A rhetorical question
stevenjamar at gmail.com
Fri Aug 17 12:04:43 PDT 2007
It's not just about a unitary executive, is it. One would need to
get rid of all legislation outside of congress and all judicial
activity outside the Article III courts.
No modern, developed, or developing society runs without
administrative, expert agencies. The addition of the administrative
branch of government has been mostly a good thing.
Would I prefer a reworking of the Constitution to conform it to
modern necessities through the amendment process or a constitutional
convention process? Procedurally, yes. Substantively? Who can
say. Certainly today the Constitution is nearly impossible to amend
in a significant way due to (pick your reason). And that is not a
I would prefer a Constitution that gets interpreted to move with
necessities of the day to one that is like Brazil's which regularly
gets amended and reworked and has far too much detail in it.
I think South Africa got it about right when they did theirs 14 years
ago -- but that was a special moment in history.
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:stevenjamar at gmail.com
Washington, DC 20008 http://iipsj.com/SDJ/
"Rarely do we find men who willingly engage in hard, solid thinking.
There is an almost universal quest for easy answers and half-baked
solutions. Nothing pains some people more than having to think."
- Martin Luther King Jr., "Strength to Love", 1963
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