Modern political policies focus too much on aligning with a Constitution more than two centuries old. For each new piece of legislation or court ruling, this aged document is the definitive know-all of legality. In fact, an entire branch of our government is devoted to interpreting the Constitution and determining if a particular case violates the Framers' intentions. What did elitist colonists know about 21st century government anyway?
I am not arguing that the Constitution should be ignored or that Founding Fathers did not have a well-formulated plan for U.S. government. I am merely pointing out that we at times lose sight of what is best for the nation when trying to coincide with Constitution specifics.
Take for example selective incorporation. Many original signers of the Constitution insisted that a Bill of Rights be included. Unfortunately the document only guaranteed these rights at the national level. It took nearly 100 years with the ratification of the 14th amendment for states to acknowledge them. Even then, each had to be individually incorporated on a case-by-case basis in the Supreme Court. Don't you think that what was promised by the federal government should have been equally accepted in its underlying states from the start? Even though the Constitution fails to explicitly state it, the government should have figured this one out much earlier.
Similarly, Congress cited its authority to regulate commerce as a means to curb racial discrimination in private businesses. Isn't this somewhat convoluted? Shouldn't voters' opinions determine racial equality? Why can't the legislators, who have been chosen by the populace, make these kind of decisions without delving into some complicated explanation? As our society continues to evolve, Congress must have the power to make necessary changes unforeseen by the Constitution's original authors.
A prime example of this is the controversy around abortion and stem-cell research. How can our court attempt to reference an 18th century document for insight on the legality of such practices? As new technology is developed, regulation should be in the hands of America's voters, not those of long-dead colonists.
The Constitution is a rock-solid foundation for American principles and ideals. The government must continue to support the freedoms and natural rights laid out over 200 years ago, but it must not let this political groundwork cloud reality. Day after day our nation must adapt to new situations and not be afraid to define government policies in-line with the modern era.
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2 comments:
When I began reading this post, I was noting points on which I disagree. Having such a powerful opening line, with which I whole heartedly disagree I read with the assumption that I would disagree with the point. Then I got to paragraph two, and while I find that we do loose site of what is important, I believe it is the unavoidable allure of power which interfere and not the constitution. It is the political conflict which makes the government slower than perhaps it should be.
While a behemoth bureaucracy such as our federal government will never be what one might call nimble, it could certainly use a dose of efficiency. With that, the essence of this editorial (if I might be so presumptuous), I most definitely agree. I think this is a ballsy, out of the box way to think about things. I think it is far easier to say this is problem with no solution and it requires courage to ask the question this begs. If there was a way to solve our slow to progress government’s lack of social dexterity, what would it be?
I think your ideas here are not thoroughly thought out, but I am always impressed with people who think about things outside their normal boundaries.
Excellent information, I like your post.
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