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Originally Posted by Sheriff Gonna Getcha
#1. The problem with that is that the Executive Branch is supposed to act as one body. The President acts through his subordinates (e.g., the SecDef) and derives much of his power through the Cabinet. When you elect a President, you also "elect" his policies as executed by his subordinates. If you strip the President of his authority to appoint Cabinet members, then you strip him of the ability to act as an Executive. It would be like telling a CEO to act as chief executive and then telling him he can't fire anyone and his subordinates do not have to listen to his policy initiatives.
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You make a good point. I think a good solution would be to put the entire Cabinet on the ticket with the President.
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Originally Posted by Sheriff Gonna Getcha
As for Justices being elected, I am so glad that they are not. When Justices are appointed with lifetime tenures, they are insulated from political pressures and (relatively speaking) vote according to what they think is the legally correct answer. I would be scared if Justices were voting not according to what they thought was right, but according to what they thought would make for a good 30-second soundbite on the news.
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I don't think Justices would be swayed by popular opinion if they have no chance for re-election. Also, whether they are elected or appointed, they are selected by people. That means that no matter what, they are going to be thinking about how their rulings will affect their image in the eyes of the people who select them -- whether it's the President/House/Senate or their constituents.
The original reason for the appointment process was because the Founders thought the people are too fickle, and they could not handle such a responsibility. However, today the Senate is not as wise as the Founders envisioned, and they are swayed by big interests. I'd rather have the people in charge. Maybe we could do an electoral college, rather than straight up elections. I consider most of this a moot point, because the states should have the power -- not the federal gov't. We shouldn't be at the mercy of the federal gov't.
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Originally Posted by Sheriff Gonna Getcha
#3 The Constitution is intentionally ambiguous - it is not a laundry list of crimes, rules, etc. It has survived so long because it is ambiguous and capable of adapting to changing environments. I think the Founders were wise to make it ambiguous and capable of adapting to change.
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I believe that every citizen has the right to say whatever they want. As soon as you allow the federal gov't to impose ANY restrictions on speech, you have given them too much power. Why does that have to be ambiguous? Times change, but that should not. I think of the Constitution as something that transcends society. Just because society changes, I do not think the Constitution should be interpreted differently. I agree that the Constitution shouldn't be used as a laundry list of rules. It should only be used for those VERY FEW instances where an ABSOLUTE law is necessary, to protect the people from the gov't -- like free speech. All other laws should be derived from state statutes.
I knew I could count on you for a good response.