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03/07/2010

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You are not the first to read your political preferences into the Constitution, including Supreme Court justices on countless occassions and sometimes with disasterous results. If I am going to react in a disharmonious manner http://www.new-jerseys.com to everyone who does this, I will probably be acting disharmiously with a majority of people. The idea of a written Constitution has its limits, perhaps because it expects a level of intellectual rigor and honesty from people that is more rare than common

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The article that the previous poster is thinking of is probably this one: http://www.slate.com/id/2244060. I tend to agree with the point made by that poster, but I would correct one thing: there is a set of 40 senators that represent only about 10% of the population.

While I agree in principle that there is a legitimate case for supermajorities in some circumstances, the U.S. Senate is not the place for that precisely because of the disparity in populations that the senators represent. It would make far more sense to require a supermajority in the House than in the Senate.

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If you have so much respect for the Federalist Papers, shouldn't you at least, I don't know, at least discuss the relevant provisions? Is that too much to ask? Can you explain why you think Alexander Hamilton was wrong about this and why your wisdom is superior to his? And can you also explain how you arrive at an interpretation of the Constitution that directly contradicts Federalist 75?

Thanks!

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Agreed, very well written and can't wait for the second half.

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As for commissioning political science to decide the question of filibuster, it is even less equipped. Thus the discipline is called, by its more modest charlatans, government. "I want to be a political science major." Sorry, son, we only have government here at Modest University.

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Alexander Hamilton, James Madison, and John Jay in their essays in the superb Federalist Papers argued for the Constitution against a skeptical New York public. They recognized the necessity of having a constitution that protected minorities from “ephemeral” majorities, and they claimed the separation of powers, and other aspects of the Constitution, would succeed in protecting most minorities. The founding fathers were not believers in a naïve form of democracy where simple majorities should always have their way.

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he adopted his approach to interpretation based on his libertarian political preferences in the public law seminar I took at Harvard Law School that he visited as a speaker.

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