Quote:
Originally Posted by Giggleton
But what if one of the framers was a time traveling magician who went back in time to help write the first amendment.....
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Well,
that is a rather creative approach to constitutional law.
A more standard approach is: The ratifiers realized that the nation was going to meet conditions that could not possibly be predicted. Thus the Constitution needed to have a certain degree of flexibility, and allow future citizens to change the Constitution. They also realized that if this process was too easy, it might happen too often. The result is the current amendment process.
If our society genuinely concluded that copyright was categorically harmful and needed to be completely eradicated, then we can pass an amendment. Problem solved.