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Is It Time to Ditch the U.S. Constitution?

A law professor at Georgetown University thinks so. What do you think?

 

Luis Michael Seidman, a professor of constitutional law at Georgetown University, wrote an op-ed for the New York Times on the last day of 2012 suggesting it was time for the U.S. Constitution to go.

In his op-ed, Sneidman blames the U.S. Constitution for many of our present day problems.

"As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit; our insistence on obedience to the Constitution, with all its archaic idiosyncratic and downright evil provisions," Seidman wrote.

The Constitution, however, set up a way to make changes — through the amendment process. Following the tragedy at Sandy Hook Elementary School late last year, however, the Second Amendment is one that has come sharply into focus as gun control is hotly debated.

What do you think? Is it time for the U.S. to consider a new constitution in keeping with more current issues — or would that defeat the whole purpose of exactly why the U.S. Constitution was set up in the first place?

Related Topics: US Constitution

jim armstrong

10:50 am on Monday, February 4, 2013

seidman needs to find a country that more suits him, one that changes its constitution everytime he doesn't like it, like some of the african/south american/asian countries. We have forged our country, supposedly based on the concepts of our constitution. 'Ditching' sure would cause the destruction of our country, something the democraps are hell bent on progressing. You see pal, the very part that allows you to put out dribble that you write about, protects you from the government. Please resign your high faluting self proclaimed self rightousness and move to say....Borneo or some other 8th world countries and see how far your dribble carries you. shame on you too

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Dave Norling

1:05 pm on Tuesday, February 5, 2013

I agree! The U.S.A. is the greatest country in the world because of our Constitution written over 200 years ago. Send Seidman and any other unpatriotic complainers to change another country's constitution to suit them.

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Indep Ga Mom

3:05 pm on Tuesday, February 5, 2013

what a freaking jerk idiot. he's lost. there are plenty of such failed countries he can enjoy himself in. ship his keister off to one of them. take his pick.

Everyman

1:20 pm on Monday, February 4, 2013

Nothing lasts forever. That includes the Constitution, the Bible and any other invention of man. One of the clearest examples is the current state of government where companies have been given all the rights of people without any of those nagging responsibilities that serve to keep the individual citizen in check. Do you really believe this was the original plan? The one man/one vote system no longer works since individuals can't bribe lawmakers nearly as effectively as individual citizens with the notable exception of the rising number of billionaires now taking over the planets resources.

Ever single right we were guaranteed within' the constitution has now been circumvented by corporate greed and power. Yes, it is time for a do-over.

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Joel Hitt

3:29 pm on Monday, February 4, 2013

"Flag as refreshing perspective!" Thank you for these comments on corporate greed. It reminds me of how impressed I was when Ecuador wrote another constitution and passed it in 2010 (?). In it they specified that nature has standing in the eyes of the law. Specificially, that nature has the right to "exist, persist, and to evolve." I thought, wow! That's what we need to fight back against the abuse of natural resources, the addition of billions of pounds of pesticides to our environment annual in this country alone, and so on. -- Joel Hitt, Clayton GA

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Marie

10:40 pm on Monday, February 4, 2013

Yes, the Bible and God and God's laws last forever. If you deny them you will destroy yourself and others as well as our country. The Constitution of the United States says that our inaliable rights come from God. Without that phrase you would have to conclude that our inaliable right come from the Government...and are not the inherent rights of every human being. If the Government is what gives us our rights then it also can take away our rights...which it is now trying to do. Our system no longer works because judges declare corporations to be people and allows corporations, special interest groups, & lobbyists to give money to politicians. If the government gave every qualified person running for government office a limited about of money & those people could not use their own money or that of any corporation, special interest group, or lobbyist for their campaign for office then we would have a level playing field. The votes would count & the those in office would be less likely to sell their souls for money & vote according to the way that those with money pay them to vote. They would be more likely to vote the will of the people.

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Glenn

8:07 am on Tuesday, February 5, 2013

Hummm! A good bit of class envy/warfare and liberal whining. Typical.

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r patton

11:27 am on Tuesday, February 5, 2013

Nothing lasts forever Everyman, I am willing to bet the Constituton, the Bible etc will be around for centuries after you turn into worm food.

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Steve Burns

1:44 pm on Monday, February 4, 2013

The Constitution basically is a good framework, such as the separation of government powers. However, it was enacted more than 200 years ago, when the world was a far different place, and the amendment process is not always enough to keep up. Is it too much to suggest that amendments be put out to public vote, such as propositions in the state of California?

