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At this point I'm seeing a pattern. Any time someone good has to be removed so that pure evil shit can take it's place, the argument almost always includes at least "is unconstitutional"
Guys, GUYS! Your constitution.... Sucks. Same as your founding fathers. The US constitution is a document that was cool a few hundred years ago, but it is heavily outdated and at this point an actual new one really wouldn't be a bad idea. Yeah yeah, the original document doesn't suck, at least not in historic context, and definitely should be kept in a museum but stop effin quoting the damn thing as it it were Gods personao commandments. Get a new constitution for the 21st century.
Your founding fathers were okay, of course, but stop treating them as if they were infallible gods. They weren't. Im sure that for their time they were super smart and their ideas revolutionary, but that was centuries ago and a lot of their ideas no longer fly.
The right to bear arms (insert joke about bear arms) was written when an arm was a musket, that would take (a) minute(s) to load a single bullet that then could barely hit a target and had the penetration power of my penis. Now we have AR15's for children who can murder double digits other children through multiple walls within double digit seconds and basically half the country thinks this is perfectly fine and quotes that two hundred year old line as the infallible reason why.
It's okay. Your constitution WAS great hundreds of years ago and yeah, your founding fathers WERE awesome. They both live two hundred years away from the situation we face today. The world changed. The US changed. Science changed. Everything changed and got updated. Your constitution got a few updates but at this point could use a rewrite. You know, something healthy to start over fresh.
Rewriting the constitution is part of their plan but I very much doubt the changes they want to make are good for anyone but them.
I mean, the big philosophical divide between liberal and conservative judges is usually whether or not the constitution is a "living" document. That is, whether it can be interpreted through a modern lens, or if laws must be strictly limited by what is exactly written in the document.
I would argue that it's easily the former, since, one, they explicitly allow amendments to the Constitution, and, two, there is a session of the Bill of Rights where they basically say, "we can't possibly list all the rights that people are entitled to. This list is by no means comprehensive, and just because something isn't in here, it doesn't mean we've left it out on purpose."
I agree that the constitution is very flawed, and that we would probably be better off without it, but one thing they were very clear on: no kings. The Trump immunity ruling was not only legal nonsense, it was clearly not an originalist interpretation (what the conservatives claim to be.)
When you take into account all of the rulings that this current court has made, it's quite clear that they just start with the conclusion that they want, and reason backwards to get the justification. Once you're at that point, I'm not sure that it really matters what your legal system is based on; they're just doing make-em-ups anyway.
Ok your rant over? Good. If it was rewritten today it would be civilization ending levels of disaster. And you know what? OSHA is constitutional.
Tons of the reasons given for why congress can do things don’t really make sense, like civil rights amendments were defended with the reasoning that congress can regulate interstate commerce, and segregation affects interstate commerce. IMO that doesn’t make sense, but everyone goes along with it because these regulations are obviously good. If we had a good constitution, we wouldn’t need to make these weird excuses to do things that are clearly necessary for the public wellbeing, but unfortunately we don’t, so we have to make do and have any decision we make be randomly struck down by the courts when they decide they don’t like it anymore.