NO HUMAN INVENTION, no humanly made structure, no humanly made idea in the real world is perfect, flawless and not liable to failure. And by that I mean that all of them are guaranteed to fail eventually. You can bank on that.
You will note that I stipulated "in the real world" because we have the illusion that the logical completeness that exists in mathematical proof concerning mathematical objects - which are entirely mental objects - can be matched by anything we do in the world of living beings, material objects and in the human inventions to deal with the vicissitudes of our experience in the real world we actually live in. That was one of the main and mistaken conceits of the so-called "enlightenment" which those who framed our government and more or less invented the idea of constitutions were under the sway of. Their assumptions as to the perfection of their inventions have to a dangerous extent left us at the mercy of their mistakes, their necessarily incomplete experience or ability to guess the future, and not insignificantly their moral lapses and desire for their invented government to serve their own desires for wealth and power.
If the experience since the Rehnquist Court decided the 2000 election for George W. Bush, after a clearly corrupt election in the state run by his brother as governor and clearly corrupt members of his party, the Republicans, and the consequent disasters that have come from that, the attack on 9-11, the illegal war in Iraq, the financial collapse of 2008, the elevation and election of Trump I through the corruption of the Electoral College, that reign of criminality and insane Hollywood-make believe handling of the Covid pandemic, the continuation of Bush II's wars through both the Obama and Trump I years until Biden ended at least the one in Afghanistan (under rather terrible terms set by Trump I), the botched finanical situation during Covid, THE VIOLENT INSURRECTION THAT TRUMP CALLED ON THE SITTING CONGRESS, THE FAILURE OF THE COURTS TO APPLY THE ANTI-INSURRECTION MEASURES OF THE CONSTITUTION, and all of the other things that led to the crime spree of Trump II - in which the Republican-fascists in the Senate and the Roberts Court played an enormous part, is just a partial list of how those flaws and evils written into the "more perfect union" that was claimed by those callow gods of the American enlightenment have come to bear their bad fruit.
Since the claims of natural and revealed law have figured in my recent addressing of these things, I will proclaim the obvious truth that "by their fruits you will know them" certainly applies to constitutions as well as to human beings. And this is the fruit which ours is giving now. It's time that we faced the fact that at least two of the branches of that tree are producing poisonous fruit and either we graft new scion wood into it or the thing is done for.
And if there is one thing that a real instead of a phony As Seen On TV or heard on NPR history of the U.S. Supreme Court shows, once a Court has done something like that and gotten away with it, they will do it again.
As important is a definitive abolition of the unitary executive abomination that the Roberts Court and a number of Republican Attorneys General and lesser functionaries of anti-democratic government has created and imposed on us against everything from the Declaration of Independence to the framing of the Constitution, to the certain will of the majority of American Voters since they decided to throw off the rule of just such a monarch - though one who actually had more liability than the Roberts Court has left Trump with.
Trump v USA is the Dred Scott decision we face in 2026 and which could well destroy us.
Speaking of the Voters and their Vote and THEIR GOVERNMENT, actually the government of the Voters and those who cannot Vote, THEIR VOTE SHOULD HAVE THE STATUS THAT THE OATHS OF OFFICE AND SUBSEQUENT LEGAL OBLIGATION OF ALL OFFICE HOLDERS FROM THE LOWEST ONES IN OUR SYSTEM, THOSE OF THE MEMBERS OF CONGRESS UP TO THE SUPREME gods OF THE SUPREME COURT GIVES TO THE MAKE-BELIEVE, FAIRY-TALE CONSTITUTION WHICH THE COURT MAKES SURE IS NOT A REAL THING.
The principle stated in the Declaration that only government with the express consent of the governed IS LEGITIMATE should be among the highest principles of law. That should have always been taken as binding as anything that was written into the subsequent Constitution because it is the only legitimate claim to legitimacy that any of the government that results from it has.
It should be illegal for any governmental official, office holder, judge, "justice" and right on down to the lowest member of a municipal board on the local level to deny anyone their exercise of the right to vote and to have that vote count towards the determination of who gets to govern the country. Any member of the federal government, up to and including the president and Supreme Court "justice" who even asserts, as the late and putrid Antonin Scalia (one of the architects of the unitary executive) did, that there is no right to vote should be immediately suspended because they have asserted that an illegitimate form of government can be legitimate under the Constitution. If that was the intention of those who framed the Constitution after the war started on the stated principles of the Declaration of Independence founded the country, then the government set up under it was illegitimate - WHICH IS SOMETHING THAT WE, THE PEOPLE REJECTED IN THE EXPANSION OF THE VOTE INCREASINGLY from the election of 1800, THROUGH THE 19TH AND EARLY 20TH CENTURY, CULMINATING IN THE VOTING RIGHTS ACT OF 1964 AND WHICH HAD PREVIOUSLY BEEN DONE IN 1870 AND THE 19TH AMENDMENT IN 1920.