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Joe Cley

3:34 pm on Monday, February 4, 2013

Mr. Burns, except for the complexity of all our toys, the world is not far different now, because people, with their lusts and weaknesses, are still very much the same, and still need to be restrained from damaging or tyrannizing each other.

And your idea that amendment be put to a popular vote is precisely what the founders protected us against - mob rule by a straight democracy. That is why we have a republic, to to protect the little guy, the individual, from the majority. The corrupt Democrat-party mob in California is racing the criminal Democrat-party machine in Illinois to see which state can destroy itself first - and I'm betting on California. They are a terrible example of how to govern. You need to go back and read some history. The founders of this country, were brilliant, highly educated, experienced, and wise. We discard their beautiful work at our great peril.

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Karsten Torch

10:26 am on Tuesday, February 5, 2013

Joe, thank you, exactly what I was going to say....

Nathan Horton

2:21 pm on Monday, February 4, 2013

The absurd notion that the problems in America are caused by the Constitution are plain ignorant. If we want to return this country to its former glory, we should examine how we can better adhere to it instead.

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Joe Cley

3:24 pm on Monday, February 4, 2013

Seidman is not only a looneytunes, he's got his facts wrong. We are not insisting on adherence to the Constitution - and that's the problem. If we actually were adhering to it, 9/10ths of the federal government would simply not exist today. And, we would be a much freer, more highly civilized and prosperous nation.

Mr Horton has it exactly right.

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RL

3:48 pm on Monday, February 4, 2013

We are a nation of law.
There is no better law than the Constitution.
You folks that want to change it are too lazy to abide by it.

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Jimmy Wilbanks

3:58 pm on Monday, February 4, 2013

Every law, every federal department or agency or every federal action, not provided for in the Constitution has no foundation and is totally illegal in the United States of America.

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Tim

4:08 pm on Monday, February 4, 2013

Typical LIberalist/Socialist Mentality

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David Titchenal

5:14 pm on Monday, February 4, 2013

The Constitution does not give you rights. Your rights are given to you by your Creator. You were born with them. The Constitution exists to limit government. Its purpose is to help you keep your rights. They are not guaranteed except by the blood of patriots. But the true nature of the universe is entropy. All material systems begin with order and move inexorably to disorder. Whether biologic or inanimate, everything dissolves. Everything disintegrates. But human thought is not a material system. Thought does not have to entropy. The ideals and principles brought forth in our founding documents are capable of standing forever. They need not be allowed to disintegrate. They can be protected and projected into the future by those of us who are willing to guard them and to teach them to each new generation. The Constitution was perfectly placed between Tyranny and Anarchy. Just enough rule to control government. Just enough freedom to avoid chaos. I think I will fight an die, if necessary, to keep it.

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Tammy Osier

5:35 pm on Monday, February 4, 2013

JC said:
"And your idea that amendment be put to a popular vote is precisely what the founders protected us against - mob rule by a straight democracy. That is why we have a republic, to to protect the little guy, the individual, from the majority."
I've always like this example: What if the majority ruled that we go back to slavery? Would it be ok because the majority ruled it? The more separate our powers remain, the better off we are.

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Jimmy Orr

5:40 pm on Monday, February 4, 2013

Mr. Mayor, as the young folks would say: "You're right on." Every foundation must rest on solid bedrock so the structure that rises from it will withstand the test of time. The structure I surmise Mr. Mayor is speaking of is the United States of American. The Constitution of the United States of America is the solid bedrock upon which that structure rests.

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George Wilson

6:18 pm on Monday, February 4, 2013

Here is what Thomas Jefferson had to say about the constitution. From a letter 1816 to Samuel Kercheval: "Some men look at constitutions with sanctimonious reverence, and deem them like the Ark of the Covenant, too sacred to be touched. They ascribe to the men of the preceding age wisdom more than human, and suppose what they did beyond amendment. I knew that age well; I belonged to it, and labored with it....But I also know that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times." I would suggest that the "new discoveries" Jefferson talks about in his letter could be weapons that kill large groups of people quickly like assault rifles with large bullet clips. Maybe the constitution needs to be modified ,if we have put up with these high gun/ murder rates. It could be the Supreme court decision to treat corporation as "people". or to allow corporations to give unlimited funds to political candidates. It could be the poorly designed election system that keeps or discourages people from voting. It could be the undemocratic gerrymandering of districts that takes away the representation of a "Republic" form of government.

