periods. What these periods should be nature herself indicates. By the European tables of mortality, of the adults living at any one moment of time, a majority will be dead in about nineteen years. At the end of that period, then, a new majority is come into place; or, in other words, a new generation. Each generation is as independent as the one preceding, as that was of all which had gone before. It has then, like them, a right to choose for itself the form of government it believes most promotive of its own happiness; consequently, to accommodate to the circumstances in which it finds itself that received from its predecessors; and it is for the peace and good of mankind that a solemn opportunity of doing this every nineteen or twenty years should be provided by the constitution, so that it may be handed on with periodical repairs from generation to generation to the end of time, if anything human can so long endure." --Thomas Jefferson to Samuel Kercheval, 1816. ME 15:42
...and further:
"Every constitution, then, and every law, naturally expires at the end of nineteen years. If it be enforced longer, it is an act of force, and not of right. It may be said, that the succeeding generation exercising, in fact, the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to nineteen years only. In the first place, this objection admits the right, in proposing an equivalent. But the power of repeal is not an equivalent. It might be, indeed, if every form of government were so perfectly contrived, that the will of the majority could always be obtained, fairly and without impediment. But this is true of no form. The people cannot assemble themselves; their representation is unequal and vicious. Various checks are opposed to every legislative proposition. Factions get possession of the public councils, bribery corrupts them, personal interests lead them astray from the general interests of their constituents; and other impediments arise, so as to prove to every practical man, that a law of limited duration is much more manageable than one which needs a repeal." --Thomas Jefferson to James Madison, 1789. ME 7:459
Sounds reasonable to me.
h
