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View Diary: The Power Of The State: Privacy Rights and Economic Rights (296 comments)

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  •  "we love it too much"? (none)
     I would argue that the reason the Constitution isn't amended more often is that people argree with it as it is...and as it is means as they feel it to mean.

     I believe that there should be a doctorine of Implied Ratification, meaning that the choice not to amend can be seen as approval. Since the amendment process has been available and not used(very often), it means that each generation implicitly ratifies those provisions that they have not changed.

     I believe this is a much more defensible position than saying "we love it too much", or as the so-called originalist would put it, "we approve of it as it was understood way back when".

     For example, if we were to ask Americans if they feel the 1st Amendment Free Seech Clause applies to the internet, a wide majority would say yes. I bet only a very small percentage would say no because the internet was not around when the 1st Amendment was ratified.

     I believe Americans expect a certain amount of elasticity of principle, and efficency of application, in the Constitution.

    "Most people would sooner die than think; in fact, they do so."

    by sebastianguy99 on Thu Nov 03, 2005 at 03:30:53 PM PST

    [ Parent ]

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