Our constitution.
I am simply amazed at how people insist that the document is something it is not.
You and many others may ask why we don’t just use the constitution, the way it used to be.
But the fact is that we do. That document is actually quite simple, even though people try and make it sound complex and complicated, and it certainly is not.
There is a bunch of mumbo jumbo about how certain bodies will be formed, and more about how members of those bodies will be appointed, or elected, which is in fact the bulk of the document.
Then there are some required responsibilities of those bodies and officials. (Which too many take to mean as limiting, but are not, they simply enumerate requirements)
THEN there are the amendments, which specify certain rights which are to be protected from legislative acts.
In the midst of all that nonsense, is the actual process specified that the US government uses to enact laws.
It’s a simple and easy to understand process.
Congress passes laws of their choosing.
The president signs those laws, (or not).
The Court decides whether to agree or disagree with the laws passed by congress.
That’s it. That’s all there is to it.
Now here is the funny thing. As long as congress passes a law, the president signs it, and the court does not disagree, that law is legal and constitutional.
EVEN if that law directly contravenes a protected right enumerated or not, held by the people or states.
Case in point, the 2nd amendment, laws have been passed, and adjudicated that clearly strip the right to bear arms from citizens. Some you may agree with, others you may not. However that may be, your agreement, or opinion is NOT part of the process specified in the constitution.
Let me cite an example of a 2nd amendment contravention by legislative act, that you might agree with.
In Most states, it is illegal for a convicted felon to own or possess a dangerous weapon. Most notably, while imprisoned! That makes sense, correct?
People who are in prison for a violent felony clearly should not be armed.
But read that 2nd amendment again, now show me where it says that ONLY non convicted felons can have the right to bear arms.
You cannot, because it does NOT say that.
A LAW was passed and signed by the congress that changed the conditions under which a citizen may NOT have that right to bear arms.
ONCE we agreed that the congress has THAT authority, we opened the floodgates to ANY legislative act that can restrict ANY right we normally think of as protected. And YES, it is constitutional, because they used the fucking constitutional process to do it.
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