
Originally Posted by
FoxtArt
Treating the FF's like a sanctified religion has always felt strange. They made plenty of mistakes. And those have reverberated into a lot of problems evident now. By way of example:
Mistake #1) Missing the forth branch of necessary government: The janitorial. We have 250 years of accumulated detritus of beaurocracy and regulation and nothing that ever cleans it out.
Mistake #2) Adopting the worst historical medieval model for the judicial.
Mistake #3) Adopting a judicial model in the first place. <---- this is the true cause of the elimination and covert rewriting of various rights, and it dates back hundreds of years. Look at the 11th amendment for starters. Clear as day, the plain text is intended to keep citizens from other states from interfering the sovereignty of your own state. The judicial covertly rewrote it to keep you from litigating against your own state, which is quite convenient for the judicial because it reduced their work load.
They did reasonably well on most things, especially for the time, but if they did a great job we wouldn't even be having the discussion as it would be unnecessary. Their checks and balances may have sounded nice in theory but obviously didn't work terribly well - thanks almost entirely to the judicial system they created.