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Friday, September 21, 2018

A Time-Travelling Fantasy Back to 1787

This past Monday was Constitution Day - Sept 17, 1787 being when it was completed minus the original Bill of Rights

Ultimately each state's legislature had to decide whether to ratify it and the first 10 Amendments were added in 1791.

Most look upon the Constitution as a wonderful success judged by it creating the first democratic government in the history of the world and for the most part, this is true
It is also very faulty and we're not speaking in a liberal revisionist mindset that great men in 1787 who created it, should have based it on 2018 worldviews and beliefs

The Constitution is very interpretative which is both its strength and greatest weakness

Occasionally as an interesting mental exercise, yours truly has imagined it was possible to transport back in time to the summer of 1787 in Philadelphia as a member the delegation who ultimately worked to create the Constitution and have some power to mold/shape it different
The first and primary issue I would have addressed was slavery, specifically that the new nation was to fully rid itself of it or fully embrace it but no middle ground

No tolerating it in some states and not others, no 3/5ths compromise.. No compromises of any kind

The nation starts fresh and clean with everyone free or it accepts that blacks are not equal to whites, are slaves unless deemed individually emancipated and thus the Federal government is not empowered to make decisions on the issue

Personally I'd rather have seen 2 nations created in 1787 living side by side in peace instead of 1 where ultimately 600,000 lives needlessly die in the Civil War and 150+ years later still dealing with the bitterness, resentment and unappreciative attitudes one race toward another
This connects with the second point I would have argued at the Constitutional Convention - what exactly is the 10th Amendment?

It says basically all rights not held by the Federal government belong to the individual states but what I'd be most concerned with is the right of secession

One reason the Civil War began was because southern states felt the 10th Amendment implicitly stated they had the legal right to break free if they felt tyrannized and the northern states said that right was non-existent
So in this fantasy exercise, I would have demanded that it be as clear and specific as possible - does a state have the right to leave the Union or once it ratifies, it is there forever?   And if one can leave, what are the parameters for doing so?

It would have made things a lot clearer later on when the south seceded in 1861 (SC seceded in Dec, 1860)  because if it was allowed, Lincoln would have no legal grounds to start war and if it was not allowed, the south would have deserved all they suffered as a result

Another issue I would have brought up is regarding the Supreme Court -- What is their role - is it to make law or interpret it
The Court has a history of making law as they see fit and as long as the vocal minority is happy i.e. the ones who control the media of the time, no one sees anything wrong with it

This is why you have abominations like forced integration of the schools, legal abortion, the right of sexual deviants (gays) to "marry", etc..  All decisions the Court made on its own based on how they felt and not the law

I also would have wanted to establish what powers would the Court hold when their views, when correct were being purposely ignored
For instance, during the Civil War, that bastard  Lincoln completely ignored the Supreme Court when it declared his war was unconstitutional and that the southern states did have a legal right under the 10th to secede

Supreme Court Chief Justice Roger Taney directly challenged President Abraham Lincoln's wartime suspension of the great writ of habeas corpus, in a national constitutional showdown

The President who everyone today looks upon as some kind of American Jesus, responded by ignoring the court by saying only Congress had the power to rescind it, and then continued to do as he pleased
Of course I'd also work to make the 2nd Amendment as clear cut as possible so the modern bastards on the left have no legal ground to stand on when they keep trying to put curbs and restrictions on gun access and ownership and establish that marriage is Only between a man and woman

But figure only so much one can focus on in a Friday blog..

There's no such thing as a perfect world but it just makes us wonder how much better this nation would be if this black situation had been dealt with at the very onset of our nation's formation in a clear, decisive manner that left no ambiguities

Instead leadership always took the cowardly way out i.e. compromise
The creators of the Constitution allowed the slave trade to go on for 20 additional years - why?

Why not either end it immediately or let it go on forever?

They decided for taxation purposes a black slave was valued at 3/5th of a person

Once again, why the compromise?
If slaves are people (speaking in a 1787 point of view), you tax their slave owners as whole people.. If they are chattel much like a horse, cow or other barnyard animal, you don't tax them at all

I'll never know why southern states agreed to join the Union back then - the deck was stacked so much against them

And all this of course was followed by endless compromises and can-kicking for another 75 years until everyone involved in the creation of the new nation was dead and left to others to interpret framers' intent

Imagine that mindset when creating a will...
Ah fantasy.. 

The worst part of a fantasy like this is no matter how long or intense one thinks on such matters, it is complete fiction and nothing ultimately will get changed, especially since there is no such thing as time travel

We live in a world that has gotten more n' more rotten thanks to liberal beliefs and social-progressive ideologies

All based on an inter connective timeline of events over our history which should never had occurred if the founders of our nation had made the Constitution more specific and far less opaque