The remaining amendments are a mixed
bag. Some make essential changes, some housekeeping. The Eleventh
solved a minor problem, precluding federal court jurisdiction in cases
against any state by citizens of another state, or foreigners. The
first important amendment was number Twelve, caused by the election of
1800.
Perhaps the greatest lie uttered by
anyone seeking the presidency was made by Aaron Burr. He agreed to
be vice president under Thomas Jefferson in 1800. The “ticket” of
Jefferson and Burr won. But Article II then provided that the leading
vote-getter in the Electoral College would be president, the runner-up,
vice president.
Since Burr and Jefferson tied, Burr
claimed the presidency, and sought to steal it through the House of Representatives,
which under the Constitution had to decide. Fortunately for history,
the House chose Jefferson. Promptly thereafter, the Twelfth Amendment
provided that the president and vice president would be separately balloted.
Amendments Thirteen, Fourteen and Fifteen
are the Civil War Amendments. The first abolished slavery.
The second has numerous applications today, of greater or lesser validity.
For instance, Fourteen guarantees “due
process” and “equal protection of the laws” to all citizens of every state.
Who are citizens? The language is “all persons born or naturalized
in the United States, and subject to its jurisdiction.” Section Five
of the Fourteenth Amendment appears in many others. “The Congress
shall have the power to enforce, by appropriate legislation, the provisions
of this article.”
So, the problem of pregnant aliens struggling
through the deserts of Arizona to have a baby in the United States, who
would be a birth-right citizen and help the whole family get into the United
States, is easily solved. Congress can BY LAW define such children
as “not subject to the jurisdiction,” just as it has historically for foreign
embassy personnel in D.C. That would solve this problem.
This is just one of many examples why
the people should read the Owner’s Manual, then demand that the press read
it, then demand that members of Congress read it, so public policies can
be correctly handled.
Amendment Fifteen provided that no citizens
should be denied the right to vote because of race. Other voting
Amendments are Nineteen, enfranchising women; Twenty-four, barring poll
taxes; and Twenty-six, lowering the voting age to 18.
Amendment Sixteen, thought to be a good
idea at the time, has had major, unintended consequences. During
the Civil War, Congress established an income tax to provide more money
for the war. The Supreme Court struck down the tax as unconstitutional,
because the Constitution barred any “direct Tax” except in proportion to
population. This Amendment, therefore, is the basis of the income
tax.
Congressional opponents of the tax had
the votes to cap it at 10%. They rejected this, because they thought
it might encourage the government to increase taxes to that level.
(Now there’s a quaint idea.) Many changes in the Constitution and
in court decisions have led to the current federal government which is
large, intrusive, expensive, and debt-ridden. None are more important
than the 16th Amendment.
The other amendment causing a radical
change in American government was the Seventeenth. This ended the
original design where senators were elected by the state legislatures,
to having them elected by popular vote. Senators then became national
figures, reporting to national constituencies and favoring national fund-raising,
rather than being the voices of the states in the federal government.
The Eighteenth Amendment, which created
Prohibition, and the Twenty-first, which ended it, are further proof that
Jefferson was right. Even when the people make a mistake, as with
Prohibition, the only proper source of sovereignty is in the people.
The Twentieth Amendment shortened the
“lame duck” period for Congress and the president, moving the swearing
in from March to January. It also allowed Congress to deal with untimely
death of the president before swearing-in. The Twenty-second Amendment
limited president and vice president to two terms. (Many states have
term limits on officials, creating what the framers called “rotation in
office.”)
Amendment Twenty-three gave the District
of Columbia three Electoral College votes. Amendment Twenty-five
covers replacement of the president in the event of death or disability.
The amendments altogether make a general
point: Every change made legitimately, through Article V with ratification,
respects the Constitution and popular sovereignty. Every “amendment”
which is made surreptitiously, by the Congress, the court or the president
without ratification, disrespects the Constitution and the people.
No one said this more clearly or more
elegantly than Thomas Jefferson in the Kentucky Resolutions of 1798:
“In questions of powers, then, let no
more be heard of confidence in man, but bind him down from mischief by
the chains of the Constitution.” |