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Marie

10:51 pm on Monday, February 4, 2013

George Wilson
Abraham Lincoln stated "Politicians are in general less honest than the average person. I can say that without offending anybody because I am a politician myself!"
One of the main reasons why we continue to have dishonest and corrupt politicians is because we as a people ourselves do not strive to become righteous people through God. We as a people have abandoned morality and virtue and seek the depraved and immoral in life. A past president also stated "This government is made for a religious and moral people. It is ineffective for any other." If the people in this country sought to be a religious and moral people and had high ideals...they would not accept, vote for, or tolerate politicians who do not do the same. Because the people themselves see nothing wrong with immorality, corruption, and no ideals at all...they tolerate them in politicians as well...and say that it is just a part of politics and doing business. In fact, they seek to take advantage of the corruption of politicians and seek to engage them in more of it! Until we refuse to tolerate, vote for, and abide by corrupt, immoral, dishonest politicians...and continue to vote "for the lesser of two evils" nothing will improve.

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Marie

11:05 pm on Monday, February 4, 2013

One reason why the statement of a prior president who stated "This government is made for a religious and moral people. It is not effective for any other." is correct is because no matter how many laws a government makes, it cannot have effective control of the people. People must be self-motivated to do good instead of evil, seek truth instead of dishonesty & corruption, and practice good will instead of malice. These things come from being a religious and moral people...and is something that the government cannot create no matter how many laws and prisons and corretion programs it creates. This country became a place of high ideals because every single one of the signers of the Constitution regarded a faith in God and our rights from God to be important...as well as the ideals of being a virtuous, righteous person. Withdraw that from society and you withdraw all that is good from society. Remove the Constitution...and you are condoning murder, stealing, giving false witness against others, sexual immorality, respect for parents, and all of the foundations of the family which is the bedrock of our society...and who is going downhill because of the destruction of the family.

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Marie

11:08 pm on Monday, February 4, 2013

The people must be self governing because all of the laws our government has created and all of the prisons, and programs to rehabilitate people will never be able to govern the people of our country...we must have a religious and moral people who are self governing. When people follow the law of God, there is no need for governmental laws because the people govern their own conduct and do not break God's laws....which were the basis of the laws of our country.

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Racer X

8:57 am on Tuesday, February 5, 2013

George-
You worry about assault rifles and high murder rates as a basis for changing our Constitution. Why do you ignore that 50% of the murders committed in this country are perpetrated by a certain 12.9% of our population? The biggest tragedy in this being that 90% of this group's victims are within the very same 12.9%. Though an unpopular subject, it still seems like a much bigger problem. If the 12.9% group only committed 12.9% of the murders, there would be an instant drop of nearly 30% in murders in the US.
As far as "new discoveries" go, yes, we had no assault rifles in those times but, then again, the bad guys didn't have them either. You are very naive for a man of your years.

Good Grief Y'all

7:21 pm on Monday, February 4, 2013

No to ditching it and starting over. Good heavens, there would never be enough agreement to even get started. Yes, to amending what needs to be and having the courage to do it.

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JK

8:41 pm on Monday, February 4, 2013

Keep the Constitution, ditch the greedy politicians

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Tammy Osier

9:18 pm on Monday, February 4, 2013

JK you're right. It's not the constitution that's flawed, it's men in power. That's why the constitution is so valuable- it's concept of the separation of powers is like none other. It's keeps corruption from corrupting absolutely. That is, unless we don't hold them accountable. All it takes is one man in power bypassing congress among other things that are unconstitutional, getting away with it and doing it again and again until it become the norm. that's why we have such a schism in our country right now. many are fighting to preserve it and open people's eyes, and the other half doesn't want to see because they profit from it or have bought into politicians deceptive words. It's a tough place to be, but hopefully there are still good men who won't give up and will continue to take a stand for what's right.

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Racer X

9:03 am on Tuesday, February 5, 2013

Good point Ms. Osier. The problem is that Government has become so large and complicated, holding them accountable is becoming impossible. It is far easier now, due to the complexity of modern issues, for the Government to divide the majority and do as they please. The 15% at the far Right and the 15% at the far Left keep the 70% of those of us who could likely agree on most issues divided, all so Congress AND the President can be in their little club.

Marc

9:07 am on Tuesday, February 5, 2013

What a great idea. Lets just dump the very thing tens of thousands of our soldiers have died to protect. The very thing tens of thousands of people from foreign lands have moved here for and millions of others wish they could. The very thing that protects the fool who wishes this to happen. What needs to be done instead is for America to wake up and quit putting people in office who stomp all over it to push their own agendas.

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Chris P

9:08 am on Tuesday, February 5, 2013

Rather than ignore the Constitution perhaps our politicians (especially the President) should try something novel such as adhering to it.

