The
cure for the evils of democracy is more democracy!
H.
L. Mencken, Notes on Democracy, 1926
(ed. note: we understand
this is a long read, but we believe it essential and worth your investment of
time. )
President
Joe Biden repeated his contempt for the United States Constitution during his
visit to New York City on 2-3-22. In presenting his case for an assault on the second
amendment, he again spewed his vitriol that “no amendment is absolute.”
Our
exasperation at his ignorance has prompted us to address his idiocy with but a
single question.
Mr.
President, which of the following amendments do you believe is subject to your
warped view of the rights entrusted to the American people?
Our
thanks to ARCHIVE.GOV for supplying the actual composition and notes.
Again, Mr. President, all we ask is for you to pick
just one.
Amendment I
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of
the people peaceably to assemble, and to petition the government for a redress
of
grievances.
Amendment II
A well regulated militia, being necessary to the
security of a free state, the right of the
people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the
consent of the
owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and
effects, against
unreasonable searches and seizures, shall not be violated, and no warrants
shall issue, but
upon probable cause, supported by oath or affirmation, and particularly
describing the
place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a
presentment or indictment of a grand jury, except in cases arising in the land
or naval
forces, or in the militia, when in actual service in time of war or public
danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life
or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be
deprived
of life, liberty, or property, without due process of law; nor shall private
property be taken
for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial,
by an impartial jury of the state and district wherein the crime shall have
been committed,
which district shall have been previously ascertained by law, and to be
informed of the
nature and cause of the accusation; to be confronted with the witnesses against
him; to
have compulsory process for obtaining witnesses in his favor, and to have the
assistance
of counsel for his defense.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed
to deny or
disparage others retained by the people.
Amendment X
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.
Amendment XI
Passed by Congress March 4, 1794. Ratified
February 7, 1795.
Note: Article
III, section 2, of the Constitution was modified by amendment 11.
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.
Amendment XII
Passed by Congress December 9, 1803.
Ratified June 15, 1804.
Note: A
portion of Article II, section 1 of the Constitution was superseded by the 12th
amendment.
The Electors shall meet in their
respective states and vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons voted
for as Vice-President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the government of
the United States, directed to the President of the Senate; -- the President of
the Senate shall, in the presence of the Senate and House of Representatives,
open all the certificates and the votes shall then be counted; -- The person
having the greatest number of votes for President, shall be the President, if
such number be a majority of the whole number of Electors appointed; and if no
person have such majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But in
choosing the President, the votes shall be taken by states, the representation
from each state having one vote; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and a majority of all the
states shall be necessary to a choice. [And if the House of Representatives
shall not choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the Vice-President
shall act as President, as in case of the death or other constitutional disability
of the President. --]* The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority, then
from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be necessary
to a choice. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United States.
*Superseded by section 3 of the 20th amendment.
Amendmment XIII
Passed by Congress January 31, 1865.
Ratified December 6, 1865.
Note: A
portion of Article IV, section 2, of the Constitution was superseded by the
13th amendment.
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 XIV
Passed by Congress June 13, 1866. Ratified
July 9, 1868.
Note: Article
I, section 2, of the Constitution was modified by section 2 of the 14th
amendment.
Section 1.
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.
Section 2.
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.
Section 3.
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.
Section 4.
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.
Section 5.
The Congress shall have the power to
enforce, by appropriate legislation, the provisions of this article.
*Changed by section 1 of the 26th
amendment.
Amendment XV
Passed by Congress February 26, 1869.
Ratified February 3, 1870.
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 the power to
enforce this article by appropriate legislation.
Amendment XVI
Passed by Congress July 2, 1909. Ratified
February 3, 1913.
Note: Article
I, section 9, of the Constitution was modified by amendment 16.
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.
Amendment XVII
Passed by Congress May 13, 1912. Ratified
April 8, 1913.
Note: Article
I, section 3, of the Constitution was modified by the 17th 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.
Amendment XVIII
Passed by Congress December 18, 1917.
Ratified January 16, 1919. Repealed by amendment 21.
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 XIX
Passed by Congress June 4, 1919. Ratified
August 18, 1920.
