Reflecting upon Publius' Legal Fiction post on judicial tinkering of the constitution, Doctor Biobrain poses this question to his readers:
If we went back and wrote constitutional amendments for all the crap that we've created since the creation of the constitution, would they pass? It's a sure bet that a majority of Americans support these things, but would that be enough to ensure their constitutional passage?
I'm talking about the FCC, SEC, SSA, or any other damn thing that the originalists say that we aren't supposed to have. You name it. And I'm talking about having separate amendments for each of these, as would be necessary (which you yourself can define how many would be necessary).
It seems to me unlikely that, had we put these amendments through the full process, that they would have passed. People just don't like change and the amendment process is very difficult. But I'm also fairly confident that these amendments would pass now, though there would be lots of pork and political payoffs added to it for no other reason than because politicos like pork and payoffs. But maybe not.
So, whammy think people?