Quote:
Originally posted by FM:
Madison and Jay were smart dudes, but isn't it possible that the best form of government for the late 18th century may not be the best for the early 21st? |
There are two competing principles at play then. There's the Elastic Clause and the Amendment Process. Those things that are deemed within the Elastic Clause can implicitly be passed by Congress, et al. Everything else needs to be approved by Amendment, regardless of how good an idea is.
Like the no death penalty for kids under 18. Good idea; I like it. Problem is that it so is constitutional unless otherwise passed by Congress.