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constitution

Americans are told (and often believe) that they retain rights they no longer have. Wait for the rhetoric that goes with the celebrations of our freedoms this July 4th. You won’t hear a lot about the NSA then, but you should. In pre-constitutional America the colonists knew that they were under the king’s thumb. In totalitarian states of the last century like the Soviet Union, people dealt with their lack of rights and privacy with grim humor and subtle protest. However, in America, ever exceptional, citizens passively watch their rights disappear in the service of dark ends, largely without protest and often while still celebrating a land that no longer exists. Shredding the Fourth Amendment in Post-Constitutional America

Surely, it isn’t still necessary to point out at this point, a) that the Constitution is very specific as to what constitutes being a “traitor,” and if Kerry plans to hang his hat on that “aid and comfort to the enemy” business, he should explain why his own activities back in the day didn’t constitute giving “aid and comfort” to the Vietcong, because a great number of people in the government at the time certainly argued that they did, and b) that Daniel Ellsberg himself has been unswerving in his support for Snowden from the very start. Charles P. Pierce

While I pray that public awareness and debate will lead to reform, bear in mind that the policies of men change in time, and even the Constitution is subverted when the appetites of power demand it. In words from history: Let us speak no more of faith in man, but bind him down from mischief by the chains of cryptography. Edward Snowden

In refusing to hear our lawsuit the courts have overturned nearly 150 years of case law that repeatedly holds that the military has no jurisdiction over civilians. Now, a U.S. citizen charged by the government with “substantially supporting” al-Qaida, the Taliban or those in the nebulous category of “associated forces”—some of the language of Section 1021(b)(2)—is lawfully subject to extraordinary rendition on U.S. soil. And those seized and placed in military jails can be kept there until “the end of hostilities.” Chris Hedges

The corporate state, in our case, has used the law to quietly abolish the Fourth and Fifth amendments of the Constitution, which were established to protect us from unwarranted intrusion by the government into our private lives. The loss of judicial and political representation and protection, part of the corporate coup d’état, means that we have no voice and no legal protection from the abuses of power. The recent ruling supporting the National Security Agency’s spying, handed down by U.S. District Judge William H. Pauley III, is part of a very long and shameful list of judicial decisions that have repeatedly sacrificed our most cherished constitutional rights on the altar of national security since the attacks of 9/11. The courts and legislative bodies of the corporate state now routinely invert our most basic rights to justify corporate pillage and repression. They declare that massive and secret campaign donations—a form of legalized bribery—are protected speech under the First Amendment. They define corporate lobbying—under which corporations lavish funds on elected officials and write our legislation—as the people’s right to petition the government. And we can, according to new laws and legislation, be tortured or assassinated or locked up indefinitely by the military, be denied due process and be spied upon without warrants. Obsequious courtiers posing as journalists dutifully sanctify state power and amplify its falsehoods—MSNBC does this as slavishly as Fox News—while also filling our heads with the inanity of celebrity gossip and trivia. Our culture wars, which allow politicians and pundits to hyperventilate over nonsubstantive issues, mask a political system that has ceased to function. History, art, philosophy, intellectual inquiry, our past social and individual struggles for justice, the very world of ideas and culture, along with an understanding of what it means to live and participate in a functioning democracy, are thrust into black holes of forgetfulness. Chris Hedges

The Roman Republic was the the longest lasting republic in world history, surviving for approximately 450 years. While the United States has not even been a nation for that long, the U.S. Constitution is nevertheless the oldest constitution still practiced in the world today. The founding fathers studied past political experiments to find the strongest political system, and the Histories of Polybius was a major work that influenced both their thoughts and the founding of the nation that I live in today. It goes to show just how intellectually rigorous and influential some ancient historical works have been. Historians it turns out not only write about past events, but also shape our future. Polybius, Political Science, and the United States Constitution

Americans must ask: Is it prudent to retain a constitutionally guaranteed right to bear arms when it compels our judges to strike down reasonable, popularly supported gun regulations? Is it moral to inhibit in this way the power of the country’s elected representatives to provide for the public safety? Does the threat of tyranny, a legitimate 18th-century concern but an increasingly remote, fanciful possibility in the contemporary United States, trump the grisly, daily reality of gun violence? The answer to each of these questions is no. It is time to face reality. If the American people are to confront this scourge in any meaningful way, then they must change. The Constitution must change. The American people should repeal the Second Amendment. America Magazine: Repeal the Second Amendment

To begin with, it is a fool’s errand to believe that we can ascertain the intentions of the Founders on a huge raft of contemporary issues which – like radar itself, would have been completely off their screens in the pre-industrial, let alone pre-post-industrial, agrarian society in which they lived. Even the Founders themselves – the very people who wrote the document in question – began debating about what the Constitution permits immediately after ratification, notably the 1790 row between Hamilton and Madison over whether a federal bank was permitted. That particular debate – between two key authors of the Constitution a mere one year after it was ratified – suggests a second problem with the notion of constitutionalism as the foundational mechanism for policy-making. Namely, that the document is written in vague enough language in many places so as to permit multiple interpretations on given questions, each sometimes equally valid. Not for nothing, for example, is one of the key provisions of the document referred to as the “elastic clause”. The Constitution Is Just Parchment, Get Over It

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