Since the Constitution often conflicts with the democratically voiced will of the population?

Question

Shouldn't we just get rid of it? Or should we just continue to ignore it until its convenient to get a few cheers by talking about rights?

Answer 1

how does the constitution "often conflicts with the democratically voiced will of the population"

never does the constitution conflict with what we say...

but often what we say may conflict with the constitution...

Answer 2

If the democratically voiced will of the population can amend the constitution then so be it. If you want to just ignore our constitution then we may as well resurrect Saddam Hussein and put him in charge of things because you are proposing to do what tyrants have always done - ignore the laws of the land.

EDIT: Holy Defender of the Republic - please show me the declaration of war by congress.

Answer 3

The people you mention are able to change the Constituion at any time by persuading the people they elected to represent them do do so. The process is clear.

Answer 4

Wikipedia is not an accurate source of information.  Why not one may ask..... Well, because the same people who answer questions on "Yahoo! Answers" can put their own twist on a subject in Wikipedia.  It is not a source from renowned experts, it is a source of who learned what in high school.

Now with that out of the way, we can disagree with things in the Constitution... however the basic foundation is still agreed upon by the majority.  When one disagrees then a bill is introduced and if enough other people agree with the disagreement, then an ammendment to the Constitution is voted on.... passed, and then if the President OK's that  then it becomes part of the laws that all other laws are based on.

Everyone has rights, can you imagine how many people would be banging down your door right now if they saw that question you posted, and you did NOT have rights?  I can.

Answer 5

This country was formed as a republic..why do people continue to call it democracy?

I believe in the constitution in its original intent

Answer 6

the founding father's knew what they were talking about, however  some to the far far right, the Charlton Heston types will insist that the constitution was not intended to be amended.

Answer 7

This nation was founded as a REPRESENTATIVE REPUBLIC. The last thing those who drew up the Constitution wanted was for the government to be subjected to the ever changing "will of the people". They had a justifiable fear of complete democracy and set up insulating layers to insure stability.

Unfortunately, the Constitution and Bill of Rights is ignored on a regular basis by the Executive, Legislative, and Judicial branches. One day the voters of this nation will become smart enough to elect people who have at least READ those documents.

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Answer 8

Democracies always degenerate into mob 50.01% rule--law or no law.  The Founders of this great Nation knew this--they where far more educated than the average person of today.  And as a consequence founded a republic that had a great deal of popular input but avoided the dangers of mod rule as best as could be while still being in the main representative of the People of the Nation.  

Don't you understand that without a set of rules that contains the whim of the mob--which is just as ignorant as it was in the time of Athens--they can vote for just about anything as the emotional need arises.  You could be voted into being a non-Citizen if 50.01% agreed that you should be.  The State of Oregon could be sold to the Russians by the same process.  Free speech could be abolished for anyone that was not a Catholic.  And the examples go on and on........

The rule of Law is about making it impossible for the mob to just do as they please, when they please, how they please.  It provides safe guards for the rights of those the disagree and dissent.  Is it perfect? No, but no human endevour will be so, get over it.  It is however the best experiment that humans have ever conducted in Political science, and I think that we should go back more to the roots of the Ideal than allow ourselves to slip into the madness that characterizes all pure democracies thoughtout time.

Study the Athenian Democracy and you will find out why what you propose is madness.  In Athens any absurd whim could become law merely by swaying 50.01% of the masses.  DO you want the advertisers swaying people to vote to outlaw their competitors toothpaste?

Answer 9

It takes 2/3 of the country in the form of states to change or eliminate it,  we are at war and rights can legally be suspended during war time.