• DomeGuy@lemmy.world
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    12 days ago

    1: the quote is from the declaration of independence, not the US Constitution that was written 13 years later after the initial weak federal government was found to be too weak.

    2: 11 of the ratified amendments were essentially part of the bargain to get said Constitution passed. And absent the civil war amendments, none of the subsequent amendments were passed due to violence. (Maybe you’re thinking of the VRA?)

    3: that SCOTUS has devolved into a creative writing exercise in “how can we pretend the Constitution doesn’t say what it says”, apparently Jefferson was right and enumerated rights were a mistake. (Given the benefit of hindsight, an equally difficult process for removing rights recognized by Congress or SCOTUS would have been better.)

    • Fedizen@lemmy.world
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      12 days ago

      I mean there needed to be a rule that SCOTUS couldn’t grant immunity to lawsuits or exempt the government from lawsuits.

      One obvious sign the constitution was not designed with much thought is that the Supreme Court and the Electoral College are both examples of what people in the 1700s thought would create apolitical processes with diametrically opposing theories (permanent = apolitical, temporary = apolitical) and the electoral college is definitely more successful so far in achieving its stated goals.

      • atomicbocks@sh.itjust.works
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        12 days ago

        The point of the electoral college isn’t to be apolitical, it’s to guarantee that the president is elected by the states and not the people. That was part of the compromise between the national and federal sides of the government. Though since the capping of the number in the House the government has been lopsided toward federal.

    • flandish@lemmy.world
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      12 days ago
      1. im aware. was speaking of the system soup to nuts. so why was it necessary to have a bargain to get it passed?