Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I'm sorry, I just don't see where you're coming from. By the most common usage of the word, most countries deemed "democratic" have some type of constitution, and many of them even have things like monarchies that are nearly impossible to abolish according to the written law--through there's a practical understanding that if the people wanted to, they could do away with these things.

On what authority was the Constitution itself established if not the will of the people? On what authority does the Constitution assert its own if not, in its own words, "we the people"?

I contend that the people of the United States could do away with the Constitution the same way they did away with the Articles of Confederation. The Constitution even gives them a mechanism: pass a Constitutional amendment that repeals every preceding amendment and article and establishes a new Constitution on top of it. Once this legal maneuver was done, no one would ever need to read the original Constitution and its authority would be moot.

In fact, if you consider the idea that the Articles of Confederation were the original constitution, the fact that they are no longer in effect today even absent a formal mechanism in the Articles to abolish them shows that the Constitution could be replaced in the same way. "We the People" somehow had the authority to establish the Constitution in 1787--on what grounds do we not have the authority to establish a new one should we see fit?



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: