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kentuck

(111,106 posts)
Tue Nov 29, 2016, 10:00 AM Nov 2016

Is there a flaw in our Constitution?

Our Founders would not have known what impact technology and social media might have in the future of our country?

Two times, out of the last 5 elections, the popular vote winner for President has lost the Presidency due to the electoral college vote. It has become too common.

Not only is the "electoral college" a possible flaw in our Constitution, but the idea that there are "checks and balances" to somehow protect our citizenry is also a flaw?

It needs to be fixed, in my opinion.

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el_bryanto

(11,804 posts)
2. I'm interested in the idea that Checks and Balances are a flaw - what do you mean by that?
Tue Nov 29, 2016, 10:06 AM
Nov 2016

I have generally thought that they were a good thing.

Bryant

kentuck

(111,106 posts)
7. They were meant to work in the original documents...
Tue Nov 29, 2016, 10:26 AM
Nov 2016

but, political Parties have become so ingrained in our system of government that Party politics, by a simple majority, can over-ride all checks and balances for benefit of Party. For example, we have a Republican majority by numbers, but in reality, they will ignore the Constitution and give their elected leader dictatorial powers. Conflicts of interest, which is clearly forbidden in our Constitution, are well on their way to being ignored, as the would-be dictator does business with friends and enemies alike.

el_bryanto

(11,804 posts)
10. That's true - but that's a break down of the practice of checks and balances
Tue Nov 29, 2016, 10:35 AM
Nov 2016

Or to put it another way the issue is that we have one party willing to do anything to get their way politically and another party that tries to play by the rules to a certain extent. But that's not necessarily a problem with the idea of checks and balances; if anything they still have some effect; imagine if trump was really let off the rails to do whatever he wanted. As it is there will be at least some push back from Democrats (although, feeling cynical these days, I suspect it won't be as much resistance as their should be).

On the other hand there is something to be said for a parlementary system elected by the popular vote. As right now on a state level there are many elections in which one side or the other basically has no chance of winning. Perhaps it would be better if the seats in congress were divided according to the number of votes each side got instead of a winner take all system (like we have in the Senate and in many if not most house races).

Bryant

Bob41213

(491 posts)
4. You could argue that it's working exactly as they intended...
Tue Nov 29, 2016, 10:14 AM
Nov 2016

Big states have limited power to sway the election. It's supposed to be a balance between cities and rural areas.

You don't want checks and balances either? You're arguing to give Trump free reign?

Bob41213

(491 posts)
6. Sounded kinda like you did, I must have misinterpreted..
Tue Nov 29, 2016, 10:22 AM
Nov 2016

Not only is the "electoral college" a possible flaw in our Constitution, but the idea that there are "checks and balances" to somehow protect our citizenry is also a flaw?

Sounds like you're arguing checks and balances are a flaw.

treestar

(82,383 posts)
13. I remember Rush Limbugh whines about
Tue Nov 29, 2016, 10:39 AM
Nov 2016

one party rule when the Ds have both the Executive and Legislative branches. When that happens, there may be de facto failure of check and balance, though still Congress may disagree with the president on things and still be some sort of check.

Orange Cheeto is not a normal party member though, so he may not get all he wants out of Congress or Congress may not always have his rubber stamp, though he will be a puppet of somebody, just remains to be seen who, as he can't do the job on his own.

I think that's why the Ryans and McConnells of Congress would prefer Pence and might use the 25th Amendment against Cheeto, as soon as he does something really insane that makes them think they can invoke it.

citood

(550 posts)
9. IIRC, Most states initially appointed electors with state legislatures
Tue Nov 29, 2016, 10:32 AM
Nov 2016

Our current system of popularly elected electors is not nearly as old as the nation.

dembotoz

(16,820 posts)
11. reluctant to start changing the constitiution....current fools would bring back slavery
Tue Nov 29, 2016, 10:36 AM
Nov 2016

I do not place the holy reverence on this doc that others do. but there are too many crazy fucks swimming in the pond these days

 

TDBroke

(25 posts)
12. 5 Presidents have won without popular vote
Tue Nov 29, 2016, 10:36 AM
Nov 2016

The only one who wasn't a republican was John Quincy Adams. He was a Federalist. Every other time it's been a Republican who won.

kentuck

(111,106 posts)
14. Yes.
Tue Nov 29, 2016, 10:53 AM
Nov 2016

The Democratic Party is and always has been antithesis to the ideas of the Founders. Their major worry was that the people would make decisions in a democracy that would harm the interests of the wealthy and the elite.

Maeve

(42,287 posts)
16. The idea that there are 'checks and balances'--it's the idea that's flawed
Tue Nov 29, 2016, 10:59 AM
Nov 2016

I agree--when the foxes are appointing the watchdogs guarding the hen-house and they only choose from other foxes, yeah. The Founders assumed reasonable, thoughtful, educated people would prevent fools, liars and theives from taking over. Silly Founders...they didn't count on long years of cunning subversion.

BSdetect

(8,998 posts)
17. When they appoint an idiot to the SCOTUS there is no balance
Tue Nov 29, 2016, 11:05 AM
Nov 2016

Stacking the court is making a mockery of any impartiality.

Its a deeply flawed system.

Remember they killed the Voting Rights Act?

Look what happened immediately after that - within hours if not minutes.


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