After 230 years, our founding document is beginning to show signs of wear and tear. No, I’m not talking about the actual document housed in its sealed case, but instead the wear and tear its principles are undergoing as people are taught less and less about its true meaning and purpose and those who would prefer the absolute power to be corrupted absolutely take advantage of the situation they lent a hand in creating.
In the last few days before I wrote this we have had people who aired their grievances by protesting in the streets and creating a violent disturbance about a trail verdict they disagreed with, others who object to the placement of statues, monuments, and other historical markers they deem to be racist or inappropriate to the point of tearing them down, and a gathering of “juggalos” that emulates two men who call themselves the Insane Clown Posse demonstrating in the nation’s capital because the government believes they are a gang. (I’m not a rap fan so don’t ask me what they sing.) Believe it or not, of the three, the juggalos and juggalettes seem to be petitioning for a redress of their grievances in the most proper way. Whooda thunk it? [And, before you ask, I have drank some share of Faygo – to me (and a few others) rock n’ rye was the best flavor, although I think many are partial to the redpop.]
Now it’s not just the Bill of Rights that people are taking advantage of. Consider what the government of today, particularly Congress, does to “promote the general welfare,” and compare it to a paraphrase attributed by the Annals of Congress to then-Rep. James Madison: “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” As economist and pundit Walter E. Williams correctly surmises, “Any politician who bore true faith and allegiance to the Constitution would commit political suicide.” And never mind the so-called “deep state” of bureaucrats that Congress has, over the years, ceded more and more of its oversight power to.
Thus, we have created a federal judiciary system with judges who often value the emotion of the so-called “victims” of a law more than what the Constitution says (or doesn’t say) about it, with the backing of the easily interpreted intent of those who wrote it to help guide them. We have created an educational system where Washington has an outsized role – even though the vast majority of the funding is raised locally – and it too often teaches children about their “rights” (whether real or created out of whole cloth) but not their responsibilities. And we have created an enforcement arm that can taint broad swaths of people with the accusation of being engaged in criminal activity based simply on music they listen to and symbols associated with it. (And before you say that’s well-deserved, ask yourself if you reacted like that when it was the TEA Party being scrutinized for criminal activity because they disagreed with policy decisions.)
I certainly wish the Constitution well on its birthday, but truly believe that too few understand its role in shaping our national history. Anymore it seems that if the Constitution conflicts with what they want then they call it outdated or irrelevant, but if it happens to be on their side suddenly they’re the stoutest defenders.
Many years ago I suggested some amendments to the document, and perhaps this is a good time to revisit these ideas with a little updating as needed. We have gone 25 years without a change to the Constitution, which is the longest drought in over a century. Aside from the 13th to 15th amendments in the few years after the War Between the States, the Constitution was largely untouched in the 19th century. But after the 16th Amendment was adopted in 1913, there was a flurry of activity in the following two decades that brought us up to the 21st Amendment, which repealed the earlier 18th Amendment that brought Prohibition. Another peak of activity in the 1960s and early 1970s was primarily to address civil rights, although the 26th Amendment established a national voting age of 18. But since 1992, when it was codified that Congress couldn’t vote itself a raise in its present term (an old idea originally intended as part of the Bill of Rights) we have left the body at 27 amendments.
So this is my updated version.
If I were to ask for a Constitutional convention (allowed under Article V of the Constitution) I would ask for these amendments.
The Sixteenth and Seventeenth Amendments are hereby repealed, and the original Constitutional language in Article I, Section 2, Clause 3 and Article I, Section 3, Clauses 1 and 2 affected by these amendments restored.
Congress shall make no law that codifies discrimination for or against any person based on their race, religion, gender or gender identity, or sexual orientation. This Amendment shall also be construed to include a prohibition on Congress enacting additional criminal code or punishment solely based on these factors.
Section 1. With the exception of the powers reserved for Congress in Article 1, Section 8 of this document, funds received by the federal government shall be disbursed as prescribed in the federal budget to the States in accordance with their proportion of population in the latest Census figures. No restriction shall be placed on how the several States use these funds.
Section 2. Congress shall not withhold funds from states based on existing state laws.
The desired end result of these three amendments would be to restore state’s rights, make the government live within its means, and provide truly equal justice under the law. Naturally, I don’t foresee any of these passing in my lifetime (because, as I said, absolute power corrupts absolutely) but the idea still needs to be placed out there.