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I have been reading a lot about the constitution lately. Obviously most Americans herald the Constitution as a great triumph of liberty. And as we know, all government officials are sworn to uphold the constitution.
So as I read through the constitution, and the amendments to the constitution. I have found myself wondering, if the states were to ratify the original constitution today, would we? Secondly, would we ratify all of the subsequent amendments?
Well, I personally believe the original constitution would be ratified again. And I believe the majority of the rest of the amendments would also be adopted as they are(or at least incorporated into the original constitution).
But, there is one amendment that I feel pretty strongly would not be passed again right now if it was up for a vote. This amendment is the 14th amendment. The 14th amendment provides birthright citizenship, which is the primary foundation for immigration reform. The 14th amendment is also the center for debate over things like abortion rights, church in schools, second-amendment right to bear arms, and corporate personhood(among many others).
I have been reading a lot about the constitution lately. Obviously most Americans herald the Constitution as a great triumph of liberty. And as we know, all government officials are sworn to uphold the constitution.
So as I read through the constitution, and the amendments to the constitution. I have found myself wondering, if the states were to ratify the original constitution today, would we? Secondly, would we ratify all of the subsequent amendments?
Well, I personally believe the original constitution would be ratified again. And I believe the majority of the rest of the amendments would also be adopted as they are(or at least incorporated into the original constitution).
But, there is one amendment that I feel pretty strongly would not be passed again right now if it was up for a vote. This amendment is the 14th amendment. The 14th amendment provides birthright citizenship, which is the primary foundation for immigration reform. The 14th amendment is also the center for debate over things like abortion rights, church in schools, second-amendment right to bear arms, and corporate personhood(among many others).
So, knowing all the crazyness going on in the country right now with the tea-partiers and the Arizona immigration battle....
Do you believe that if the 14th amendment went before Congress in its current form, that it would be passed and ratified again by the states?
No, nor do I think that 9 of the first 10 amendments would pass, as the public has become dumbed down and easily whipped into fear and paranoia and an authoritarian culture has taken root in the US. The only one of the amendments which make up the Bill of Rights that would pass today would be the 3rd, mainly because there's no interest group in favor of forcing the quartering of British soldiers in American residences (though I suppose some American women would love to have Wills and Harry quartered where they live). Of the other earlier amendments, the 11th might pass. The 13th would pass just because it's pretty universally agreed upon that slavery's a bad thing.
Do you believe that if the 14th amendment went before Congress in its current form, that it would be passed and ratified again by the states?
I don't have the slightest doubt that the heart of the 14th Amendment would be sustained
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No, nor do I think that 9 of the first 10 amendments would pass, as the public has become dumbed down and easily whipped into fear and paranoia and an authoritarian culture has taken root in the US. The only one of the amendments which make up the Bill of Rights that would pass today would be the 3rd, mainly because there's no interest group in favor of forcing the quartering of British soldiers in American residences (though I suppose some American women would love to have Wills and Harry quartered where they live). Of the other earlier amendments, the 11th might pass. The 13th would pass just because it's pretty universally agreed upon that slavery's a bad thing.
Well lets go over them.
Amendment 1 - Freedom of Religion, Press, Expression - Would pass, it is the just too important.
Amendment 2 - Right to Bear Arms - Might not pass, it would be difficult to get it ratified in 3/4ths of the states.
Amendment 3 - Quartering of Soldiers - Would pass, but doesn't matter
Amendment 4 - Search and Seizure - Would pass, but with some resistance from neo-cons and their ilk.
Amendment 5 - Trial and Punishment, Compensation for Takings - Would pass
Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses - Would pass
Amendment 7 - Trial by Jury in Civil Cases - Would pass
Amendment 8 - Cruel and Unusual Punishment - Would pass
Amendment 9 - Construction of Constitution - Would pass
Amendment 10 - Powers of the States and People - Would pass
Amendment 11 - Judicial Limits - Would pass
Amendment 12 - Choosing the President, Vice President - Would pass
Amendment 13 - Slavery Abolished - Would pass
Amendment 14 - Citizenship Rights - Would not pass, not a single part. While people enjoy their protections, most states have too much interest in preventing the usurpation of their sovereignty by judicial review. And the birthright citizenship would definitely be ripped out.
Amendment 15 - Race No Bar to Vote - Would pass
Amendment 16 - Status of Income Tax Clarified - I do not believe this would pass, it is the foundation for the federal income tax.
