On Tue, Jun 3, 2014 at 12:56 PM, Alberto G. Corona <agocor...@gmail.com>
wrote:

> Interesting.
>
> No, it does not require a Godelian mind neither a  average logician
> one to understand it:
>
> To amend the constitution there is a procedure in that constitution.
>
> If this procedure is followed, it is possible to change this article
> to this other: "every morning that our leader (or  the long term
> emergence UN commission for saving planet Earth)  wake up in the
> morning, the current constitution is amended by what he says that
> morning"
>
> That may be unrealistic there may be not enough votes to change it,
> but it can be the final outcome of gradual changes. For example, it is
> possible to subsidize the mass media in order to gain influence and
> more votes etc etc.so that the next election etc etc
>
> That is because a constitutional system can not work without an
> "spirit".. That is a unwritten part whose visible part is the
> preamble, where the values and loyalties and ideas that inspire the
> constitution  are expressed. But they can not be enforced by
> constitutional mechanism because they are personal values: how people
> must feel what people should like and what each one should be loyal
> to.
>
> That is the great flaw of constitutional systems based on "paper"
> formulas and automatic mechanisms.
>
> without that  unenforceable set of values and compromises, a
> constitutional system can derive to anything bad.
>

I mostly agree. In fact, I would argue that the hypothetical effectiveness
of the constitution as a vaccine against tyranny has already been
empirically falsified in the USA.


>
> That is the reason behind this famous statement:
>
>  "The liberal secular state lives on premises that it cannot itself
> guarantee"
>
> That was enunciated by  E.-W. Böckenförde
>

Ok, but why "liberal secular"? Is this not true of all states?

Telmo.


>
> 2014-06-03 11:32 GMT+02:00, Telmo Menezes <te...@telmomenezes.com>:
> > The famous Gödel Loophole on the US constitution. Seems to be the usual
> > logician "trick": apply a statement to itself :)
> >
> > http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2010183
> >
> > Best,
> > Telmo.
> >
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> Alberto.
>
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