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r patton

11:25 am on Tuesday, February 5, 2013

Chris, as good as that would be, you know the King doesn't do anything except what he wants to do.

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Chris P

11:52 am on Tuesday, February 5, 2013

Since we have a "President" not a "King" we can, in theory, impeach this president. As I said in response to another commenter, this only emphasizes why need to support the Second Amendment!!!

Karsten Torch

11:12 am on Tuesday, February 5, 2013

Chris P - not going to happen, too inconvienient, and no power grabs available if you adhere too closely to it.

The Consititution is just about perfect. It accounts for the inherent problems with people and a large government. Democracy is not ideal, and we were not set up that way. In fact, we've gotten too democratic as it is.

The Constitution is set up to limit government, and government's influence in our lives. It says very little about what the Federal government can do, but a lot about what states can do, and even includes the admonishment about if something is not specifically granted to the federal government, then that right belongs to the states, or the people.

The Constitution is only outdated and needs to be updated for those that love government, and the bigger the better. The opportunity to meddle more and more in our lives, restrict our freedoms, and try to take care of us. In other words, make us dependant on government, thereby growing the government even more. We're already almost there, what with roughly 47% of the country paying no income taxes. Once that number increases over 51%, our country is lost. And that number is increasing in spite of our Constitution, not with the help of it.

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Chris P

11:25 am on Tuesday, February 5, 2013

Well articulated Karsten. This only emphasizes the need for the Second Amendment!!

Cathy Gillespie

11:22 am on Tuesday, February 5, 2013

Check out these awesome young people who believe in the Constitution: http://www.youtube.com/watch?v=xF2Zp3pTrSw Please let the students in your life know about our We The People 9.17 Contest - entries due July 4th!

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r patton

11:23 am on Tuesday, February 5, 2013

Seems to me we have two types responding here, Communists and Patriotic United States Citizens.

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Karsten Torch

11:56 am on Tuesday, February 5, 2013

What I do find interesting is that those that think the Constitution isn't doing what it's supposed to do anymore because it's behind the times are the same that want it to be doing something different than what it was designed to do - namely, protect us from our government. It's the same group that says a free market doesn't work, as evidenced by what we have now, with our downturns and such, even though that same overbearing government has never allowed us to have a truly free market economy.

The rest of us can kind of see where the failures came from, and pinpoint, usually, the government program that caused the failure in the first place.....

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Racer X

12:30 pm on Tuesday, February 5, 2013

I can't believe that we, citizens (presumably) of the United States, are even having this discussion. All I see when I read of people wanting to get rid of our Constitution are traitors. Why not just burn our flag while you're at it.
Seidman is an over-"educated" dolt.

Nathan Horton

12:00 pm on Tuesday, February 5, 2013

Please see my blog post in the Lawrenceville Patch Titled: "Bring Back the Constitution: http://lawrenceville-ga.patch.com/blog_posts/bring-back-the-constitution

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c

12:14 pm on Tuesday, February 5, 2013

The only problem with the Constitution is that it is no longer enforced. The Constitution was fine until FDR took all the wind out of it by threatening the Supreme Court. I think we need to save the Constitution by adding an amendment limiting the number of Supreme Court Justices so that no President can do what FDR did ever again and the Supreme Court can get back to the business of deciding on Constitutionalism instead of deciding on popularity.

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Jared Kline

5:59 am on Wednesday, February 6, 2013

The Constitution is more than a legal document. We, as Americans, do not have our rights because the Constitution gives them to us. The Constitution recognises our rights, it does not grant them. The rights are ours as Americans, and the Constitution was meant to warn government officials of their limits. These limits are natural for America, and to try to do away with them in favour of fascism, communism, Marxism, socialism, capitalism, or any other "ism" is just plain wrong for America, and if "we the people" accept the idea that an elite group in a distant national capitol can change this, then "we the people" will deserve what we get.

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Tammy Osier

6:31 am on Wednesday, February 6, 2013

Jared Kline, it also protects those rights. When the federal government begins creating anything, it has overstepped its bounds.

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Good Grief Y'all

9:34 am on Thursday, February 7, 2013

The Constitution is a living document. Early on, leaders recognized the need to adapt it to change and correct what was left out, and it was amended with the 1st and then the most revered 2nd. So, it was not perfect in the beginning, and it is not perfect now, which explains all the arguing over it.

So many experts, so little time, engaging in an exercise in futility.

The Constitution is not going to be replaced. It would be nearly impossible to even amend it for any reason, taking years, decades maybe.

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