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 XX
Passed by Congress March 2, 1932. Ratified
January 23, 1933.
Note: Article
I, section 4, of the Constitution was modified by section 2 of this amendment.
In addition, a portion of the 12th amendment was superseded by section 3.
Section 1.
The terms of the President and the Vice
President shall end at noon on the 20th day of January, and the terms of
Senators and Representatives at noon on the 3d day of January, of the years in
which such terms would have ended if this article had not been ratified; and
the terms of their successors shall then begin.
Section 2.
The Congress shall assemble at least once
in every year, and such meeting shall begin at noon on the 3d day of January,
unless they shall by law appoint a different day.
Section 3.
If, at the time fixed for the beginning of
the term of the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not have been
chosen before the time fixed for the beginning of his term, or if the President
elect shall have failed to qualify, then the Vice President elect shall act as
President until a President shall have qualified; and the Congress may by law
provide for the case wherein neither a President elect nor a Vice President
elect shall have qualified, declaring who shall then act as President, or the
manner in which one who is to act shall be selected, and such person shall act
accordingly until a President or Vice President shall have qualified.
Section 4.
The Congress may by law provide for the
case of the death of any of the persons from whom the House of Representatives
may choose a President whenever the right of choice shall have devolved upon
them, and for the case of the death of any of the persons from whom the Senate
may choose a Vice President whenever the right of choice shall have devolved
upon them.
Section 5.
Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this article.
Section 6.
This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years from the
date of its submission.
Amendment XXI
Passed by Congress February 20, 1933.
Ratified December 5, 1933.
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.
Amendment XXII
Passed by Congress March 21, 1947.
Ratified February 27, 1951.
Section 1.
No person shall be elected to the office
of the President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term to which
some other person was elected President shall be elected to the office of the
President more than once. But this Article shall not apply to any person
holding the office of President when this Article was proposed by the Congress,
and shall not prevent any person who may be holding the office of President, or
acting as President, during the term within which this Article becomes
operative from holding the office of President or acting as President during
the remainder of such term.
Section 2.
This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years from the
date of its submission to the States by the Congress.
Amendment XXIII
Passed by Congress June 16, 1960. Ratified
March 29, 1961.
Section 1.
The District constituting the seat of
Government of the United States shall appoint in such manner as the Congress
may direct:
A number of electors of President and Vice
President equal to the whole number of Senators and Representatives in Congress
to which the District would be entitled if it were a State, but in no event
more than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the purposes of the
election of President and Vice President, to be electors appointed by a State;
and they shall meet in the District and perform such duties as provided by the
twelfth article of amendment.
Section 2.
The Congress shall have power to enforce
this article by appropriate legislation.
Amendment XXIV
Passed by Congress August 27, 1962.
Ratified January 23, 1964.
Section 1.
The right of citizens of the United States
to vote in any primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any State by
reason of failure to pay any poll tax or other tax.
Section 2.
The Congress shall have power to enforce
this article by appropriate legislation.
Amendment XXV
Passed by Congress July 6, 1965. Ratified
February 10, 1967.
Note:
Article II, section 1, of the Constitution was affected by the 25th amendment.
Section 1.
In case of the removal of the President
from office or of his death or resignation, the Vice President shall become
President.
Section 2.
Whenever there is a vacancy in the office
of the Vice President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the
President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the
Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority
of either the principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President pro tempore of
the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of
his office, the Vice President shall immediately assume the powers and duties
of the office as Acting President.
Thereafter, when the President transmits
to the President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists, he shall
resume the powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department or of
such other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session, within twenty-one days
after Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President shall resume the powers and duties of his
office.
Amendment XXVI
Passed by Congress March 23, 1971.
Ratified July 1, 1971.
Note: Amendment
14, section 2, of the Constitution was modified by section 1 of the 26th
amendment.
Section 1.
The right of citizens of the United
States, who are eighteen years of age or older, to vote shall not be denied or
abridged by the United States or by any State on account of age.
Section 2.
The Congress shall have power to enforce
this article by appropriate legislation.
Amendment XXVII
Originally proposed Sept. 25, 1789.
Ratified May 7, 1992.
No law, varying the compensation for the
services of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.