The Republicans are going to read the Constitution today. Progressives should embrace this, insofar as the WHOLE consitution, good, bad, ugly and amended are read.
What are your favorite, and least favorite, parts of the Consitution?
Lots of progressives point to the preamble...
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
...and in particular the general Welfare clause to establish that the original intent was that consitution was meant to be interpreted generally and allows for good general things not specified (like health care).
Others also like to pint out that the phrse "to form more perfect Union" implies an ongoing fluid process. They were not forming a perfect Union; it was not perfect before, nor completely perfect immediately after ratification.
However there is also mainstream constitutional thought that say the preamble is not legally binding. I don't know why.
Fortunately a search for the words "general" and "common" and "welfare" finds several other progressive, living document, mentions:
Article I - The Legislative Branch
Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
This seems a deliberate reiteration of the preamble's broad and generallist language.
Article IV - The States
Section 1 - Each State to Honor all others
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
At the absurdist level of phony literalism, in honor of cetain hateful sexist supreme court justices, it should be noted that the consitution does not mention an Air Force, only the Army and Navy (perhaps because there were no airplanes). No original intent, no original language, no amendment changing that. So clearly, existence and funding of the Air Force was not literally or originally intended by the founders and since there is no subsequent amdendment, it is clearly unconstitutional.
What should be obvious is that the original intent was that the document be interpreted in a generalist and flexible and enabling way. As a living document and not literalist. That was the original intent.
Which Republican gets to read the 3/5 clause or the fugitive slave clause?
What are your favorite, and least favorite, parts of the Consitution?
One final important point often missed by Conservatives, Libertarians, Original and Literal Intenters and Tea Party folks is that the Constition was a deliberate replacement of the the Articles of Confederation, and in effect a repudiation of the system established by the Continental Congresses and the Declaration of Independence. Hence although there is implied mention of God in the Declaration, the Constitution was written to be consciously and deliberately Godless. It deliberately made for a stronger central government, especially a stronger congress. And it deliberately invoked we the people, not the states, as the makers of the constitution and the country.
