Four Consitutional Amendments proposed by JB

i hate to be the one to break it to an eminent historian such as yourself, but there were only 37 states in 1868. if you take out all 11 confederate states, the amendment, much like yourself, fails.


I hate to be the one to break to to an eminent Constitutional law scholar such as yourself - but It doesn't matter. If you take the view that the 11 confederate states' ratifications didn't count, then the ratifications of the 13 states that were admitted later would have caused the amendment to be ratified.

There were only 13 states when the 27th amendment was proposed in 1789 - it was ratified in 1992 when at least 3/4's of the number of states at the time (38 of 50) had ratified the amendment.

except the 14th was ratified in 1868, justice frankfurter.
have an adult explain the difference to you.

Yes, but if you had bothered to read the thread, you'd know I was responding to JB's claim that it wasn't. You have trouble following things, don't you?


JB claims the 11 confederate states' ratifications were not valid, due to them being forced to ratify the 14th. My point was that even if the 14th was illegal due to this, by present day time, more than 3/4 of all the states - even discounting all the former confederate states - have ratified it.
 
I hate to be the one to break to to an eminent Constitutional law scholar such as yourself - but It doesn't matter. If you take the view that the 11 confederate states' ratifications didn't count, then the ratifications of the 13 states that were admitted later would have caused the amendment to be ratified.

There were only 13 states when the 27th amendment was proposed in 1789 - it was ratified in 1992 when at least 3/4's of the number of states at the time (38 of 50) had ratified the amendment.

except the 14th was ratified in 1868, justice frankfurter.
have an adult explain the difference to you.

Yes, but if you had bothered to read the thread, you'd know I was responding to JB's claim that it wasn't. You have trouble following things, don't you?


JB claims the 11 confederate states' ratifications were not valid, due to them being forced to ratify the 14th. My point was that even if the 14th was illegal due to this, by present day time, more than 3/4 of all the states - even discounting all the former confederate states - have ratified it.

except that once the amendment is deemed ratified, there is no further voting, so once again, you fail.
 
except the 14th was ratified in 1868, justice frankfurter.
have an adult explain the difference to you.

Yes, but if you had bothered to read the thread, you'd know I was responding to JB's claim that it wasn't. You have trouble following things, don't you?


JB claims the 11 confederate states' ratifications were not valid, due to them being forced to ratify the 14th. My point was that even if the 14th was illegal due to this, by present day time, more than 3/4 of all the states - even discounting all the former confederate states - have ratified it.

except that once the amendment is deemed ratified, there is no further voting, so once again, you fail.

But if JB's argument is correct - that it wasn't legally ratified in 1868 - then it wasn't legally "deemed" ratified either. Stop being a fucking moron.
 
Yes, but if you had bothered to read the thread, you'd know I was responding to JB's claim that it wasn't. You have trouble following things, don't you?


JB claims the 11 confederate states' ratifications were not valid, due to them being forced to ratify the 14th. My point was that even if the 14th was illegal due to this, by present day time, more than 3/4 of all the states - even discounting all the former confederate states - have ratified it.

except that once the amendment is deemed ratified, there is no further voting, so once again, you fail.

But if JB's argument is correct - that it wasn't legally ratified in 1868 - then it wasn't legally "deemed" ratified either. Stop being a fucking moron.

take it up with JB, and stop whiining.
 
I'm all for #4.

We need term limits badly.

that is what the ballot box is for....

forcing experienced productive poltiticians out off office only serves to create a group of elected officials that have no experience and no clue what they are doing.....california's legislature is a classic example of this and the results have been a big mess.....
 
except that once the amendment is deemed ratified, there is no further voting, so once again, you fail.

But if JB's argument is correct - that it wasn't legally ratified in 1868 - then it wasn't legally "deemed" ratified either. Stop being a fucking moron.

take it up with JB, and stop whiining.
If you're going to butt into someone else's conversation, you might want to stop and think what the conversation is about.
 
I'm all for #4.

We need term limits badly.

that is what the ballot box is for....

forcing experienced productive poltiticians out off office only serves to create a group of elected officials that have no experience and no clue what they are doing.....california's legislature is a classic example of this and the results have been a big mess.....


I think the motivation of the term limit people is good - to put better people in office - its just that their method of doing it is piss poor.
 
