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	<title>Comments on: Time to Revamp the Constitution?</title>
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	<link>http://www.leanleft.com/archives/2009/04/01/7659/</link>
	<description>The View From the Sinister Side of Life</description>
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		<title>By: Dan M.</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622916</link>
		<dc:creator>Dan M.</dc:creator>
		<pubDate>Wed, 08 Apr 2009 07:48:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622916</guid>
		<description>Wow, bob.  It looks like you need to got get some schooling.  The real &lt;a href=&quot;http://www.discovery.org/&quot; rel=&quot;nofollow&quot;&gt;professionals&lt;/a&gt; know to omit contradictory evidence (I&#039;ll let you do your own search for the definition of &quot;largely&quot;.) when &lt;a href=&quot;http://en.wikipedia.org/wiki/Quote_mining&quot; rel=&quot;nofollow&quot;&gt;quote-mining&lt;/a&gt;.</description>
		<content:encoded><![CDATA[<p>Wow, bob.  It looks like you need to got get some schooling.  The real <a href="http://www.discovery.org/" rel="nofollow">professionals</a> know to omit contradictory evidence (I&#8217;ll let you do your own search for the definition of &#8220;largely&#8221;.) when <a href="http://en.wikipedia.org/wiki/Quote_mining" rel="nofollow">quote-mining</a>.</p>
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		<title>By: tgirsch</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622793</link>
		<dc:creator>tgirsch</dc:creator>
		<pubDate>Sat, 04 Apr 2009 15:51:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622793</guid>
		<description>Wow, he can copy and paste from Wikipedia.  I&#039;m impressed.</description>
		<content:encoded><![CDATA[<p>Wow, he can copy and paste from Wikipedia.  I&#8217;m impressed.</p>
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		<title>By: bob</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622792</link>
		<dc:creator>bob</dc:creator>
		<pubDate>Sat, 04 Apr 2009 06:36:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622792</guid>
		<description>&lt;i&gt;When did you not used to need that? At no point in American history, even before Roe v. Wade, was abortion completely illegal nationwide.&lt;/i&gt;

Various anti-abortion statutes began to appear in the 1820s. In 1821, Connecticut passed a statute targeting apothecaries who sold poisons to women for purposes of abortion, and New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor eight years later. It is sometimes argued that the early American abortion statutes were motivated not by ethical concerns about abortion but by worry about the safety of the procedure, but some legal theorists believe that this theory is inconsistent with the fact that abortion was punishable regardless of whether any harm befell the pregnant woman and that many of the early statutes punished not only the doctors or abortionists, but also punished the women who hired them.

Many early feminists, including Susan B. Anthony and Elizabeth Cady Stanton, argued against abortion for a variety of reasons. The former wrote:
“ 	Guilty? Yes, no matter what the motive, love of ease, or a desire to save from suffering the unborn innocent, the woman is awfully guilty who commits the deed. It will burden her conscience in life, it will burden her soul in death; but oh! thrice guilty is he who, for selfish gratification, heedless of her prayers, indifferent to her fate, drove her to the desperation which impels her to the crime.

