this post was submitted on 19 Oct 2024
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politics

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[–] foggy@lemmy.world 42 points 2 days ago (10 children)

It is sad that this will cause a legitimate argument about the constitution.

[–] otterpop@lemmy.world 12 points 2 days ago (9 children)

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. "

Unfortunately I think you're right, the way the thirteenth amendment is written might make laws like this unconstitutional. What we really need is another amendment banning it entirely.

[–] CosmicTurtle0@lemmy.dbzer0.com 3 points 2 days ago* (last edited 2 days ago) (4 children)

Honestly, we'd do better with an Article 5 constitution convention.

The constitution was never meant to be something that was interpreted from the lens of when it was written. The Framers specifically made a way for states to rewrite the Constitution to adopt with the changing times.

Edit: clarified my comment as it was a bit ambiguous

[–] Habahnow@sh.itjust.works 1 points 2 days ago (1 children)

What do you mean never meant to be a living document?

[–] CosmicTurtle0@lemmy.dbzer0.com 2 points 2 days ago (1 children)

I'm going to edit my comment to be a bit clearer but the Framers knew that the Constitution wasn't meant for all time, that the document would need to be rewritten to reflect the changing values and issues in the present age. The easiest example is the third amendment. While it's important, yes, that we not be required to quarter troops in our homes, it isn't exactly the main issue facing us as a nation.

Fucking conservative judges, however, seem to think that the "history and culture" of the document should trump whatever issue is going on now.

[–] Habahnow@sh.itjust.works 1 points 2 days ago

Ah thanks for the clarification

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