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Date Posted: 13:02:53 10/31/02 Thu
Author: Kafka
Author Host/IP: gatekeeper.ngrid.com / 192.146.145.219
Subject: Re: Probably a better question to ask:
In reply to: bolagard 's message, "Probably a better question to ask:" on 01:03:09 10/31/02 Thu

I believe in a Constitution that's a living document, capable of growing without the need of formal amendment. This idea is enshrined in American Law all the way back to Marbury v. Madison, when early justice John Marshall essentially set out the idea that the court could expound the Constitution. I think that, without this convention of allowing informal Constitutional flexibility, this country would have long ago been hobbled by what is a very dated, very flawed, and potentially very rigid document. The founders were far from perfect, the same can be said of the document they made the foundation of the Republican (hell, it was a pro-slavery document). We are much more enlightened than they, and it would be a disservice to the tradition they left us for us to pretend otherwise. The world is a very different place than it was in the late 18th century, and it's only natural that we interpret the Constitution (and, by extension, the role of government) much differently than they would have.

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