by BigTex » Sun 24 Feb 2008, 16:01:52
$this->bbcode_second_pass_quote('seahorse', 'Y')es Cloud9, you're thinking is way up on Cloud9, but, practically, the 2nd Amendment is still only a piece of paper. Unless you are willing to use that gun in your hand, that paper will not protect you. Thomas Jefferson had a good quote about that, which, I don't have time to find right now.
Its good that our founding fathers didn't wait for the courts to protect them. Believe me, I'm in the courts a lot, you won't find what you're looking for there.
Seahorse, I am an attorney as well and I could not agree with you more that the courts are simply not the place to go for justice or the efficient resolution of disputes.
Any time someone asks me about a potential lawsuit, I tell them to do everything in their power to avoid suing someone or being sued. The only ones who typically benefit are the attorneys, and frequently it sucks for them too.
Btw, I am not a litigator, so I can talk like that without going broke.
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As for the Constitution, I think we are better off having it and abusing it than not having it at all. The days of strict constructionism are over, which is unfortunate, but a diluted Constitution is still better than no Constitution.
People today just fundamentally misunderstand the proper role of government (as I see it, anyway). Rather than simply providing a secure society where liberties are protected, people seem to see the government as the agent that should protect them from every imaginable insult, injury, uncertainty and curve ball life may throw at them. No entity can do that (other than your parents maybe when you are growing up), and imagining that the government could ever fill that role is a recipe for high taxes, bureaucracy and frustration.
Everyone should read the Constitution, or at least skim it. It's really a very interesting document. Perhaps the finest practical blueprint for the organization of a society every created.
One of the things that emerges when reading the Constitution is that the founding fathers were only partially interested in democracy. Consider that originally the electorate was a small portion of society and even then neither the Senate nor the President were popularly elected and the power to draw House congressional districts gave state legislatures the power to manipulate the operation of popular elections of House members as well.
The Constitution is really much more about how to limit the power of government and prevent tyranny for as long as possible. Starting with FDR's Presidency (and maybe even Lincoln's), however, we have been drifting farther and farther from these principles.
State and local governments in particular have just been completely emasculated by the Feds. Congress, too, has been repeatedly molested by the Executive branch (often consensually). As for the Judicial branch, it is absolutely amazing that the people of this country, as well as the Congress and the Executive branch, have allowed the expansion of the power to change laws so dramatically in the process of "interpreting" them.