What could they have done differently?

In no way could they have foreseen how big the country would get or how litigious society would become. It’s a Constitution, not a set of statutes, it’s not the function of the document to establish the complete organization/mechanisms of the government.

Similar to the executive branch, the Constitution doesn’t establish the executive departments. It allows congress to do so according to the needs of the country at the time. The judiciary was no difference.

As with most things in this arena, blame congress. They are the body who has created the federal bench, and they are the ones who chose not to rein it in.

This post was edited on 1/4/19 at 12:14 pm

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Posted by Big_Slim

Mogadishu

Member since Apr 2016

3977 posts

Posted on 1/4/19 at 12:20 pm to ILeaveAtHalftime

quote:
What could they have done differently?

I wish I knew enough to answer this intelligently but I’m not really sure. All I know is when you can be a few judicial appointments away from establishing hate speeech laws as constitutional effectively wiping out the first ammendment, then something’s not functioning correctly. Human interpretation is flawed, and there should be safeguards for when these interpretations, often based on political motivations, are objectively wrong.

quote:
As with most things in this arena, blame congress. They are the body who has created the federal bench, and they are the ones who chose not to rein it in.

Oh I definitely do. And maybe no document could have completely removed the possibility of tyranny when you are working with a retarded populace that would prefer enslavement so long as it’s comfortable.

ETA: side note, judicial review wasn’t established until years later and people at the time weren’t even sure if it was a real thing. So best thing they could have done is elaborate on the process and limitations of that