The criminalization movement accelerated during the 1860s, and by 1900 abortion was &lt;b&gt;largely illegal in every state&lt;/b&gt;. Some states did include provisions allowing for abortion in limited circumstances, generally to protect the woman&#039;s life or pregnancies due to rape or incest.</description>
		<content:encoded><![CDATA[<p><i>When did you not used to need that? At no point in American history, even before Roe v. Wade, was abortion completely illegal nationwide.</i></p>
<p>Various anti-abortion statutes began to appear in the 1820s. In 1821, Connecticut passed a statute targeting apothecaries who sold poisons to women for purposes of abortion, and New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor eight years later. It is sometimes argued that the early American abortion statutes were motivated not by ethical concerns about abortion but by worry about the safety of the procedure, but some legal theorists believe that this theory is inconsistent with the fact that abortion was punishable regardless of whether any harm befell the pregnant woman and that many of the early statutes punished not only the doctors or abortionists, but also punished the women who hired them.</p>
<p>Many early feminists, including Susan B. Anthony and Elizabeth Cady Stanton, argued against abortion for a variety of reasons. The former wrote:<br />
“ 	Guilty? Yes, no matter what the motive, love of ease, or a desire to save from suffering the unborn innocent, the woman is awfully guilty who commits the deed. It will burden her conscience in life, it will burden her soul in death; but oh! thrice guilty is he who, for selfish gratification, heedless of her prayers, indifferent to her fate, drove her to the desperation which impels her to the crime.</p>
<p>The criminalization movement accelerated during the 1860s, and by 1900 abortion was <b>largely illegal in every state</b>. Some states did include provisions allowing for abortion in limited circumstances, generally to protect the woman&#8217;s life or pregnancies due to rape or incest.</p>
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		<title>By: nk</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622756</link>
		<dc:creator>nk</dc:creator>
		<pubDate>Fri, 03 Apr 2009 03:55:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622756</guid>
		<description>Ok, ok, not to be too hard on the SCOTUS, let&#039;s just say that Furman v. Georgia, invalidating a substantive law on the basis of procedure, but later validating it, in Gregg v. Georgia, because the proper procedure was followed, just proves what a bunch of suckasses we appoint to the Supreme Court.</description>
		<content:encoded><![CDATA[<p>Ok, ok, not to be too hard on the SCOTUS, let&#8217;s just say that Furman v. Georgia, invalidating a substantive law on the basis of procedure, but later validating it, in Gregg v. Georgia, because the proper procedure was followed, just proves what a bunch of suckasses we appoint to the Supreme Court.</p>
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		<title>By: nk</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622755</link>
		<dc:creator>nk</dc:creator>
		<pubDate>Fri, 03 Apr 2009 03:48:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622755</guid>
		<description>&lt;em&gt;I’d probably add a narrow exception to the ex post facto clause stating that if a crime is punishable by X under a constitutional law in effect today, and the person was originally sentenced to X under a law that was ultimately held unconstitutional but was reasonably believed by the legislature to be constitutional at the time of enactment, then the person can be punished by X today. Yes, I really would do that just to see Charles Manson fry.&lt;/em&gt;

That is actually the law in cases not involving the death penalty.  The defendant gets a new sentencing hearing under the corrected procedure.  SCOTUS death penalty rulings are a very big departure from American criminal jurisprudence.</description>
		<content:encoded><![CDATA[<p><em>I’d probably add a narrow exception to the ex post facto clause stating that if a crime is punishable by X under a constitutional law in effect today, and the person was originally sentenced to X under a law that was ultimately held unconstitutional but was reasonably believed by the legislature to be constitutional at the time of enactment, then the person can be punished by X today. Yes, I really would do that just to see Charles Manson fry.</em></p>
<p>That is actually the law in cases not involving the death penalty.  The defendant gets a new sentencing hearing under the corrected procedure.  SCOTUS death penalty rulings are a very big departure from American criminal jurisprudence.</p>
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		<title>By: Xrlq</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622754</link>
		<dc:creator>Xrlq</dc:creator>
		<pubDate>Fri, 03 Apr 2009 02:06:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622754</guid>
		<description>Right, but sunset laws only work if they are universal.  What good is it for anyone but the government if a tax cut can sunset before it even takes full effect while tax itself never does?  As for the Second Amendment, I&#039;d clarify it by nixing the militia clause, and maybe adding a limiting clause to clarify that convicted violent felons can&#039;t possess weapons until 10 years after their sentence has been completed in full - or maybe even that one can be sentenced to life without guns, but only if that is actually part of the sentence under the law in effect at the time of the offense.  I&#039;d probably add a narrow exception to the ex post facto clause stating that if a crime is punishable by X under a constitutional law in effect today, and the person was originally sentenced to X under a law that was ultimately held unconstitutional but was reasonably believed by the legislature to be constitutional at the time of enactment, then the person can be punished by X today.  Yes, I really would do that just to see Charles Manson fry.

