A healthy challenge for intellectual honesty: good and unconstitutional; constitutional and bad

Great Debates
1

Here’s the challenge (and hopefully fodder for debate):

Name one policy that you believe is a great idea but is unconstitutional, and one policy that you believe is a terrible idea that is constitutional. For the purposes of this thread, “constitutional” means you believe it is allowed under the U.S. Constitution, regardless of what courts have actually decided.

Good and unconstitutional: Donor disclosure requirements for campaign spending
Bad and constitutional: Federal prohibition on the personal use of marijuana

2

I’ll agree with your good and unconstitutional.

For me, bad and constitutional would be both the income tax and the direct election of Senators.

3

Good and unconstitutional: Banning Scientology, Neo-Nazis and the KKK
Bad and constitutional: Discrimination against LGBT people

4

I think most people understand that “unconstitutional” is not a synonym for “bad.” Slavery was once perfectly constitutional. When communities on both the left/right discuss a topic and someone points out a proposal is unconstitutional it’s usually brushed aside as a minor impediment, assumed that at some future time there will be enough popular support for amendments.

5

Good and unconstitutional: What does it mean if I can’t think of anything?
Bad and constitutional: ACA mandate as a tax.

6

Good and unconstitutional: Laws regulating gun ownership (not sure exactly what they are, but I’m thinking along the lines of what other countries do that don’t have the equivalent of our 2nd amendment).

Bad and constitutional: In God We Trust on our currency.
Also, I’ll see your marijuana and raise you cocaine.

7

Bad and constitutional: Kelo v. New London-style takings.

Good and unconstitutional: prohibition of abortion.

8

Good and unconstitutional: Make everyone obey me as undisputed King of America
Bad and constitutional: Private, for-profit prisons

9

Good and unconstitutional: Third term for Obama
Bad and constitutional: First term for Trump

/thread

10

Good and unconstitutional: Term limits on Congress.
Bad and constitutional: The tax code. All four million words of it.

11

You misspelled “bad.”

12

(maybe not the best or worst things, but I think my top answers were already given, so I’m trying to be a bit different here)

Good and unconstitutional: Poll tax (the 24th Amendment kind)

Bad and constitutional: The feds owning 65% of Utah (and similar percentages in other Western states)

13

Some very interesting ones.

To kick the challenge up a notch, you should try it with policies that are in active dispute in 2016.

14

I’ll see your marijuana and cocaine.

See you!

15

Good and un-Constitutional; Roe v. Wade.

Bad and Constitutional: Hate crime laws.

Regards,
Shodan

16

Bad and constitutional: Race based admission policies at state colleges.

17

These are impressive. I reckon very few people would list those policies in those slots. I award you 100 intellectual honesty points.

This is also a pretty unusual one. I think very few people believe affirmative action is allowed under the Equal Protection Clause, but that it’s bad. I award you 50 points.

Wait, what? You think Casey/Roe are (at least partially) correctly decided? Or am I misreading?

18

I’m afraid I cannot accept those points. I forgot the part about the OP where we had to believe it was in the constitution regardless of the how the SCOTUS ruled. I was going by current jurisprudence, not my own reading of the causation. I think some others may have made the same mistake.

19

25 intellectual honesty points for admitting your mistaken interpretation!

I’ll add some more…
**
Good and un-constitutional**: Required Miranda warnings
Bad and constitutional: Excluding refugees from countries impacted by certain levels of terrorism

20

Good and unconstitutional: secession(according to most)
Bad and constitutional: the military/standing army or judicial review