Originally posted by: LiveFreeNW
I think the executive has gained way more power than many of the Framers anticipated. Some such as Hamilton probably wanted it.
Many of the ant-federalists warned about this happening.
I think that not only has the Executive Branch usurped power never intended but the Federal Government has done so as well.
Read Article 1 section 8 and ask yourself how much of what the federal government does falls inside or outside of that list.
As to how this could be fixed? I don't know.
Thomas Jefferson in a letter about the Shays rebellion remarked that a similar rebellion ought to happen at least once every 20 years or so. That's when he came up with his quote about the tree of Liberty being refreshed from time to time.
A year later in a letter to James Madison, Jefferson remarked that every constitution and every law ought to expire after about 20 years. Jefferson felt that no current generation has the right to put laws or debts onto the next generation. Reasoning that the Earth belongs to the living generation.
I think The Constitution needs several amendments. Probably more than would realistically pass. Also I fear the results of a Constitutional Convention.
I think that if a convention were held today nearly all semblance of state independence would be removed and most power within the federal government would be concentrated with the executive and the president. We would end up with some sort of constitutional monarchy.
Which specific amendments would you propose? Term limits (yay), balanced budget ( absolutely), government spending limitations ( no shit)? Though 20 states have passed a resolution to potentially enact a Convention of States as outlined in the Constitution as an alternative amendment process, they'd need 34 states to convene and apply to Congress followed by ratification from 38 states ( three-fourths of the total) for any proposed amendments. That's an astronomical limitation in that the great grand majority of the current 20 supporting states are generally conservative entities that basically want to limit government overeach and power. It's appealing from where I personally sit but I don't think there's enough additional resource numbers on this side to ever realistically accomplish it in the flesh ( at least under the present conditions). I think that's reality and that any amendments will just have to be enacted the old fashioned way by Congress. Vote, scream, piss, moan, denigrate, argue, deflect, and elect et al by majority...all on TV no less.
Further the Constitution does not outline a defined process for procedures and rules for this Convention of States alternative amendment issue. Those would need to be created and legislated which would necessarily lead to further dissension and conflict ( which we may not in fact need currently).
I say we all watch Gunsmoke and football in season; or employ alternate forms of distraction from the historical divide. Maybe throw in a Vegas trip now and then just to escape?