Establishment clause?  I&#039;d ditch it in favor of a clause stating that government policy can neither deliberately inhibit nor deliberately advance religion in general, or single out any particular religion for special treatment.  If a neutral policy happens to help or hurt religion, tough tittie.</description>
		<content:encoded><![CDATA[<p>Right, but sunset laws only work if they are universal.  What good is it for anyone but the government if a tax cut can sunset before it even takes full effect while tax itself never does?  As for the Second Amendment, I&#8217;d clarify it by nixing the militia clause, and maybe adding a limiting clause to clarify that convicted violent felons can&#8217;t possess weapons until 10 years after their sentence has been completed in full &#8211; or maybe even that one can be sentenced to life without guns, but only if that is actually part of the sentence under the law in effect at the time of the offense.  I&#8217;d probably add a narrow exception to the ex post facto clause stating that if a crime is punishable by X under a constitutional law in effect today, and the person was originally sentenced to X under a law that was ultimately held unconstitutional but was reasonably believed by the legislature to be constitutional at the time of enactment, then the person can be punished by X today.  Yes, I really would do that just to see Charles Manson fry.</p>
<p>Establishment clause?  I&#8217;d ditch it in favor of a clause stating that government policy can neither deliberately inhibit nor deliberately advance religion in general, or single out any particular religion for special treatment.  If a neutral policy happens to help or hurt religion, tough tittie.</p>
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		<title>By: Heartless Libertarian</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622753</link>
		<dc:creator>Heartless Libertarian</dc:creator>
		<pubDate>Fri, 03 Apr 2009 00:19:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622753</guid>
		<description>In the area of the RKBA, I&#039;d do MadRocketScientist one better (since the 14th Amendment has made all rights federal) and explicitly extend the right to include any man-portable weapons in use by the armed forces of the United States.  Yes, that includes guided anti-tank rockets.

Taxes: payment for all taxes levied, of any type, shall be rendered on Election Day, or on the day that the election would be held in off-years.  Withholding would be banned.

Voting: the right to vote and hold public office must be earned (Enter Heinlein) through a period of voluntary service, but nobody who, having attained the age of majority, so volunteers may be barred from performing that service for any reason. (This does not preclude them from being kicked out before completing the service for failure to do so satisfactorily, and such service is not required to be miltiary, but it should be difficult, if not dangerous.  Furthermore, anyone who receives income from the government would be barred from voting.

Any form of social welfare, if not actually banned, would be limited in scope to minimum subsistence levels.

All forms of &#039;positive&#039; rights, i.e. the right to receive or have any form of goods or services from others (and the government, being composed of the people, counts as &#039;others&#039;) would be explicitly renounced, as any recognition of such right would result in the denial of the rights of those others.</description>
		<content:encoded><![CDATA[<p>In the area of the RKBA, I&#8217;d do MadRocketScientist one better (since the 14th Amendment has made all rights federal) and explicitly extend the right to include any man-portable weapons in use by the armed forces of the United States.  Yes, that includes guided anti-tank rockets.</p>
<p>Taxes: payment for all taxes levied, of any type, shall be rendered on Election Day, or on the day that the election would be held in off-years.  Withholding would be banned.</p>
<p>Voting: the right to vote and hold public office must be earned (Enter Heinlein) through a period of voluntary service, but nobody who, having attained the age of majority, so volunteers may be barred from performing that service for any reason. (This does not preclude them from being kicked out before completing the service for failure to do so satisfactorily, and such service is not required to be miltiary, but it should be difficult, if not dangerous.  Furthermore, anyone who receives income from the government would be barred from voting.</p>
<p>Any form of social welfare, if not actually banned, would be limited in scope to minimum subsistence levels.</p>
<p>All forms of &#8216;positive&#8217; rights, i.e. the right to receive or have any form of goods or services from others (and the government, being composed of the people, counts as &#8216;others&#8217;) would be explicitly renounced, as any recognition of such right would result in the denial of the rights of those others.</p>
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		<title>By: tgirsch</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622747</link>
		<dc:creator>tgirsch</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:49:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622747</guid>
		<description>&lt;b&gt;Madrocketscientist:&lt;/b&gt;

For some laws, we already have an automatic 10-year sunset.  That&#039;s part of why the Bush Tax Cuts are set to expire in 2011.

