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The American Constitution ? - 3/31/2011 4:15:59 AM   
Aneirin


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I am unclear about this, the American Constitution is everyone in America supposed to know it ?

Is it taught in schools, is there a constitutional requirement to know it ?

Is it to be taken in it's original wordage or is it open to reinterpretation ?

Has the constitution been adhered to and is it being adhered to still ?

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Everything we are is the result of what we have thought, the mind is everything, what we think, we become - Guatama Buddha

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RE: The American Constitution ? - 3/31/2011 4:36:42 AM   
gungadin09


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quote:

ORIGINAL: Aneirin

I am unclear about this, the American Constitution is everyone in America supposed to know it ?

Not word for word. It is taught in the 8th grade, and students take a nationwide test to demonstrate their understanding of the U.S. Constitution. i don't think there's any penalty, besides a bad grade, if they fail. Each state has a constitution too, but i don't think they test on that.

Is it taught in schools, is there a constitutional requirement to know it ?

No, it isn't written into the Constitution that the Constitution must be taught. It is required by law, though. It's a mandatory part of the 8th grade U.S. history curriculum, nationwide.

Is it to be taken in it's original wordage or is it open to reinterpretation ?

The court system bears the responsibility of interpreting the wording of all laws, including the Constitution.

Has the constitution been adhered to and is it being adhered to still ?

That is for the courts to decide. Anyone who thinks that a local, state, or federal law exists in violation of the Constitution, must file a law suit and present their argument to the courts. The courts then decide whether the law is really unconstitutional. But, yes, the courts have overturned laws for being unconstitutional, and will continue to do so.

For example, in Brown vs The Board of Education of Tupeka (1954), the U.S. Supreme Court ruled that the existing local law mandating racial segregation in schools, violated the 14th Amendment of the U.S. Constitution, which states that "no state shall...deny to any person within its jurisdiction the equal protection of the laws." The interpretation the Supreme Court used to justify that decision was that the segregated schools were in fact *not* "equal" (the black schools were inferior), and so a citizen's right to an education was *not* being protected equally in each case. In other words, children need to attend the *same* school, regardless of race, in order to protect their right to have the *same* quality of education.


pam

< Message edited by gungadin09 -- 3/31/2011 5:21:28 AM >

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RE: The American Constitution ? - 3/31/2011 4:42:19 AM   
pogo4pres


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FR

1) Yes, everyone should know it.

2) No it is not taught in lower schools, it is "breezed" through, and it really isn't taught until you hit law school.

3) The Founders expected it would be open for interpretation, however they made amending it next to fucking impossible.  So we have two camps now the "Living document" crowd, and the "It means what it says" crowd.  No telling which side is correct, as I sort of fall in the middle.

4) Is it adhered to?  That depends on the whims of government, every president since Milhous has chipped away at the 4th amendment to the point that it is now pretty much useless.  Has it been adhered to, well the founders seem to have had a "no limit" on the amount of representation, but the southern coalition in the 1930's convinced the rest of the nation that the size of congress should be capped at 435, with 100 senators.  As the population has shifted south & west, we in the northeast states are screwed as we lose representation to the southern and western states

Overall though if frigging Americans would get off their lazy asses and learn the bill of rights (first ten amendments) we'd see government more in check.  Alas, I fear that is but a dream however.


Constitutionally,
Some Knucklehead in NJ


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RE: The American Constitution ? - 3/31/2011 4:48:35 AM   
Aneirin


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So the constitution although a wonderful and well thought out piece of writing that could guard a nation's future is in fact bearing less and less relevance in the real world due to the interpretation and reinterpretation that goes on in the courts of law.

Why do such well though out words need to be reinterpreted in this modern world, was the plain speech of the original constitution not good enough ? ( and I note in the original constitution lawful terminology is actually defined in the constitiution) ?

Would America be in better shape if the original words of the Constitution were adhered to without reinterpretation ?

I ask as my understanding of the need to interpret and reinterpret, is a failure to understand what is, or a need to justify other agenda.


