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	<title>Comments on: Not in front of the children!</title>
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	<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Antoni Jaume</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75305</link>
		<dc:creator>Antoni Jaume</dc:creator>
		<pubDate>Fri, 17 Jun 2005 19:03:38 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75305</guid>
		<description>The actual name is not &quot;constitution&quot; but &quot;treaty establishing a constitution&quot;.

Not that that would change much.

DSW</description>
		<content:encoded><![CDATA[	<p>The actual name is not &#8220;constitution&#8221; but &#8220;treaty establishing a constitution&#8221;.</p>

	<p>Not that that would change much.</p>

	<p><span class="caps">DSW</span></p>
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		<title>By: Ginger Yellow</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75255</link>
		<dc:creator>Ginger Yellow</dc:creator>
		<pubDate>Fri, 17 Jun 2005 01:56:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75255</guid>
		<description>It&#039;s not a question of long vs short. It&#039;s a question of rules vs principles. Personally I would have voted for the constitution, but only on pragmatic grounds. I think it&#039;s a mess and the vast majority of the stuff in it should be in the form of directives, not a constitution. A constitution&#039;s purpose is to bind a body politic together without cementing it. The EU constitution fails on both counts.</description>
		<content:encoded><![CDATA[	<p>It&#8217;s not a question of long vs short. It&#8217;s a question of rules vs principles. Personally I would have voted for the constitution, but only on pragmatic grounds. I think it&#8217;s a mess and the vast majority of the stuff in it should be in the form of directives, not a constitution. A constitution&#8217;s purpose is to bind a body politic together without cementing it. The EU constitution fails on both counts.</p>
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		<title>By: Maynard Handley</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75243</link>
		<dc:creator>Maynard Handley</dc:creator>
		<pubDate>Thu, 16 Jun 2005 22:03:08 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75243</guid>
		<description>Oh don&#039;t be silly, David. Do you honestly believe that Alabama&#039;s woes are the fault of its constitution rather than its population and history, and that, with a different constitution, the place would be substantially different? This is not, a priori, impossible, but it&#039;s something I&#039;d need evidence to believe. 

I have seen arguments (with evidence) that the way states are structured (eg presidency vs parliament) affects how they turn out (on average), but I&#039;ve never seen an argument (again with evidence) along the lines that the form of a constitution (eg long vs short) as opposed to what it says (and far more so, as opposed to the prior political history) have any effect on much of anything. 

To the extent that the EU consitution is something that needs to be sold, it makes sense (if you support the idea of a closer EU) to create something that is easily sold. But beyond that, who really cares about the details? Europe will evolve as the US evolved; through the exigencies of history informed by the political culture. In the US the constitution is mostly whatever the people with the most power at any given time want it to be --- look at the most recent medical marijuana supreme court ruling.</description>
		<content:encoded><![CDATA[	<p>Oh don&#8217;t be silly, David. Do you honestly believe that Alabama&#8217;s woes are the fault of its constitution rather than its population and history, and that, with a different constitution, the place would be substantially different? This is not, a priori, impossible, but it&#8217;s something I&#8217;d need evidence to believe.</p>

	<p>I have seen arguments (with evidence) that the way states are structured (eg presidency vs parliament) affects how they turn out (on average), but I&#8217;ve never seen an argument (again with evidence) along the lines that the form of a constitution (eg long vs short) as opposed to what it says (and far more so, as opposed to the prior political history) have any effect on much of anything.</p>

	<p>To the extent that the EU consitution is something that needs to be sold, it makes sense (if you support the idea of a closer EU) to create something that is easily sold. But beyond that, who really cares about the details? Europe will evolve as the US evolved; through the exigencies of history informed by the political culture. In the US the constitution is mostly whatever the people with the most power at any given time want it to be&#8212;- look at the most recent medical marijuana supreme court ruling.</p>
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		<title>By: David Nieporent</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75220</link>
		<dc:creator>David Nieporent</dc:creator>
		<pubDate>Thu, 16 Jun 2005 19:00:59 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75220</guid>
		<description>&lt;i&gt;The fact is that the EU constitution doesn’t seem that out of place compared to the competitors. &lt;/i&gt;

