A More Perfect Union: What We the People Can Do to Reclaim Our Constitutional Liberties

by Carson MD, Ben

  EIGHTH AMENDMENT

  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  This provision protects citizens from judges who might set bail in an amount far beyond what is reasonable or possible for the defendant to pay. An unfair judge might also be tempted to impose excessive fines in order to cripple a person financially. This amendment prevents that kind of abuse.

  The Eighth Amendment also protects against physical abuse. Almost every American knows that our system protects us against cruel and unusual punishment. That means authorities are not allowed to use torture or “creative” forms of punishment. Even individuals who have committed capital crimes and have been given the death penalty are entitled to death in a manner that does not produce excessive pain or suffering, even though many might want to see them suffer greatly.

  NINTH AMENDMENT

  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

  The writers of the Constitution were well aware of the fact that they could not possibly list every important citizens’ right that might need to be considered in the future. For this reason they included the Ninth Amendment, which states that just because a right is not covered in the Constitution or Bill of Rights does not mean the right is invalid.

  TENTH AMENDMENT

  The powers not delegated to the United States by the Constitution, not prohibited by it to the States, are reserved to the States respectively, or to the people.

  The Tenth Amendment is there to help the federal government keep itself in perspective. It reminds the three branches of our federal government that they have specific enumerated powers and that they are not allowed to arbitrarily usurp the powers vested in the state governments. If the Constitution does not list a certain power as belonging to the federal government, that power belongs to the states or to the people.

  By emphasizing the power of the states in this amendment, our founders hoped to keep the size and power of the federal government under control while enhancing the individuality and power of each state. Each of our fifty states has its own unique characteristics, and people reside in a given state because they enjoy the atmosphere and the camaraderie of like-minded people. The individuality of our states is immensely valuable and provides a host of options for all of our citizens, who can freely move to any state of their choice. If the federal government becomes too dominant, it will try to create uniformity to make domination of the people much easier. This amendment prevents that kind of power grab.

  This amendment also recognizes that significant power should remain in the hands of the people. In some cases states initiate ballot referenda, putting controversial issues up for a vote so that the people can decide. In recent years some federal judges have taken it upon themselves to overrule the will of the people, changing or negating the outcomes of their votes in some cases. They will continue to do this and may even become more aggressive if their power is not challenged by the people through their congressional representatives.

  There will likely always be tension among the federal government, the state government, and the people. This is probably healthy and was anticipated by the founders, who tried to establish a balance of power between the federal government and the states.

  GOING FORWARD

  The Bill of Rights was ratified in 1791 in response to fears of the Anti-Federalists that the central government would become too powerful and usurp the rights of the people. As long as we the people know and exercise our rights, we will always maintain our freedom. We must never allow ourselves to be silenced by law or by things like political correctness or other social pressures, for it is open discussion that upholds our Bill of Rights and allows progress in a pluralistic society.

  CHAPTER 14

  LATER AMENDMENTS

  “Joyful is the person who finds wisdom, the one who gains understanding. For wisdom is more profitable than silver, and her wages are better than gold.”

  Proverbs 3:13–14

  In medicine we frequently use the initials prn, short for the Latin pro re nata, or “as the situation demands.” All of the amendments added after the Bill of Rights are prn. As the nation has faced new challenges not sufficiently addressed in the Constitution, legislators have used the constitutional amendment process to rectify the problems as the changing times required.

  ELEVENTH AMENDMENT

  The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

  This amendment was added to clarify the role of the federal courts in interstate disputes. Many felt that disputes between entities in different states should be settled in the federal courts. As the United States grew in size and complexity, such an arrangement would have overwhelmed the federal court system. The Eleventh Amendment makes it clear that persons or entities that are foreign to a state or to our nation are not entitled to use the federal court system to sue that state or our nation. They may bring such a lawsuit only in state court in the state where the alleged infraction or injury occurred.

  TWELFTH AMENDMENT

  The Twelfth Amendment is lengthy and provides the nuts and bolts of how the Electoral College operates in presidential elections. The electoral process, covered in an earlier chapter, was convoluted and deeply confusing before this amendment improved the process. This amendment did away with the system of the president and vice president being the two candidates with the most votes, because it had become apparent that two rivals were not the best team. This amendment also makes it clear that the vice president must have the same qualifications as the president, which makes sense, given that the president could become incapacitated or die at any time and the vice president would have to take his place.

  There are many who are unhappy with the existence of the Electoral College and would prefer to have the presidential election decided by popular vote. There are a couple of historical instances where this would have resulted in the election of a different president. This topic warrants further discussion, because circumstances have changed significantly in this country since the Electoral College system was established.

  THIRTEENTH AMENDMENT

  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.

  Congress shall have power to enforce this article by appropriate legislation.

  The Thirteenth Amendment ended slavery and involuntary servitude in the United States and all of its territories. Many other nations, including England, had already ended slavery several years earlier, but it took a civil war to end slavery in America, because it was a huge part of our economic strength. This amendment also gave the federal government the power to ensure that involuntary servitude of any type never returned, with the exception of forced labor by convicted criminals.

  The sex-slavery industry that operates in America today is clearly in violation of the Constitution. Those who force children into onerous uncompensated labor are also on unconstitutional ground under this amendment. These activities are clearly immoral and illegal, and we must work to see that they are eliminated.

