PalmerSperry wrote:n7axw wrote:Writing constitutions isn't that hard if the framers are willing to give up something in order to be part of a larger whole
Given the arguably broken in various ways examples of the US, Australian and Austrian constitutions to give three examples off the of my head, I think I'd beg to differ!
* The US constitution is flawed IMHO because of the way the Commerce Clause apparently means that the federal government can regulate anything anywhere because it might affect inter-state commerce somewhere. (See also, all the debates about what the 2nd Amendment means!)
* The Australian constitution is flawed IMHO because of the unconstrained nature of section 96 which lets the federal government run roughshod over those areas which are meant to be the sole preserve of the states.
* The Austrian constitution is flawed IMHO because it can be amended by the government of the day, and because the government it describes isn't the government Austria has!
Finally, IIRC the constitution of the USSR guaranteed freedom of speech, freedom of the press, freedom of assembly and freedom of religion? Since it failed to actually provide those freedoms I think it was probably flawed too!
I don't want to get into a political debate about those, or other, real world constitutions since it would be way off-topic but given the shortage of real world good constitutions I think writing them must be hard!
A single Constitution running 220+ years would have shocked the writers of the one the U.S. has. The intention there was a lot more practical: work up something that the states would all tolerate that delivered a more effective central government than the Articles of Confederation. Amendments and continued jurisprudence would shape it as needed; more constitutional conventions would do more thorough work or replacement as needed. And as possible: the final document wasn't delivered as the Commandments from Sinai, it was as good as we can get now, with better as we can, and the problems they couldn't fix, they hoped their children could.
The best we can do is the best we can do, after all. I'm sure they all hoped that issues of slavery, the frontier, and federal versus state power could be worked out by lawyers and politicians in the following decades instead of by civil war, but I'm confident they were
certain that they couldn't work out those things themselves
at the time. I'm sure the framers of the Solarian League constitution thought the same way. Maybe they figured that the growth of a Solarian national identity and the improvement of communications would make for another convention for a more perfect union down the road. Maybe they figured that under the aegis of the League's constitution, customs with the force of law would fill that skeleton of political function out to a real live polity. Maybe they were counting on the growth of regulation and bureaucracy to do it, and that the Assembly would serve, if not as an actual government, as a powerful watchdog agency to make the real bureaucratic government a responsible one.
I don't think a constitution will ever be written that covers all the bases, so that a bunch of devil-children will be able to use it to make themselves act as a bunch of angels. It's just a tool, something real people with real clashing interests can use to reach livable compromises - sometimes, when the interests do not clash too much and when enough of them do want to reach livable compromises. I do think the League constitution would have taken a whole lot more luck or devoted effort to run too many centuries without running the League into the ground. But that's not strictly hopeless except in hindsight - it was just the best they could do.