That is, if you consider Alabama to be a &quot;competitor&quot; of the EU.  One would assume the EU aspires to be more like the US than like Alabama.</description>
		<content:encoded><![CDATA[	<p><i>The fact is that the EU constitution doesn&#8217;t seem that out of place compared to the competitors. </i></p>

	<p>That is, if you consider Alabama to be a &#8220;competitor&#8221; of the EU.  One would assume the EU aspires to be more like the US than like Alabama.</p>
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		<title>By: Uncle Kvetch</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75218</link>
		<dc:creator>Uncle Kvetch</dc:creator>
		<pubDate>Thu, 16 Jun 2005 18:55:11 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75218</guid>
		<description>&lt;i&gt;The fact is that the EU constitution doesn’t seem that out of place compared to the competitors.&lt;/i&gt;

Maynard, I agree with you on this, insofar as it&#039;s inaccurate to consider the EU Constitution as &lt;i&gt;sui generis&lt;/i&gt;. On the other hand, I think you&#039;d agree that what was called for at this moment, in this particular context, was something radically different--something more like what RJW refers to, a clear statement of rights, values, founding principles.

There may be nothing particularly &quot;wrong&quot; with the constitution...but I&#039;m still astounded by the political ineptitude of those who expected voters to sign off on it.</description>
		<content:encoded><![CDATA[	<p><i>The fact is that the EU constitution doesn&#8217;t seem that out of place compared to the competitors.</i></p>

	<p>Maynard, I agree with you on this, insofar as it&#8217;s inaccurate to consider the <span class="caps">EU </span>Constitution as <i>sui generis</i>. On the other hand, I think you&#8217;d agree that what was called for at this moment, in this particular context, was something radically different&#8212;something more like what <span class="caps">RJW</span> refers to, a clear statement of rights, values, founding principles.</p>

	<p>There may be nothing particularly &#8220;wrong&#8221; with the constitution&#8230;but I&#8217;m still astounded by the political ineptitude of those who expected voters to sign off on it.</p>
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		<title>By: Maynard Handley</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75211</link>
		<dc:creator>Maynard Handley</dc:creator>
		<pubDate>Thu, 16 Jun 2005 17:03:21 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75211</guid>
		<description>There are plenty of constitutions that are pretty long. 
Look, for example, at the new South African Constitution.
http://www.polity.org.za/html/govdocs/constitution/saconst.html?rebookmark=1
I mean, Christ, it has crap in there about what the flag should look like and how to choose the national anthem. 

Then there is the infamous Alabama constitution:
http://www.legislature.state.al.us/CodeOfAlabama/Constitution/1901/Constitution1901_toc.htm

Go look at it; It&#039;s pretty enlightening --- it reads like the entire freaking legal code for the state.

The fact is that the EU constitution doesn&#039;t seem that out of place compared to the competitors. The US constitution is a model of brevity, but it also seems an exception, something that, thrown into today&#039;s world and without the expectation of shared values that existed when it was put together, might not work as well as it has. </description>
		<content:encoded><![CDATA[	<p>There are plenty of constitutions that are pretty long.<br />
Look, for example, at the new South African Constitution.<br />
<a href="http://www.polity.org.za/html/govdocs/constitution/saconst.html?rebookmark=1" rel="nofollow">http://www.polity.org.za/html/govdocs/constitution/saconst.html?rebookmark=1</a><br />
I mean, Christ, it has crap in there about what the flag should look like and how to choose the national anthem.</p>

