U.S. Constitution

[David S]

Some people think the constitution is no longer relevant to modern American government. Others think it is of utmost importance. Whats your opinion?

[minionofmidas]

Well, as it's the key text behind the way America is governed - in one word, the constitution - obviously it's still extremely important.
However, if you compare the constitutional text with American constitutional reality, you'll notice that a large part of the text is now entirely irrelevant, and that much that would have to be considered as constitutional law is not in the Constitution, but in the US Law Code or Supreme court decisions or just established practice. (The main reason being that the Constitution is hellishly difficult to change, and can in fact only be amended - paragraphs cannot be simply struck from the text.)
In other words, the Constitution remains extremely important, but it's not equal to the US's defacto constitution.

[migrendel]

It's of extreme importance. Since it establishes the basic rules for what government may and may not do, how can it not be of importance?

[Gustaf]

I'm not sure what you mean, what Migrendel said is true.

How could it not be important?

[David S]

I'm planning to let this poll run for a while before I explain the rationale behind the question.

[CARLHAYDEN]

I'm not sure what you mean, what Migrendel said is true.

How could it not be important?

For once, migrendel said something with which I totally agree (and he managed to say it without a long winded and turgid posting)!!!

[David S]

I suppose its time to end this poll before it drifts off to the obscurity of page 2. It was a pleasant surprise to see so many people who believe the constitution is still important. For those who don't I can only tell you that the constitution defines our government, limits its power and protects our rights. Its all that stands between us and tyranny. Perhaps its time for a new poll to see if anyone is worried about laws enacted by our government which violate the constitution.

[Schmitz in 1972]

With the exception of terrible presidents such as FDR (who once bragged he'd done enough unconstitutional acts to be imprisoned for 999 years) most people believe the Constitution is important. I think the main problem enters when people call the Constitution a "living document" and forget about the original intent of the founders.

[Posterity]

My impression is that, if asked, most Americans would say the Constitution is very important...but then on election day they'll vote for ballot measures that clearly violate the Constitution and/or vote for candidates that promise things that are unconstitutional.  So I think for many people the Constitution is important in an abstract sense but not in practice.

[Platypus]

It's the difference between the progs and consts...

do you interpret it word for word, and not allow the government to do much at all or for the country to progress, or do you firmly stick to the ideals and basic meaning of the constitution, and allow for exceptions in circumstances such as world war 2?

Whilst I feel that sometimes some unconstitutional acts need to be carried out, I mena, come on, it is a few centuries old, I also feel they ought to be limited. I'm going from an aussie viewpoint here, but I feel that people who take it word for word are completely out of touch with the modern world, and the modern america.

[CARLHAYDEN]

It's the difference between the progs and consts...

do you interpret it word for word, and not allow the government to do much at all or for the country to progress, or do you firmly stick to the ideals and basic meaning of the constitution, and allow for exceptions in circumstances such as world war 2?

Whilst I feel that sometimes some unconstitutional acts need to be carried out, I mena, come on, it is a few centuries old, I also feel they ought to be limited. I'm going from an aussie viewpoint here, but I feel that people who take it word for word are completely out of touch with the modern world, and the modern america.
[/quote

One of the beauties of the Constitution of the United States is that it provides for Amendments, which have been adopted as necessary.

So, Americans, if they dislike a particulary part of the constitution can (through their elected representatives), amend that venerable document.

[David S]

Count me among those who think the constitution means what it says. Once you allow interpretations then it can mean anything or nothing, depending on who is doing the interpretation and the whole thing starts to fall apart.  If it needs to be changed then get an amendment. That's the legal way and its been done 17 times since the bill of rights was added. Here are a few of the laws which seem to me to be violations of the constitution.
Assett forfeiture (Rico Acts) Allow police to seize the property of suspected drug dealers. No trial is necessary and the victim may not even be charged with a crime, but his property is taken. Violates the 5th amendment which says no one can be deprived of life liberty or property without due process of law (ie a trial).
Campaign finance reform act prohibits unions and corporations from mentioning a candidate's name within 60 days of an election or 30 days of a primary. Violates 1st amendment.
Patriot Act allows searches with less than probable cause. Violates 4th amendment. There are many others but this should do for a start.

[A18]

With the exception of terrible presidents such as FDR (who once bragged he'd done enough unconstitutional acts to be imprisoned for 999 years) most people believe the Constitution is important. I think the main problem enters when people call the Constitution a "living document" and forget about the original intent of the founders.

Can you provide a link to that quote? Because if he said it, I need to remember it.

[DaleC76]

With the exception of terrible presidents such as FDR (who once bragged he'd done enough unconstitutional acts to be imprisoned for 999 years) most people believe the Constitution is important. I think the main problem enters when people call the Constitution a "living document" and forget about the original intent of the founders.

Can you provide a link to that quote? Because if he said it, I need to remember it.

THIS SITE (which is very anti-FDR) quotes him as saying this in 1920 and cites Blanche Cook's biography of Eleanor Roosevelt.

[A18]

Hmm... is there a more "professional" source?

[A18]

bump

Kind of hard to have done enough unconstitutional acts to be imprisoned for 999 years when you've never held a federal office in your life.

[True Federalist (진정한 연방 주의자)]

FDR was Assistant Secretary of the Navy during the entire Wilson administration.  The Secretary of the Navy at the time Josephus Daniels was a purely political hack so Roosevelt pretty much saw to the administraitive details of the Navy.  So FDR certainly had had the opportunity to perform unconstitutional acts prior to 1920.