Quote Originally Posted by Gistok View Post
You bring up a good point. What determines what should go into the constitution and what should not?

The age of drinking? The use of Schedule 1 illegal drugs, etc. We could have ended up with 100 Amendments to the Constitution if our politicians so desired.

The 18th Amendment prohibited Alcohol in 1919, and the 21st Amendment cancelled that out in 1933.

Looks like the last attempt at adding an amendment was the failed Equal Rights Amendment, which expired unratified in 1982.

Logically both major parties are in the same boat when it comes to adding amendments, instead using the legislative route for laws.
You are right except that laws cannot violate the Constitution unless the Supreme Court allows it. The Constitution gives states broad latitude to legislate powers not delegated to the federal government. States have every right to establish broad healthcare programs for instance although the federal government could amend the Constitution to do the same thing. In addition, states often agree on things among themselves like accepting each others professional credentials, licenses and in-state tuition rates. If 20 blue states each separately agreed to the same universal health care model and honoring each others plans, it would be another way of achieving universal healthcare without amendments or federal Republicans impeding it.

Another caveat is that the federal government has the final word on interstate and foreign matters. Eisenhower and Congress justified the interstate highway system as a defense project allowing military and other supplies to flow rapidly for in wars and national emergencies.