	<p>Then there is the infamous Alabama constitution:<br />
<a href="http://www.legislature.state.al.us/CodeOfAlabama/Constitution/1901/Constitution1901_toc.htm" rel="nofollow">http://www.legislature.state.al.us/CodeOfAlabama/Constitution/1901/Constitution1901_toc.htm</a></p>

	<p>Go look at it; It&#8217;s pretty enlightening&#8212;- it reads like the entire freaking legal code for the state.</p>

	<p>The fact is that the EU constitution doesn&#8217;t seem that out of place compared to the competitors. The US constitution is a model of brevity, but it also seems an exception, something that, thrown into today&#8217;s world and without the expectation of shared values that existed when it was put together, might not work as well as it has.</p>
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		<title>By: rjw</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75210</link>
		<dc:creator>rjw</dc:creator>
		<pubDate>Thu, 16 Jun 2005 16:54:32 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75210</guid>
		<description>I think a lot of you have touched on a key point - calling it a constitution makes a difference - it changes expectations. 

People expect a constitution to be a clear statement of rights, values, or something similar. 

Then you look at the EU document itself - and it is long , technical, and difficult to interpret -
which is disturbing. 

In reality it is a Treaty. And they would have been better off caliing it that to begin with. The old mistake was made - promising more than could be delivered. 

</description>
		<content:encoded><![CDATA[	<p>I think a lot of you have touched on a key point &#8211; calling it a constitution makes a difference &#8211; it changes expectations.</p>

	<p>People expect a constitution to be a clear statement of rights, values, or something similar.</p>

	<p>Then you look at the EU document itself &#8211; and it is long , technical, and difficult to interpret &#8211; which is disturbing.</p>

	<p>In reality it is a Treaty. And they would have been better off caliing it that to begin with. The old mistake was made &#8211; promising more than could be delivered.</p>


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		<title>By: jet</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75204</link>
		<dc:creator>jet</dc:creator>
		<pubDate>Thu, 16 Jun 2005 15:27:58 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75204</guid>
		<description>Bi,
Treaties are quite malleable.  Constitutions are less so. </description>
		<content:encoded><![CDATA[	<p>Bi,<br />
Treaties are quite malleable.  Constitutions are less so.</p>
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		<title>By: Billings</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75189</link>
		<dc:creator>Billings</dc:creator>
		<pubDate>Thu, 16 Jun 2005 13:47:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75189</guid>
		<description>Bi-guy resorting to abuse as usual. But it&#039;s gotta be frustrating being out-thought all the time. Might be time for him for the Tarzan yell and beating his chest about his atheism.</description>
		<content:encoded><![CDATA[	<p>Bi-guy resorting to abuse as usual. But it&#8217;s gotta be frustrating being out-thought all the time. Might be time for him for the Tarzan yell and beating his chest about his atheism.</p>
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		<title>By: bi</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75173</link>
		<dc:creator>bi</dc:creator>
		<pubDate>Thu, 16 Jun 2005 12:22:15 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75173</guid>
		<description>Erm, Dan Simon, the crucial part of that longish document consisted of &quot;treaties that have already been in force for years&quot;. What kind of open process do you propose in order to copy down words that have been around long ago?

In short: get a clue. And a brain, while you&#039;re at it.</description>
		<content:encoded><![CDATA[	<p>Erm, Dan Simon, the crucial part of that longish document consisted of &#8220;treaties that have already been in force for years&#8221;. What kind of open process do you propose in order to copy down words that have been around long ago?</p>

