How Random Babbling Becomes Corporate Policy (t3knomanser) wrote,
How Random Babbling Becomes Corporate Policy

On "Defending Marriage"

There seems to be some misunderstanding as to the purpose of an Amendment to the Constitution, which I think derives from a misunderstanding of the purpose of the Constitution.

Constitution (n): The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.

The Constitution defines _how the government works_. It is not a law exactly, but a framework to describe the functioning of laws, and the ability of the government to create and enforce laws.

When you amend the constitution, you're amending the rules that control the operation of government. Let's look at a few of them.

First, let's skip most of the bill of rights; they're clear limits to government power, and weren't made to a Constitution-in-use, but were made in order to be allowed to put it in use.

12- the electoral college. This amendment defines how we elect our government officials. Clearly, an important thing to define.

13- no slavery. I'd say this one kinda fits into the bill of rights. This one is sketchy, and can easily be used to attack the point I'm making, but at the same time, this is an issue of the Rights of Citizens, and hence, something that fits into the Constitution.

15- No discrimination. Again, we're talking about the rights of citizens. Note also, that all of the "Rights of Citizens" amendments have _expanded and secured_ the rights of citizens, not removed them.

16- Income tax.

17- scale of the senate.

And so on. You get the point. There is only one case where the Constitution was used to create a "law", and that was 18- Prohibition. We all see how _that_ worked out. Prohibition had nothing whatsoever to do with securing the rights of citizens, or with the limits or abilities of the government. A federal law could have accomplished the same thing.

Here's the real problem, and here's why Bushies pushing for an amendment. Courts are finding that prohibiting same-sex marriage is unconstitutional. So the Bushies want desperately to _make it_ constitutional. So they'll change the constitution, with no regard for the fact that the constitution was structured in such a way as to discourage this behavior.

Here's my proposed Amendment:
Amendments to the Constitution may only be used for these reasons:
1) To improve the clerical, organizational, or other general functioning of the government.
2) To secure and expand the rights of Citizens already enumerated.

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