I think that's a little bit unfair, in that it's not like you'll find anything that's much better. All the infringements that have been made are not made because of flaws in the Constitution so much as because of people arguing and misinterpreting it in bad faith. I worry that to make it more explicit would just create a different host of problems, too, in that the more explicit something becomes, the fewer situations it can cover (generally speaking).
So yes, the Constitution was "powerless," but only in the sense that it was not obeyed. It's not like you could solve that problem unless you could actually endow the paper itself with sentience, purpose, and the literal, physical power to enforce itself. It's easy to say that it's not fit to exist, but what's the better version?
Lincoln did what he had to do to preserve the union. But he laid the groundwork for tyranny by dramatically increasing federal power. Maybe it was inevitable?
Frankly, the groundwork was laid far earlier than that when Jefferson didn't dismantle the Supreme Court once the Court essentially decided that it was superior to the other branches of Government with Marbury V Madison. The 14th amendment stripping states of autonomy was the framework for our long slide downhill that was built upon that foundation.
Therein lies the problem . The Founders knew the devious nature of humans and that is why the original intent of the Founders is key. They believed the best government was the one closest to the people . They believed in State's rights.
I think that's a little bit unfair, in that it's not like you'll find anything that's much better. All the infringements that have been made are not made because of flaws in the Constitution so much as because of people arguing and misinterpreting it in bad faith. I worry that to make it more explicit would just create a different host of problems, too, in that the more explicit something becomes, the fewer situations it can cover (generally speaking).
So yes, the Constitution was "powerless," but only in the sense that it was not obeyed. It's not like you could solve that problem unless you could actually endow the paper itself with sentience, purpose, and the literal, physical power to enforce itself. It's easy to say that it's not fit to exist, but what's the better version?
Lincoln did what he had to do to preserve the union. But he laid the groundwork for tyranny by dramatically increasing federal power. Maybe it was inevitable?
Frankly, the groundwork was laid far earlier than that when Jefferson didn't dismantle the Supreme Court once the Court essentially decided that it was superior to the other branches of Government with Marbury V Madison. The 14th amendment stripping states of autonomy was the framework for our long slide downhill that was built upon that foundation.
Therein lies the problem . The Founders knew the devious nature of humans and that is why the original intent of the Founders is key. They believed the best government was the one closest to the people . They believed in State's rights.