Thursday, January 31, 2013

[Cons] Preamble

I have been challenged to come up with a better constitution, and so I shall begin to do so. I'll be going over each amendment and article, giving critiques about what is flaw and what I think can be better.

I shall start with 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."

So, the first thing I find important about this is that it is indeed THE PEOPLE of the United States coming together in this document...meaning that this nonsensical notion that states are somehow separate sovereign entities is only partially correct. That is, after the constitution, the several states surrendered their sovereignty TO the United States. Now, do I think they should be able to leave? Sure. There is nothing in the document that says that they can't but WHILE they are in the United States, States exist to serve the PEOPLE and not the other way around. Thus, when states and local geographical areas gain more power than the people IN those areas, there is something fundamentally wrong.

The articles of confederation were fundamentally flawed, and a more perfect union was needed. But what was done once, can be done again. The constitution outlines the procedure for this, but it was not created according to the articles of confederation. The constitution serves us, not the other way around. We can have a new constitution without requiring renegade states to join us in a desire to make a new one. It serves US not the other way around.

What is just about our society? Elements of humanity are treated as commodity....justice IS a commodity. If you are rich you have one legal system and if you are not, you get another...much more flawed system. Medicine, the health of its population has also been commoditized in the great Mollocian mouth of crony capitalism. The liberty they establish for their posterity was for their rich, white male property owning posterity.

Having said that, this preamble is not inherently bad. In the interest of some continuity, I honestly believe we could keep it the way it is. With one exception.

I would add this sentance, "This constitution shall serve its people, not the other way around. As soon as this document and the articles therein shall cease to uphold these principles for the majority, then a new constitution must be formed."

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