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The Gaffer's Philosophy;
Part 11: Amendments Concluded:
May 27, 2002:
In this essay, I want to continue with the amendments to our constitution.
I consider the first ten amendments, comprising what we call the
Bill of Rights, to be most important. I have covered the first
six in previous essays. The remaining four, though important,
are a straight forward and not particularly controversial. Even
though they have been violated by government agencies on occasion,
they have never really suffered serious challenge. Most of the
remaining amendments were added to clarify details of law. To
be sure, one amendment was particularly silly and had to be nullified
by another amendment.
The Seventh Amendment is our guarantee of trial by jury. It is very straightforward and there is nothing to add to it. Here it is.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
The Eighth Amendment, like the seventh is another of our founder's reaction to the highhanded English rule.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
I like amendment nine and ten because they nip an anticipated problem in the bud, so to speak. The fact that some rights are not spelled out in the constitution does not mean they do not exist. Without that, I can visualize some political hacks using our constitution in a very negative and unintended way to oppress the citizens. Can you picture some attorney general saying, "The constitution does not give you a right to criticize me,"? Here is the Ninth Amendment.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Here is the Tenth Amendment.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The remaining amendments were intended to correct errors, clarify points in law, curb certain powers, and guarantee additional rights. Five of these I consider to be very important. These are amendments thirteen, fifteen, sixteen, nineteen, and twenty six. The purpose of these is obvious.
Amendment Thirteen
Section 1. Neither slavery nor involuntary servitude, except as
a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Amendment Fifteen
Section 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any
state on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment Sixteen
The Congress shall have power to lay and collect taxes on incomes,
from whatever source derived, without apportionment among the
several states, and without regard to any census of enumeration.
Amendment Nineteen
The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any state on account
of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment Twenty Six
Section 1. The right of citizens of the United States, who are
18 years of age or older, to vote, shall not be denied or abridged
by the United States or any state on account of age.
Section 2. The Congress shall have the power to enforce this article by appropriate legislation.
Finally, we have the one amendment which was conspicuous for its silliness, followed by the amendment which repealed it.
Amendment Eighteen
Section 1. After one year from the ratification of this article
the manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof
from the United States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
Amendment Twenty One
Section 1. The eighteenth article of amendment to the Constitution
of the United States is hereby repealed.
Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
There may be those who would take exception to my analysis of what is and is not important as concerns amendments. In that sense, I will say that only the eighteenth was unnecessary. The rest belong, but the are not particularly controversial and they deal with the resolution of technical details. Still, I urge everyone who reads this to find a copy of the constitution and read it through. That is what I did.
Remember, this is the basis of our democracy. If you do not know the law of the land, you cannot very well protect your rights or serve your country. You owe it to yourself, to your family, and your community to know your rights. That is just a small part of your responsibility. There is a great deal more to our personal responsibility which we have been shirking. I intend to get into that in the near future.
Next time, I want to begin with a discussion of the first Americans.
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