_____________________________

Everything we are is the result of what we have thought, the mind is everything, what we think, we become - Guatama Buddha

Conservatism is distrust of people tempered by fear - William Gladstone

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RE: The American Constitution ? - 3/31/2011 5:13:03 AM   
gungadin09


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quote:

ORIGINAL: Aneirin

So the constitution although a wonderful and well thought out piece of writing that could guard a nation's future is in fact bearing less and less relevance in the real world due to the interpretation and reinterpretation that goes on in the courts of law.

No, the courts ability to interpret the Constitution is why it remains meaningful today, over 200 years after it was written. The Constitution was purposely written in broad terms instead of specific, to allow for exactly that kind of reinterpretation over time.

Why do such well though out words need to be reinterpreted in this modern world, was the plain speech of the original constitution not good enough ? ( and I note in the original constitution lawful terminology is actually defined in the constitiution) ?

Because, as i said, the words were written broadly for that very purpose. The intention, to begin with, was to allow the states a certain amount of freedom for making their own laws. They may NOT make a law that violates the U.S. Constitution. But the language of the Constitution is open to a certain amount of interpretation. Lawmakers interpret the constitution one way when they write their laws. The courts have the final say, if the constitutionality of a law is called into question. That is to say, they have the power to overturn laws that they find to be unconstitutional.

The whole idea was to divide power equally between the legislative, executive, and judicial branches of government, so that no branch had all the power, and each branch could act as a check against abuses of power by the other two.


Would America be in better shape if the original words of the Constitution were adhered to without reinterpretation ?

The original words are so broad that they cannot be adhered to without interpretation. They were written so as to *require* interpretation.

I ask as my understanding of the need to interpret and reinterpret, is a failure to understand what is, or a need to justify other agenda.

i hope i have explained it well.


pam


< Message edited by gungadin09 -- 3/31/2011 5:26:12 AM >

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RE: The American Constitution ? - 3/31/2011 5:14:40 AM   
pogo4pres


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quote:

ORIGINAL: Aneirin

So the constitution although a wonderful and well thought out piece of writing that could guard a nation's future is in fact bearing less and less relevance in the real world due to the interpretation and reinterpretation that goes on in the courts of law.

Why do such well though out words need to be reinterpreted in this modern world, was the plain speech of the original constitution not good enough ? ( and I note in the original constitution lawful terminology is actually defined in the constitiution) ?

Would America be in better shape if the original words of the Constitution were adhered to without reinterpretation ?

I ask as my understanding of the need to interpret and reinterpret, is a failure to understand what is, or a need to justify other agenda.




The second amendment as worded in its entirety :  A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.

Those words were written when the most deadly weapons, were single shot muskets that had less then a 100 yard(meter for those across the pond) range.  Now the typical assault rifle has a 400meter (yard) range and can fire in semi-auto, or automatic fire,  and in some cases such as the FAMAS, and the M-16 A4 fire in three round bursts. (The FAMAS can fire 1, 3, or 5 round bursts).

Now I could be wrong but I think the need for a civilian to own a weapon of war is no longer there.   We have a standing army and marine corps that total roughly 3/4 of a million troops.  Men being men though they tend to want shit like that to compensate for their perceived "short-comings" 


Constitutionally,
Some Knucklehead in NJ


_____________________________

"All life is pain highness, anyone that says different is just trying to sell something" The Man in Black (Dread Pirate Roberts)

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RE: The American Constitution ? - 3/31/2011 5:28:51 AM   
rulemylife


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quote:

ORIGINAL: Aneirin

So the constitution although a wonderful and well thought out piece of writing that could guard a nation's future is in fact bearing less and less relevance in the real world due to the interpretation and reinterpretation that goes on in the courts of law.

Why do such well though out words need to be reinterpreted in this modern world, was the plain speech of the original constitution not good enough ? ( and I note in the original constitution lawful terminology is actually defined in the constitiution) ?

Would America be in better shape if the original words of the Constitution were adhered to without reinterpretation ?

I ask as my understanding of the need to interpret and reinterpret, is a failure to understand what is, or a need to justify other agenda.



The words of the Constitution were deliberately vague to allow for societal changes.

But some believe in the document the way many believe in the Bible.