The danger to legitimate government in the United States is increasingly voiced in Republican Party circles, explicitly through overturning those expansions of the vote as it has been in any place where white supremacy held sway and people legitimately holding the right to vote were kept from voting before those laws and amendment were enacted.
That has always been the major impediment to honest government in the United States from the time when those held in slavery, free Black People and Women and Native Americans, those without property, Catholics, etc were denied the vote. All of those except the franchise of Catholics have been promote again by Republican-fascists for years now, The advocacy of overthrowing equality and democracy is the danger to us that the old-line commie hunters claimed that something which was never any danger of being able to do that. WE KNOW THAT IT IS A DANGER TO US TODAY BECAUSE THEY HAVE SUCCESSFULLY DONE IT UNDER THE CONSTITUTION FOR MOST OF OUR HISTORY. And in many states today, as soon as the Roberts Court nullified the Voting Rights Act, they took measures to do it again.
Any Supreme Court "justice" who asserts or concurs or writes a Court decision that strips PEOPLE of their ability to vote, have their vote count and to get the representation which is the actual reason for them to have a vote should be held to be an enemy of equality and democracy and legitimate government. Stripping one who has done that from holding office isn't enough, they should get at least twenty years in prison for that because it has proven to be a danger to the lives of People going back to the first lynchings over such issues. The Roberts Court is as deadly as a lynch mob and with the same motive as the original KKK which formed to, among other things, terrorize Black People who tried to vote. They are not a legitimate Court for any kind of democracy. We are governed by an illegitimate court in the terms of the Declaration of Independence.
And it should be as much of a crime for a president or member of Congress or any state or local government to do it for the same reason.
The stupidity of our Constitutional ideology is that because some aristocratic, white men of property in the late 18th and first year of the 19th centuries who had no extensive experience of democratic government either couldn't imagine or anticipate or care about what history would soon come to teach, we are forever bound to ignore all subsequent lessons of even the hardest of experience. To some extent that is true of any written Constitution - which, despite what you have been taught to think is a fairly modern scheme of governance. The ideologies - pretenses for doing whatever they want to, really - of "originalism" and "textualism" should be abolished due to the evils that those who claim such things have done under those excuses. That should be the focus of an amendment to the written Constitution, especially since if we get rid of the Marbury power grab, it might actually become what is the highest law under which we have to live.
The First Amedment should be drastically expanded to:
a. make it clear that there is a right to tell the truth but that there is no such a thing as a "right" to lie. The Court invented "right to lie" which is fully believed in by those who either want to lie or have no real problem with lying (lawyers, for the most part) but which is among the greatest sources of danger to us. The idiot Trump and his fellow idiots who talk about abolishing the Sullivan decision - which I've been calling for doing for half a century - don't realize that if the People and groups they lie about could sue them Trump would have been sued into the flames of hell before he ever thought of mounting a presidential run or even before Hollywood lied him into the fantasy career as the CEO of an unreality TV show which led to him being inflicted on us. You can say the same about the media and think septic-tanks and other entities which have lied us into fascism..
b. make it clear that the "press" and other entities have no rights, that artificial entities cannot hold rights but may have the permission to serve the real rights of We the People to accurate and true information which we need to make informed decisions, especially when we vote. The lawyerly myth that there is any right for any artificial entity (including the Supreme Court invention of "corporate person-hood" has been one of the most dangerous things in our history, one which is masked by the sloppy, careless language of the so-called Bill of Rights.
c. I'm sure there are other things that ought to be changed about it but this is enough to be getting on with.
The Second Amendment has proven to be dangerous and needs drastic change, as well. It was written to suppress the rights of Black People and that danger has now expanded to the entire population. But because of the modern interpretation of that - MOSTLY AN INVENTION OF THE GUN INDUSTRY AND ITS LOBBY - and the likes of Antonin Scalia it is held that because of what they wrote into the Constitution in the late 18th century nothing can be done to protect us from one of the greatest dangers to life of We the People. Which is as blatant proof that our Constitution is in serious need of drastic reform that can't be put off any longer. How many more mass shootings will it take till we face the truth that we are already under attack, one with a far longer and unstopped series of attacks with a far larger body count than 9-11.
We do these things or our Constitution is failed, completely.
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