But your &quot;no omnibus lawmaking&quot; reminds me of a big one that I forgot:  &lt;strong&gt;Single statute reform!&lt;/strong&gt;  No more attaching &quot;poison pill&quot; amendments to unrelated laws, or making unwieldy &quot;compromise&quot; laws that, say, tie a tax cut to a minimum wage increase, or whatever.  You&#039;re voting on a statute, up  or down, pure and simple.

That also short circuits the misleading campaign ads like &quot;he voted to increase taxes on so-and-so&quot; when that tax increase was just a minor amendment attached to some otherwise broadly-supported and wholly unrelated piece of legislation.</description>
		<content:encoded><![CDATA[<p><b>Madrocketscientist:</b></p>
<p>For some laws, we already have an automatic 10-year sunset.  That&#8217;s part of why the Bush Tax Cuts are set to expire in 2011.</p>
<p>But your &#8220;no omnibus lawmaking&#8221; reminds me of a big one that I forgot:  <strong>Single statute reform!</strong>  No more attaching &#8220;poison pill&#8221; amendments to unrelated laws, or making unwieldy &#8220;compromise&#8221; laws that, say, tie a tax cut to a minimum wage increase, or whatever.  You&#8217;re voting on a statute, up  or down, pure and simple.</p>
<p>That also short circuits the misleading campaign ads like &#8220;he voted to increase taxes on so-and-so&#8221; when that tax increase was just a minor amendment attached to some otherwise broadly-supported and wholly unrelated piece of legislation.</p>
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		<title>By: Nomen Nescio</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622746</link>
		<dc:creator>Nomen Nescio</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:46:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622746</guid>
		<description>multimember districts with some sort of proportional representation would be an absolute must, for me. there&#039;s no reason whatever to keep things the way they are, unless you count &quot;entrenching the current two parties&#039; shared hegemony unto eternity&quot; as a reason.</description>
		<content:encoded><![CDATA[<p>multimember districts with some sort of proportional representation would be an absolute must, for me. there&#8217;s no reason whatever to keep things the way they are, unless you count &#8220;entrenching the current two parties&#8217; shared hegemony unto eternity&#8221; as a reason.</p>
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		<title>By: Madrocketscientist</title>
		<link>http://www.leanleft.com/archives/2009/04/01/7659/comment-page-1/#comment-622745</link>
		<dc:creator>Madrocketscientist</dc:creator>
		<pubDate>Thu, 02 Apr 2009 18:41:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.leanleft.com/?p=7659#comment-622745</guid>
		<description>I&#039;d make the 2nd Amendment explicit, such that it would guarantee the rights of citizens to possess arms for defense of self (including loved ones) and state (including fellow citizens).  I&#039;d also set it so that citizens may own any weapon classification in use by any police force in the state of residence.  If cops need Machine Guns, citizens should have access as well.

As for law-making, I&#039;d add one rule.  All federal laws automatically get a 5, 10, or 20 year sunset.  Major felonies are valid for 20 years, minor crimes for 10 years, and administrative rules for 5.  As each law is about to expire, congress must review &amp; vote on each law to extend it (no omnibus lawmaking).  We have far too many laws on the books that are no longer valid, or are out of date, but are not dealt with and become legal baggage we all find ourselves stuck with.</description>
		<content:encoded><![CDATA[<p>I&#8217;d make the 2nd Amendment explicit, such that it would guarantee the rights of citizens to possess arms for defense of self (including loved ones) and state (including fellow citizens).  I&#8217;d also set it so that citizens may own any weapon classification in use by any police force in the state of residence.  If cops need Machine Guns, citizens should have access as well.</p>
<p>As for law-making, I&#8217;d add one rule.  All federal laws automatically get a 5, 10, or 20 year sunset.  Major felonies are valid for 20 years, minor crimes for 10 years, and administrative rules for 5.  As each law is about to expire, congress must review &amp; vote on each law to extend it (no omnibus lawmaking).  We have far too many laws on the books that are no longer valid, or are out of date, but are not dealt with and become legal baggage we all find ourselves stuck with.</p>
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