	<p>In short: get a clue. And a brain, while you&#8217;re at it.</p>
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		<title>By: MollyMooly</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75158</link>
		<dc:creator>MollyMooly</dc:creator>
		<pubDate>Thu, 16 Jun 2005 08:09:05 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75158</guid>
		<description>It&#039;s one thing to start with a simple Constitution and, over 200 years, accumulate a corpus of statutes and other instruments, all required from birth to be compatible with it.  It&#039;s quite another thing to start with 50 years of treaties and directives, and then try to reverse engineer a constitution with which they are all compatible.  They should have done what Ireland did at independence: drafted a short constitution, and said &quot;all existing laws remain in force, except insofar as they are incompatible with this constitution&quot;.  Come to think of it, Lord d&#039;Estaing, hasn&#039;t the Napoleonic Code survived the subsequent constitutions of a Kingdom, 4 Republics and an Empire? </description>
		<content:encoded><![CDATA[	<p>It&#8217;s one thing to start with a simple Constitution and, over 200 years, accumulate a corpus of statutes and other instruments, all required from birth to be compatible with it.  It&#8217;s quite another thing to start with 50 years of treaties and directives, and then try to reverse engineer a constitution with which they are all compatible.  They should have done what Ireland did at independence: drafted a short constitution, and said &#8220;all existing laws remain in force, except insofar as they are incompatible with this constitution&#8221;.  Come to think of it, Lord d&#8217;Estaing, hasn&#8217;t the Napoleonic Code survived the subsequent constitutions of a Kingdom, 4 Republics and an Empire?</p>
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		<title>By: abb1</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75153</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Thu, 16 Jun 2005 05:49:07 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75153</guid>
		<description>Oh, Mill, for chrissake, can&#039;t a guy make a wisecrack anymore without being called on it? 

OKay, that &quot;Granny D&quot; woman from NH was supposedly arrested for &#039;for calmly reciting the Bill of Rights in the U.S. Capitol building&#039;; obviously it was a publicity stunt on her part, but she did manage to get arrested. </description>
		<content:encoded><![CDATA[	<p>Oh, Mill, for chrissake, can&#8217;t a guy make a wisecrack anymore without being called on it?</p>

	<p>OKay, that &#8220;Granny D&#8221; woman from NH was supposedly arrested for &#8216;for calmly reciting the Bill of Rights in the U.S. Capitol building&#8217;; obviously it was a publicity stunt on her part, but she did manage to get arrested.</p>
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		<title>By: ogmb</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75149</link>
		<dc:creator>ogmb</dc:creator>
		<pubDate>Thu, 16 Jun 2005 01:57:04 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75149</guid>
		<description>&lt;i&gt;“It is not possible for anyone to understand the full text.”&lt;/i&gt;

This is not the reason why they shouln&#039;t have sent it out, it&#039;s the reason why they should have ditched it in the first place. The very first test a Constitution must pass is that it comprehensible to the people it governs.</description>
		<content:encoded><![CDATA[	<p><i>&#8220;It is not possible for anyone to understand the full text.&#8221;</i></p>

	<p>This is not the reason why they shouln&#8217;t have sent it out, it&#8217;s the reason why they should have ditched it in the first place. The very first test a Constitution must pass is that it comprehensible to the people it governs.</p>
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		<title>By: Mill</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75148</link>
		<dc:creator>Mill</dc:creator>
		<pubDate>Thu, 16 Jun 2005 00:34:21 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75148</guid>
		<description>Hey abb1, got a source backing that claim up? Slightly intrigued here.</description>
		<content:encoded><![CDATA[	<p>Hey abb1, got a source backing that claim up? Slightly intrigued here.</p>
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		<title>By: soru</title>
		<link>http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/comment-page-1/#comment-75147</link>
		<dc:creator>soru</dc:creator>
		<pubDate>Thu, 16 Jun 2005 00:18:33 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/06/15/not-in-front-of-the-children/#comment-75147</guid>
		<description>As I understand it, the core problem is they wrote an updated treaty, and then one day thought &#039;wouldn&#039;t it be cool if we called this treaty a constitution&#039;?

soru</description>
		<content:encoded><![CDATA[	<p>As I understand it, the core problem is they wrote an updated treaty, and then one day thought &#8216;wouldn&#8217;t it be cool if we called this treaty a constitution&#8217;?</p>

	<p>soru</p>
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