I’m no degreed scholar- I don’t even have a 4 year education, so why is it that I can dive into the ‘murky waters’ of the constitution and feel confident about what I find? Because the Constitution was crafted to be understood by AVERAGE people- not to be the exclusive territory of academia.
Many times the argument is brought up- “How can we follow such an outdated document? This ‘dead’ Constitution does not even address the INTERNET!”
Yet I, as a self made Constitutionalist, can explain this in terms that seem quite logical and intuitive if one understands the nature of our founding document.
SOPA (the ‘Stop Online Piracy Act’) is the epitome of what the Constitution was written to prevent. SOPA would have never even been considered if we still understood and followed the founders ideas as a people. This is not because of some specific mention of “mp3 pirates” or “broadband”, for anyone looking for such guidance in the Constitution is seeing things backwards.
Control of the web was never meant to be handed over to the Feds- I KNOW this, because it was not one of the enumerated powers. Aside from the 35 or so aspects of existence that the Feds are tasked with in the constitution- everything and I mean EVERYTHING else in the day to day lives of We the People are to be handled BY We the People in our respective states, in different ways appropriate for each.
The reason for this is can be put simply- something with the devastating potential that SOPA has to shred the economy as well as human rights should never be applied to all 300 million Americans. Does your state fear ‘bad people’ enough to let the government take over any URL? The constitution says “go right ahead”…just don’t take the other 49 states down with you!