Manning345 wrote:
Of course you didn't read carefully what I wrote, which is to be expected. The main idea on change is to be prudent and mindful of the consequences of changes, and to use small scale programs to test out changes before fostering it on the full public if possible. There are such things as unintended consequences of changes that need to be thought through or discovered before implementing them fully.
Au contraire ... I read it quite carefully. And there are indeed unintended consequences to any legislation. Pilot programs are a good thing most of the time.
Manning345 wrote:
One must be extremely prudent when deciding that some custom, tradition or institution is unworkable or outdated: one question on that is: unworkable for whom, or outdated by whom? Is it to further conservative philosophy and modernize it in some manner, or is it to introduce radical ideas from the left? Most customs, traditions and institutions represent the historical wisdom of many bright people, which obligates the changer to be mindful of not erasing that wisdom arbitrarily and without understanding the rationales involved, or the unintended consequences that may arise.
One must be extremely prudent when deciding that s... (
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When you ask those questions, unfortunately, in most instances, the money wins. The corporate ethos of profit over all leads, for example, to allowing wage discrimination, destroying minimum wage and allowing unsafe working conditions. If you invoke historical wisdom, that invariably leads back to patriarchal systems that have been responsible for more wars and bloodshed throughout history than I can enumerate. Keeping most of that 'historical wisdom' perpetuates oppression of minorities and women, while enriching those at the top of the heap. Is that what you want?
Manning345 wrote:
Change is indeed necessary when failure occurs, but again, one should be prudent with the fixes and stay within the philosophy of conservatism in the process. Change is available for the Constitution, but it was made difficult to do so deliberately, since the founders were quite concerned about willy-nilly liberal or other flawed ideas creeping into play, such as abortion.
Since you brought up the abortion issue, I would pose the following questions:
1.) Is forcing a woman to carry to term a violation of not only her body, but her civil rights?
2.) The criteria for determining when life begins is a religious concept, not a legal one. Can you give a scientific point at which a human life begins?
3.) Supposing that you succeed in forcing the woman to carry to term, and she can't afford to support the child. Is this morally right, considering that the child will probably wind up either in adoption or foster care? Would you support the government in taking the responsibility for that child, since the woman can't? It would seem that conservatives will go to the wall to force the birth, but totally absolve themselves from any responsibility regarding the child after it is born?
4.) If the child is identified as having a serious birth defect and will require intensive round-the-clock care, is there a legitimate reason for forcing the woman to carry to term? The cost of that child will ultimately bankrupt the family and affect them for their entire lives if they have to shoulder that responsibility.
Manning345 wrote:
It seems to be a liberal idea to legislate out all biases and prejudices at the federal level, instead of using the corrective mechanisms available, for instance, via the church, local law and plain old common sense. For many of the prejudices, the Constitution provided for equality of opportunity and equality before the law for all citizens, and it was left to the states or the people to put in place additional complementary laws or customs, etc. that carry out the fundamental Constitutional laws. That these added laws were either imperfect, not made or not fulfilled is not necessarily or not only the fault of conservatives.
It seems to be a liberal idea to legislate out all... (
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Using the "church, local law, and plain old common sense" would have kept segregation in the south even to this day, had the federal government not stepped in. Those same mechanisms would have kept the LGBTQ community suppressed forever if they had their way. The states have proven unable in most instances to prevent discrimination at the state level, and only federal law has prevented massive discriminatory practices. The Constitution never provided for equality of opportunity or equality before the law ... that was the Declaration of Independence, which carries no legal weight. It is the fault of both parties that that the laws passed didn't entirely fill the purpose for which they were intended.
Manning345 wrote:
There are cases where federal law is the right way to go, even the only way to go, and it should be legislated (not decreed) with great care.
There was no provision for equality of outcomes in the Constitution, therefore that is an unconstitutional idea.
Equality of outcomes? Nobody has ever said that life is fair, nor is any political system. Congress has in many instances passed legislation to improve the lot of one special interest group over another, and done the same over time to suppress minority groups or movements, none of which is 'fair'. "Might is right, and justice is the interest of the stronger."
Manning345 wrote:
For the Supremes to create new law was not intended; that is the role of the legislature. Thus, judicial activism is unconstitutional. That it has been used actively to effect social changes thought beneficial and expedient by five or more black robes is a fact, but it is not constitutional in my opinion.
Here we get into 'original intent' versus the 'living document' treatment of the Constitution. I think that you would have to agree that our society and country has radically changed from 1789. The Constitution never envisioned such things as social media, instant news updates, and political propaganda on a major scale. Neither did the Constitution envision such a thing as a right to privacy, a woman's right to choose, or same-sex marriage. These are social changes that much of the country has supported, and the "5 black robes" have interpreted the Constitution as covering. I think that you would also agree that the Congress would never be able to pass legislation that would cover these topics. Were it not for the 'judicial activism' that you refer to, the country would still be mired in neo-Victorian structures that would have kept much of the progress that this country has made from happening. As to judicial activism, I would have to classify the 'Citizen's United' decision as such a thing, since it overturned all pretense of money buying elections.
OK, I've had my say ..... continue the discussion. Prove me wrong with fact, not beliefs.