Is the constitution legitimate?

Question

If so, what makes it more than a piece of paper?

I'm not saying it's illegitimiate, I'm just curious.

Answer 1

Constitution.



The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it b : a written instrument embodying the rules of a political or social organization.



You are asking a fair question.



A Constitution is the basis of all of our law. It is similar to a mission statement in that it states what we are all about. Unlike a mission statement, it carries the weight of absolute law.



By the way...there is more than one copy. If the original was destroyed, the Constitution would live on.



No law can be made that does not adhere to the parameters set forth in the Constitution.



In addition...since we adopted English Common law as the basis for our law...any part of ECL that does not fit within our Constitution is voided.



I think why you are confused is that a lot of people here on YA point out things that they say are unconstitutional. That is their opinion not a fact.



There are very strict rules that the courts use to interpret the law. See:



http://en.wikipedia.org/wiki/Judicial_interpretation

http://en.wikipedia.org/wiki/Statutory_interpretation



Yahoo people are amateurs at law not judges...there are volumes and volumes of case law which contain rulings on Both the constitution and statutory law. These rulings are precedents that must be followed by subsequent judges unless they can provide a really, REALLY good reason to overturn one. Even then the final say will be in the Supreme Court.



The Constitution is the basis of all law...but few people understand law enough to realize that just because the Constitution does not specifically address an issue...that that specific issue has not already been addressed from a Constitutional perspective.



Once a ruling has been made...it carries the full weight of the Constitution i.e. basic law behind it.

Answer 2

It's more than a piece of paper if you can read. If you're a product of public education, then I suppose the constitution is just a piece of paper.

Answer 3

Its a fundamental basis of our country,



The Reality of it though is that Some of the People that wrote it were not surely noble people.. (Slave owners, drunks, cheaters, etc), they were also amazing people like inventors, scientists, lawyers, and educated. The constitution i thinks still lists native americans as a natural resource,.

THe document itself should stand firm but is it truly being followed?

and does it truly fit this megacapitalist society that we have become?

dont know the answer to that

Answer 4

A question like this makes me die a little inside. The constitution is a part of America and therefore a part of me. If we have come to time where people are questioning it's legitimacy these are even darker times than I could have imagined.

Answer 5

Case in point -



You have the right to be as stupid or as smart as you want to be.



You can have dreams and make them come true.



You can ask questions and not be afraid of being imprisoned, tortured, or killed for your beliefs.



You can believe (or not believe) in God or in any organized religion.



You can be anyone you want to be.



You can do anything you want to do (as long as it is legal).



You have freedoms as detailed in the U. S. Constitution that other people do not have.



It is legitimate because it was ratified (at that time) by every one who wanted to join the union of the states. So, since it had to be agreed upon (and utilized since then) it is legitimate.



It is still used to this day. And, it is looked upon by other countries (sometimes) with awe. I have met people from other countries (through my travels) who actually want to discuss it in great detail.



I think that is pretty neat !



Peace.

Answer 6

what makes it more than a piece of paper is that it was a set of ideals to give rights to avoid tyranny and oppression and is what our government was founded on. For example, the right to bear arms. Many people bring this into question but consider the biggest proponents of gun control; hitler, castro, mussolini, stalin (killed more of his own russian citizen's than all the jews killed in the holocaust), and obama. Gun control is all about citizen control. Colorado allowed concealed carry and BOOM 30% drop in crime, australia instituted gun control and BOOM 300% rise in VIOLENT crime. The constitution is al about freedom from oppression and tyranny.

Answer 7

It is very much legitimate. It is a living document. The fact that this country is built around it and that the Supreme Court uses it as its guiding principle makes it legitimate.

Answer 8

Yes, it is legitimate. The people voted on it. No one has voted it out since then. So it's completely legal.



p.s. That the Founding Fathers penned it is irrelevant to your question. Not sure why people are even bringing that up. The fact is that all the states had to ratify it by popular vote, or it was completely invalid. And they did! Every single one of them in existence at the time. All new states had to vote to accept it to join the union since then. Again, completely legal document.

Answer 9

It was penned by the founding fathers. The founding fathers created our government.



EDIT: Mr. Taco, the founding fathers are the reason we have the Constitution and a government. I don't see why you think this is irrelevant. The Constitution is the Supreme Law of the Land; it outlines the rules and regulations of our government. The founding fathers created those rules and regulations. If you can't see how that makes the Constitution a legitimate document, then I don't know what to tell you.

Answer 10

It is the set of beliefs this country was fonded on . those beliefs we still fight for today . so what makes it real ask the men and woman that die for it in battle around the world. if you did ask those fighting for our freedoms this question it would be a slap in the face to them.

Answer 11

Not for Sarah Palin or George Herbert Walker lets wage an illegal war Bush. lol The constitution in all seriousness, forgive the last sarcastic fun answer, is a living document and was from our founders. It is always ammended and changed as the world changes, therein lies the problem.

Answer 12

Gives you the right to ask this question.

Your present administration is trying to take the constitution away, in act martial law, and deminish your right to bare arms, they tell you it is in your best interest, but I do not think I appreciate a government that does not represent "We the People" Screw the dems and neocons working for the elite, what about you and I?

Answer 13

Yes.

Answer 14

Well, put it this way:



Is our country like Stalin-era Russia?



Thank the U.S. Constitution :)

Answer 15

The people that have lived and died for it.

Answer 16

The One for the United States is, yours, toilet paper.

It grants people the freedom to ask stupid questions.

Answer 17

logically speaking, it's just another piece of paper with some ink on it.



the people who wrote it all said "all men are created equal" and then they went home to their slaves.



the Constitution was fine for that time, but our Fore Fathers had no way of envisioning Lobbyists, the level of Corruption we have, things like the Internet.



i think its completely legitimate, but it needs a BIG update!!

Answer 18

Yes -- but I'm not sure that Obama knows it's " too legit to quit ".

Answer 19

Heck why do we have any laws? Are any of them legitimate? Are our states really states? What makes them legitimate? Why can't we just go and call Arizona, Calizona?

Answer 20

that is what was decided by our forefathers. it is just. as an anarchist i believe it IS just a peice of paper, but our country is meesed up like that so, ya...