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YouDebateIt.com -- Is It Better To Be A Divided Nation?
Topic: Is It Better To Be A Divided Nation?

Which do you prefer #1 or #2?
Vote below for the better argument.
Opinion #1
Debater: The Wild Goose
A "living, breathing" constitution is an effectively meaningless one.
Times may change, but human nature is fundamentally constant. Particular circumstances may change, but the principles of justice are immutable and fixed. If the rights enumerated in the Bill of Rights are indeed, as many claim, fundamental and permanent human rights, meant for all time, can any judicial interpretation change this fact?

Yet this is what happens. Through the process of constitutional "evolution", rights that are fixed and permanent, rights that are engraved in the natural law, disappear.

To trust the congress and the Supreme Court to "protect" the constitution and restrict the government is like having the fox guard the henhouse. Many claim "checks and balances" will protect us. Some say that I can appeal to the supreme court if I have a grievance against the government- but the court is itself an arm of the government. This is like saying that if I have a grievance against Joe, I can appeal to Joe's brother, Jim, for a "fair" judgment!
Supporting URL[s]:
http://www.mises.org
http://www.lewrockwell.com
http://www.lewrockwell.com
Opinion #2
Debater: interested
Constancy
Human nature is indeed constant but circumstance alters cases & their application to human nature. Natural law is an abstract concept whose meaning changes with each "enlightment."

Enumerated rights are subject to interpretation in the light of the progression of civiliztion. They cannot be taken away but they can be improved and new rights added. Existng rights are to be considered in the light of societal changes. Their meanings can and must be altered if civilization is to advance. Due Process, e.g, is the vehicle by which rights have been extended to the whole population. This was not always the case.

Of course the SC is an arm of government. It is the arm created by the people to review and check that the other arms do not violate Rights.

Human nature may be immutable but the impact of change on it requires absolutely that law and societal construction evolve to accommodate change. A Constitution is like a human constitution. It can atrophy but, unlike in that it can be cured
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