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RE: The American Constitution ? - 3/31/2011 6:11:31 AM   
tazzygirl


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Yes, some believe the black vote should only be 3/5ths of a white vote and women have no vote at all. Thats what would have happened had the courts, and "the people" not interpreted the document and decided it needed changing.

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RE: The American Constitution ? - 3/31/2011 6:12:35 AM   
ArizonaBossMan


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Gentlemen, force yourself to watch The View. All of it. Just one time. Then lets revisit the vote for women.

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RE: The American Constitution ? - 3/31/2011 6:13:55 AM   
tazzygirl


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Its better to watch you post your stupidity, then we shall take up the issue of allowing white men to vote at all.

_____________________________

Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: The American Constitution ? - 3/31/2011 6:18:07 AM   
ArizonaBossMan


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Once again, just try watching The View. That's simple to do. And yes, "insane" is a proper thing to put on your nameplate.

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RE: The American Constitution ? - 3/31/2011 6:23:09 AM   
flcouple2009


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I don't think sock puppets will ever have the right to vote.

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RE: The American Constitution ? - 3/31/2011 7:31:24 AM   
eihwaz


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quote:

ORIGINAL: Aneirin
I am unclear about this, the American Constitution is everyone in America supposed to know it ?

Is it taught in schools, is there a constitutional requirement to know it ?

The Constitution itself is silent on this nor, to my knowledge, are there any federal laws requiring it.  However, public education curriculum requirements in most (or all) states include American History and the Constitution.

Is it to be taken in it's original wordage or is it open to reinterpretation ?

As others have stated, it was designed to be interpreted.  The US system of government evolved mechanisms and conventions for doing so

Has the constitution been adhered to and is it being adhered to still ?

Determining what it means to adhere to the Constitution and as well as whether specific laws conform to it is a continual process within the US system.

As well, in these discussions, it is important to recall the distinction between interpreting and amending.  The former attempts to derive the meaning of the extant provisions and language, while the latter changes the actual substance.  I believe that even most Constitutional 'originalists' concede that the language of the amendments is valid.


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RE: The American Constitution ? - 3/31/2011 8:12:26 AM   
Real0ne


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It is if you know what the words mean.

quote:


CONSTITUTOR. In Civil Law. He who promised by a simple pact to pay the debt of another; and this is always a principal obligation. Inst 4. 6. 9.




















< Message edited by Real0ne -- 3/31/2011 8:17:17 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

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RE: The American Constitution ? - 3/31/2011 8:15:46 AM   
mnottertail


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Constitutor is not a word found in the Constitution, so it has absolutely no applicability here.  The Constitution is meta-law, not wholly criminal or civil in nature.  

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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: The American Constitution ? - 3/31/2011 8:20:49 AM   
Real0ne


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LMAO

Now thats funny!

Constitutor's write constitutions

Bailors deliver bail

Grantors Grant

Fartors fart and the word fart is not found in the gas either!


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
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RE: The American Constitution ? - 3/31/2011 8:23:32 AM   
mnottertail


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NO. 

framers wrote our constitution.

constituencies constitute.
constitutors constitute.
constitutioners write constitutions.

jellyfish make no jelly. 

Go fish.

< Message edited by mnottertail -- 3/31/2011 8:28:42 AM >


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RE: The American Constitution ? - 3/31/2011 8:32:30 AM   
Real0ne


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quote:

ORIGINAL: mnottertail

NO. 

framers wrote our constitution.
ron, framers and constitutors are synonymous LMAO
constituencies constitute.
you just agreed with me below, except for that one which isnt applicable to either side of the argument

constitutors constitute.
constitutioners write constitutions.

jellyfish make no jelly. 

Go fish.



they created a franchise! 

a corporation!

which is a democracy!

MOB rule!

so you can be FREE!

LMAO


< Message edited by Real0ne -- 3/31/2011 8:42:45 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
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RE: The American Constitution ? - 3/31/2011 8:42:25 AM   
mnottertail


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No, they are not synonomous.  framers build houses, sometimes nations.

http://dictionary.reference.com/browse/constitutor

a turd by any other name....

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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: The American Constitution ? - 3/31/2011 8:45:27 AM   
Real0ne


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again you prove my point thank you

_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to mnottertail)
Profile   Post #: 20
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