Can the constitution of America be overlooked?

[Keanumoreira]

A recent thought has come to me that has posed intresting questions. If there was a time of severe crisis and Nation threatening proportions, is it possible to overlook the Constitution of America to save hundreds of thousands if not millions of its people and there was no other solution to do so? (Please reframe from turning this into a religious and or a major political debate. Thank you.)

[Retribution]

(Please reframe from turning this into a religious and or political debate. Thank you.)

What? Are you stupid? There is no way this can't be a political debate. The answer to your question is no. That's the only answer.

[Keanumoreira]

(Please reframe from turning this into a religious and or political debate. Thank you.)

What? Are you stupid? There is no way this can't be a political debate. The answer to your question is no. That's the only answer.

 

Fine, a major political debate then, where at least it won't get out of hand. BTW, there is an appropiate way to correct people.

[krimzin]

I think that is up to Vagrant who is watching you now, banhammer at the ready :biggrin: Careful guys

[Keanumoreira]

I think that is up to Vagrant who is watching you now, banhammer at the ready :biggrin: Careful guys

 

I didn't do anything wrong. I can't get banned for this because I didn't do anything out of line. The first poster needs to beware...

[evilneko]

Probably. The real question is how we deal with it, both at the time and after.

 

As well, parts if not the whole thing have been set aside before. See FDR's actions during World War II. Those japanese internment camps? Not so legal.

 

In the movie Outbreak, a town is quarantined by the military and IIRC, plans were made to bomb it, don't quite remember if the bomb was actually dropped in the movie though, you'll have to watch it. ;) Let's say it was. That would not be so constitutional I would think. In such situation I'd think it only proper for the president to resign, having broken the law. I would say no further punishment than that, since even if he did break the law, he potentially saved the entire world.

 

You use an example of a crisis or catastrophe, but I'd like to propose a different one as well. There are those who believe (however erroneously) that the current president was not born on US soil. What if it really were true though? This is a fairly minor thing in the Constitution. Do we hold a new election? Remove him from office and follow the chain of succession as if he'd been shot? Amend the Constitution (possibly temporarily removing him from office pending ratification)? Personally in this case I'd prefer the latter. The people elected him, the people can decide if he stays in office (by ratifying) or gets the boot (by not). As for the amended requirements, I'd propose amending them to be equivalent to the requirements for a senate seat, with citizenship duration tripled.

[Vagrant0]

It wouldn't happen. To change any aspect of the constitution you need a very long process of lawmaking, and by nature of this process, most everything which would go against the constitution would be shut down somewhere along the way. People can fearmonger all they want, but neither the first nor second amendment will ever be removed.

 

And before someone starts going off about Obama and the first amendment, I would remind you that the Patriot Act (under Bush) single-handedly did more to restrict the freedom of speech than anything passed through congress in the last 2 years.

 

Martial law on the other hand is an entirely different story.

Edited August 4, 2010 by Vagrant0

[Keanumoreira]

There has to be something they can do, I mean if we knew it was very lethal for the country and the constitution HAD TO BE OVERLOOKED RIGHT AWAY, then why wouldn't they do it? What they need to do is pass a law or amendment or whatever that states in time of severe crisis and severe crisis only with no other possible solution, that the goverment has the right to overlook the United States of America's constitution to save its people and possibly even the world itself from certain doom. I doubt that if this day comes (Which is very unlikly but still) that we are just going to sit around and do nothing because our constitution prohibits it.

[krimzin]

Lol Martial Law is scary. You know somebody royally screwed up when the government issues Martial Law. Basically temporary dictatorship. Brutal, but effective. Military overrules all authority.

[Keanumoreira]

Lol Martial Law is scary. You know somebody royally screwed up when the government issues Martial Law. Basically temporary dictatorship. Brutal, but effective. Military overrules all authority.

 

Oh god no! That'll be pure anarchy, it'll be worse than the initial threat. (Unless nuclear warfare were to become involved.)