General Discussion
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https://www.theonion.com/no-way-to-prevent-this-says-only-nation-where-this-r-1819576527WarGamer
(18,738 posts)Constitutional Convention is the only solution.
And failing that... a dissolution of the Union.
Hey, the former Yugoslavia is a much better place today as a handful of separate nations.
AndyS
(14,559 posts)the right wing controlling so many states that's not a good idea.
Best hope is courts with moderate judges including the SCOTUS that realize the Constitution is a living document open to interpretation through the lens of current conditions.
Bucky
(55,334 posts)Will have less than a snowball's chance in hell of being ratified. Probably the only measures that could unite the nation are Congressional term limits or a balanced budget amendment. Neither proposal would do that much to fix the institutional problems in Washington.
And the balance budget amendment would either be toothless and meaningless or would cause grave damage to our fiscal health.
But I just don't see a *legal alternative.
YES, we might see a future court affirm an AWB. Won't do much to stop mass shootings or really any shootings.
But under our current Constitution, a real limit to handguns that would actually cut down on crime?
I can't imagine how it'd help.
The vast majority of guns used in crime are legally obtained with the possible exception being inner city crime.
Isn't there a time to say the marriage is "irretrievably broken"? We'd do better as separate countries.
I'm not saying be enemies, just neighbors with different laws and culture.
AndyS
(14,559 posts)WarGamer
(18,738 posts)AndyS
(14,559 posts)The solution lies in the courts to return non partisan interpretations of it's clauses and see it as a living document open to interpretation.
That whole 3/5 of a person thing really has to go, doncha' think?
WarGamer
(18,738 posts)Did I miss that one?
Not defending the rigidity of the Constitution, btw... that's just the way it is.
AndyS
(14,559 posts)embarrassing to all parties.
That said, there are at least three concepts of Constitutional interpretation that I'm aware of. Please note INTTERPRETATION.
Textualism: The words mean exactly what the words mean, no wiggle room. Sorta' like biblical literalism. Robert Bork believed there is no right to privacy because the word does not appear in the document.
Original intent: Scalia's favorite. View the document through the eyes of the founders and what they *meant*, not what they said. That's how he found a 'right to self protection with a handgun' somewhere is the 2nd.
The other is the Living Document: The founders intentionally left room for doubt and confusion about the contents of the document so that over generations the needs of society can be met by interpreting the meaning and intent of the founders in light of society's changing needs.
Regardless of what school of thought one might follow it requires INTERPRETATION by the one applying a Constitution.
Reply if you choose, I'm not pursuing this line further.
FakeNoose
(41,952 posts)We all know it's up to the Democratic Party because the GQP cannot do shit.
They will never do shit. It's up to us.

pansypoo53219
(23,099 posts)BSdetect
(9,048 posts)Paladin
(32,354 posts)"No Way To Prevent This" my ass.