Crazy Amendments That Almost Were

One of the enduring features of our Constitution is its flexibility. At the time of its ratification, the population of the United States was around 4 million and today that population exceeds 309 million. Since its adoption the Constitution has only changed 27 times! Actually, since 1791 (with the inclusion of the Bill of Rights) it has only changed 16 times. That is an amazing fact considering the changes in technology, infrastructure, population, etc. in this country in more than 200 years.

The framers of the Constitution realized that no document could cover all of the changes that would take place to ensure its longevity. In order for an amendment to be passed, a number of steps must be taken as outlined in Article V. The article provides for two methods for the proposal and two methods for the ratification of an amendment. An amendment may be proposed by a two-thirds vote of the House of Representatives and the Senate or a national convention called by Congress at the request of 2/3 of the state legislatures. The latter procedure has never been used. The amendment may then be ratified by 3/4 of the state legislatures (38 states) or special conventions called in 3/4 of the states. The 21st amendment was the only one to be adopted in this way. However, it is the power of Congress to decide which method of ratification will be used.

The time limit for the ratification process of seven years was first applied to the Eighteenth Amendment, and the decision concerning a “reasonable” time period for ratification is determined by Congress according to the Supreme Court case Coleman v. Miller, 307 U.S. 433 (1939). There have been close to 10,000 amendments proposed in Congress since 1789, and only a fraction of a percentage of those receive enough support to actually go through the constitutional ratification process. The success rate of an amendment to become part of the Constitution is less than 1%.

The following is a very limited list of some of those proposed amendments that never left the halls of Congress:

1876: an attempt to abolish the United States Senate

1876: the forbidding of religious leaders from occupying a governmental office or receiving federal funding

1878: an Executive Council of Three should replace the office of President

1893: renaming this nation the “United States of the Earth”

1893: abolishing the United States Army and Navy

1894: acknowledging that the Constitution recognizes God and Jesus Christ as the supreme authorities in human affairs.

1912: making marriage between races illegal

1914: finding divorce to be illegal

1916: all acts of war should be put to a national vote. Anyone voting yes had to register as a volunteer for service in the United States Army

1933: an attempt to limit the personal wealth to $1 million

1936: an attempt to allow the American people to vote on whether or not the United States should go to war

1938: the forbidding of drunkenness in the United States and all of its territories

1947: the income tax maximum for an individual should not exceed 25%

1948: the right of citizens to segregate themselves from others

1971: American citizens should have the alienable right to an environment free of pollution.

Swearing In: A Brief History

At noon on January 20th President Barack Obama will place his left hand on a velvet bound bible, Lincoln's Bible. The same bible was used by The Great Emancipator for his swearing in. He will raise his right hand and repeat after Chief Justice John Roberts these words from Section 1 of the Second Article of the U.S. Constitution: 

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

As a speech, it's short and to the point. As a symbol of the duties of public office, it's momentous. Bibles have been used to consecrate oaths for hundreds of years: they've had a role in the coronation of British monarchs since the 11th century. Swearing on Scripture in courts of law dates back to 300 B.C.

While most presidential oaths have been administered by the Chief Justice--Roger Taney swore in seven Commanders in Chief, a record--it's not required. Calvin Coolidge's father, a notary public, presided over one of his son's two oaths, in 1923. Presidents can choose to affirm instead of swear (although only one has: the devout Franklin Pierce). And most have added "So help me God" at the end, as George Washington is believed to have done, though historians now dispute it. Several Presidents, including George W. Bush, were sworn in on the Washington Bible, a 10-lb. volume belonging to a New York Freemasons' society. John Quincy Adams, to keep a barrier between church and state, was sworn in on a book of U.S. laws. Harry S Truman used two Bibles in 1949--one, a gift from friends; the other, the one he used in his 1945 Inauguration. No matter what book or how many, an oath is an oath: the swearer is officially considered President from that moment on. 

Constitutional 'Did you know's?'

Things That Are Not In the Constitution

Have you ever heard someone say: "That's my constitutional right!" or "That's unconstitutional!" and wondered if they were right? You'd be surprised how often people get it wrong. You might also be surprised how often people get it right. The best defense against misinformation has always been to be informed and when it comes to the constitution your best argument is the constitution. 

In the coming weeks ACN will be offering a regular series on what the constitution says about hot topics that are commonly used in debates. From the right to privacy and the right to vote to God there are quite a few topics that have been left out of the constitution.  

The Air Force

The Constitution was ratified in 1787, long before the advent of the airplane. In Article 1, Section 8 it provides specifically for a navy and an army. Though the framers were aware of lighter than air flying craft they could not have reasonably provided an Air Force. In addition to having no provision about the Air Force there is nothing pertaining to the other uniformed forces, the Marines and the Coast Guard. The Marines however, as an arm of the Navy, could be excepted; and the Constitution does provide for "naval forces", and the Coast Guard could thus be excepted. How then do we except the Air Force? The first way is via common sense — the Framers certainly did not intend to preclude the use of new technology in the U.S. military, and because of the varied roles of the Air Force, it makes sense for it to be a separate branch. The second (and less desirable) way is historical — the Air Force originated as the Army Air Corps, an arm of the Army, similar to the Navy/Marine relationship. Basically unless your interpretation of the Constitution freezes in 1789, the Air Force is a perfectly constitutional branch of the U.S. Military.