  FOURTEENTH AMENDMENT

  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.

  Under this amendment a child born in the United States i
s a citizen of the United States even if the child’s parents are not citizens. In many countries of the world this is not the case, but at the time we enacted this law, we were trying to attract more citizens to build up our population.

  This amendment was actually designed to establish and preserve the rights of former slaves as full-fledged citizens of the United States. After the slaves were emancipated, some officials tried to relegate former slaves to a status inferior to that of ordinary citizens. Unfortunately, many of these immoral people were able to get away with their cruel acts and decrees, but at least such efforts were made illegal by this amendment.

  This amendment also prevents states from infringing the right of any United States citizen to life, liberty, or property. Without these kinds of specifically enumerated rights for citizens, rogue judges and other civil authorities could enrich themselves at the expense of their fellow citizens.

  This amendment also requires that all United States citizens be treated equally. This means no one group should be favored over another and laws must be applied equally to everyone. When leaders from any party decide on their own which laws to enforce and which to ignore, they are in danger of constitutional violations.

  Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

  This amendment is a prime example of legal maneuvering to prevent exploitation of former slaves. The Northerners knew that the Southern Democrats would likely try to deny the freed slaves the fair opportunity to vote. Part of the rationale for the formation of the Republican Party was the abolition of slavery. The Republicans were also active in trying to protect the rights of freed slaves. The Democrats, recognizing that the Northern Republicans were much more likely than they to attract the votes of the former slaves, feared losing power. By penalizing the Southern Democrats for fraudulent voting maneuvers, this amendment diminished some of the unfair activity.

  No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

  This amendment was strictly a punitive measure to ensure that officials who had sworn allegiance to the Constitution but then joined the Confederacy would not again be able to hold public office. It remains relevant today, because there are American citizens who are joining terrorist groups that are considered enemies of America. Some of them have been captured and others will be captured later. This amendment precludes them from important public service without exceptional action by Congress.

  The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

  The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

  Substantial debts were incurred by both sides during the Civil War. Clearly everyone wanted to be repaid for loans they had made to the federal government, and this law allowed the federal government to pay Union debts while essentially declaring Confederate debts nonpayable. This and other governmental actions severely hampered any actions on behalf of the Southern slave owners to reestablish power through financial strength.

  Unfortunately, this amendment has been used as justification of expanding federal debt without need for explanation. It is unlikely that the authors of this amendment knew that it would eventually result in the potential bankruptcy of the nation.

  FIFTEENTH AMENDMENT

  The right of the 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.

  The Congress shall have power to enforce this article by appropriate legislation.

  The Fourteenth Amendment established that former slaves born in the United States would be citizens of the United States, but Southern Democrats were adamantly opposed to allowing their former slaves to be equal to them in civic power. They attempted to use legal maneuvers to circumvent the Fourteenth Amendment and obliterate the voting rights of black men. The Fifteenth Amendment was necessary to protect the rights of these new voters.

  It is easy for us today to criticize those self-centered individuals in the past who tried to disenfranchise the freedmen. Unfortunately, our society is still plagued by people who propose and enforce policies that encourage the descendants of the freedmen to accept a state of social dependency. People in such a state tend to be much easier to manipulate than people who are independent and well educated. Therefore, with a few perks and promises, their votes can be cultivated, creating a significant power base. Manipulative people convince them that others are responsible for their misery and that they should be grateful for the aid being provided by their saviors.

  There are others on the other side of the political spectrum, although few in number, who try to disenfranchise minority voters by putting obstacles in their way. As a society we must always do all that we can to ensure the voting rights of every citizen.

  SIXTEENTH AMENDMENT

  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 or enumeration.

  It would be difficult to operate the federal government without a steady and dependable source of income. The Sixteenth Amendment was passed to ensure that the federal government could tax virtually any source of income within the United States in order to meet its fiscal obligations. Prior to its passage, a hodgepodge of methods were used to collect money from citizens for the purpose of running the government. None of these worked very well. This amendment laid the groundwork for some consistency in taxation.

  SEVENTEENTH AMENDMENT

  The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

  When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

  This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

  This amendment changed the procedure for t
he election of senators. Over time it had become clear that having U.S. senators be elected by their respective state legislatures increased corruption. Wealthy individuals who wanted a seat in the Senate could bribe members of the state legislatures to vote for them. To prevent the buying and selling of Senate seats, the Constitution was amended to require senators to be chosen through general elections, with interim senators to be appointed by the state’s governor in cases of emergency. The new procedure decreased cronyism and increased accountability. When dependent upon the goodwill of the voters, senators became more responsive to the will of the people and represented them better.

  EIGHTEENTH AMENDMENT

  The Eighteenth Amendment was also known as the prohibition amendment. It prohibited the manufacture and sale of alcoholic beverages in the United States. That, of course, led to a huge black market and a massive increase in violent crime. All three sections of this amendment were repealed by the Twenty-first Amendment.

  NINETEENTH AMENDMENT

  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.

  This amendment, ratified in 1920, finally gave women the right to vote in America. It is sobering to realize that the United States of America, today a bastion of liberty and justice, was so backward in its thinking less than a century ago. Fortunately, we have made tremendous progress in political freedom for women in a relatively short period of time. But we should not rest; we should elect wise and vigilant legislators who will notice any other failures and propose appropriate remedies.