Amendment 17 - Senators Elected by Popular Vote - Would pass
Amendment 18 - Liquor Abolished - Wouldn't pass, but is superceded by 21st amendment
Amendment 19 - Women's Suffrage - Would pass
Amendment 20 - Presidential, Congressional Terms - Would pass
Amendment 21 - Amendment 18 Repealed - Would pass
Amendment 22 - Presidential Term Limits - Would pass
Amendment 23 - Presidential Vote for District of Columbia - Would pass
Amendment 24 - Poll Taxes Barred - Would pass
Amendment 25 - Presidential Disability and Succession - Would pass
Amendment 26 - Voting Age Set to 18 Years - Would pass
Amendment 27 - Limiting Changes to Congressional Pay - Would pass
In my opinion. That leaves the 2nd, 14th, and 16th amendment as the only amendments that might not be part of the constitution today if there was a revote.
The second amendment I still think would pass, but possibly needing a slight change in wording to prevent people from owning tanks, grenades, rocket launchers, assault rifles, etc. Most states support gun rights, only a handful of cities have ever tried to ban guns.
The 16th amendment is for the federal income tax. In the beginning this tax was always aimed at the very wealthiest of Americans(which is why it had so much support). But since the vast majority of Americans absolutely despise the income-tax, it is questionable. But many Americans have become too aquainted with entitlements to risk losing them without it. So it could still pass.
The 14th amendment, I do not believe any single part of it would pass. The birthright citizenship would definitely not make it. And while most Americans appreciate the equal protections clause. This clause also hands over all state sovereignty to the federal government. Many states who are currently arguing over things like Church in school, abortion, creationism taught in school, immigration, gays, gun rights, etc. Will be adamantly opposed. I do not believe the equal protections section would be accepted.
And the other four sections are sort of unnecessary.
Yes the 14th would pass and it would pass (in all context) as it goes to fill the GAP that the constitution left open; how one is considered a Citizen of the United States.
Anyone who has voted "no" on this poll is seriously out of touch with history.
Yes the 14th would pass and it would pass (in all context) as it goes to fill the GAP that the constitution left open; how one is considered a Citizen of the United States.
Anyone who has voted "no" on this poll is seriously out of touch with history.
The constitution did not leave a GAP open. This "GAP" was intentional. It would be as if you said that the founding fathers left a "gap" open for universal healthcare or gay marriage. The original intent of this nation was not to have a strong federal government. And having citizenship in any state in this country was the equivalent of having American citizenship.
I don't think you understand the original intent of this nation, and how the 14th amendment fundamentally changed this country from a nation of sovereign states, to a single sovereign nation.
If you pay any attention to states like Texas, Alaska, and even Vermont talking of secession. If you didn't notice that states across this country passed 10th amendment resolutions, that would declare to nullify any federal law that they deem unconstitutional. If you don't see the continuing discussion of states rights. And then remember, to pass an amendment would require 39 states to ratify said amendment. That would mean there would need to be no more than 11 states that would oppose turning over their right to bear arms to interpretation by the supreme court. That would mean no more than 11 states would oppose birthright citizenship to illegal immigrants. That would mean no more than 11 states would oppose the supreme court deciding things such as church in schools, the pledge of allegiance, and abortion rights.
I could name off more than 11 states that wouldn't sign on simply because of the birthright citizenship clause.
Let alone that it would require 67 votes to pass in the senate.
The 14th amendment would never, never pass as it is right now. Too many states would love to go back to being sovereign nations. Too many states oppose birthright citizenship. And too many states are tired of being bullied by the federal government.
The 14th would not be passed today as is without clarification of the illegals brats. They would not be given citizenship because their parents are involved in a crime against the US. Tech wise, it is that way, but it would be very clear before it could have a chance of passing.
The constitution did not leave a GAP open. This "GAP" was intentional. It would be as if you said that the founding fathers left a "gap" open for universal healthcare or gay marriage. The original intent of this nation was not to have a strong federal government. And having citizenship in any state in this country was the equivalent of having American citizenship.
WHAT the heck are you talking about?
What part of my reply stated any of your "rant".
I did not mention gap
I did not mention anything about healthcare or gay marriage.
Yes the 14th would pass and it would pass (in all context) as it goes to fill the GAP that the constitution left open; how one is considered a Citizen of the United States.
Anyone who has voted "no" on this poll is seriously out of touch with history.
I disagree. Many of the things were passed in that era could not have passed had it not been for the South in rebellion and then Reconstruction governments in the South.
I don't think it could've been passed even then let alone now.
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