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Joe Van Steenbergen's avatar

At this point, it is doubtful that anything meaningful and incriminating that hasn't already been made known will emerge; clearly, the establishment has ensured the worst of all of it has been shredded or burned.

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RR's avatar

"We don’t have this bad Government by mere incompetency; we have it by design: it has been built into its design. Maybe the writers of our Constitution didn’t trust the public enough. Maybe they distrusted the public too much."

Well said. I would go much further.

The second US Constitution of 1787 (just four pages of text) was never designed to be "democratic", or even "representative" in modern terms. There is a sop to "representation" in one half of Congress (further diluted by slavery). The other three sources of authority in the constitution - the executive, the judiciary, and the States (interestingly only a single delegate, Hamilton of New York, wished to do away with States power) - were designed to exclude any democratic element. [my primary reference for the above propositions is Beeman's very accessible and entertaining "Plain, Honest Men: The Making of the American Constitution"]

It took me more than two decades of legal study and practice (from my very first exam in constitutional law) to even begin to understand Anglo-American common law constitutions. My current take is that it's a massive mistake to view such constitutions as legal documents with some erratic political implications. Rather, they're complex political compromise documents, with some erratic legal implications (arising from the mass of internal politically driven ambiguities often amounting to contradictions). Both constitutional "originalists" (never change) and constitutional "progressivists" (always change) fail because they take the law too seriously. The current US constitution, in summary, is a permanent struggle for power between four axes, none of which can ever be allowed to "win". HTH

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