IMHO, the reason our Constitution never set term limits was that they never invisioned professional politicians in lieu of citizens doing their patrotic duty to serve for a short time and thought that term limits would be determined thru the election process.

I agree

you have term limits....its called voting the guy out....

1) Americans are too stupid to have a free Republic

2)After 18 or 24 years in office, people have too many ties to big business and the media to allow for truly free campaigns and elections. Term limits help limit such corruption and prevent such entrenchment, which is why they were put in place regarding the presidency

Nothing exists in a vacuum. If you reduce the experience of the actual member, you increase the power of the congressional and committee staffs. How do you deal with that? All institutional knowledge would be held by the staff. (See Mr. Smith Goes to Washington for what that would look like).

I don't know that increasing staff power gets you where you want to go.
 
I hate to be the one to break to to an eminent Constitutional law scholar such as yourself - but It doesn't matter. If you take the view that the 11 confederate states' ratifications didn't count, then the ratifications of the 13 states that were admitted later would have caused the amendment to be ratified.

There were only 13 states when the 27th amendment was proposed in 1789 - it was ratified in 1992 when at least 3/4's of the number of states at the time (38 of 50) had ratified the amendment.


The Southern States had already been re-admitted and recognized. They were then effectively kicked out of Congress and recognition of their statehood was basically revoked (they refused to allow them to sit in Congress. There were no laws or acts enacted to make any of this legal) so the amendment could be ratified by the remaining states if needed. They were not seated or recognized again (after the de facto revocation of statehood) until they caved in. All of this is quite illegal. And what did it achieve? It brought us anchor babies and the loss of our national sovereignty and recognition of our own borders.

Oh, and new states don't ratify old amendments. Upon granting of Statehood, the new State adopts the Constitution as it stands at the time of admission


Nothing exists in a vacuum. If you reduce the experience of the actual member, you increase the power of the congressional and committee staffs How do you deal with that? .All institutional knowledge would be held by the staff. (See Mr. Smith Goes to Washington for what that would look like).

I don't know that increasing staff power gets you where you want to go.
(emphasis added)


I had not considered that. I'll have to get back to you on that, although I doubt it can be helped
 
(emphasis added)

I had not considered that. I'll have to get back to you on that, although I doubt it can be helped

Actually, it can be helped, at least somewhat. Instead of limiting terms or using "campaign finance reform," a solution that adds more democracy, not less should be used. The history of this country is that anti-democratic reforms don't work and usually reforms that add more democracy are beneficial.

In 1912, Congress decided to limit the number of representatives to 435 regardless of population. At the time, the rule was we got one representative for every 250,000 people. I would propose returning to that standard and locking the number of representatives at 1 for every 250,000. At our current population, this would mean our number of representatives would be roughly 1,000.

(Great Britain has 650 members of parliament with less than 100 million people).

An argument could be made that this isn't enough and we should drop the number to 150,000 or 100,000. I think 250,000 is workable.

Increasing the number of representatives would reduce the effect of money in politics. A motivated representative could go and visit door to door all of their constituents. This makes "media buys" less attractive. Granted, this might be different in big cities.

Second, the power of congressional staffs would be reduced because there would be enough Congress critters to do the work themselves.

There are other advantages, but that's a start.
 
Our country is not a "representative democracy", it is a republic. Too bad we have lost it just as Benjamin Franklin feared we would. The creation (federal government) has become the master of the creators (states) and we the people are responsible for that because of our desire to have someone else pay our way through life by enacting a confiscatory tax syatem. The final step in the "cycle of nations" is bondage. I am afraid if we are not already there we are close. We will have no one to blame but ourselves.
 
In 1912, Congress decided to limit the number of representatives to 435 regardless of population. At the time, the rule was we got one representative for every 250,000 people. I would propose returning to that standard and locking the number of representatives at 1 for every 250,000. At our current population, this would mean our number of representatives would be roughly 1,000.

(Great Britain has 650 members of parliament with less than 100 million people).

An argument could be made that this isn't enough and we should drop the number to 150,000 or 100,000. I think 250,000 is workable.

Increasing the number of representatives would reduce the effect of money in politics. A motivated representative could go and visit door to door all of their constituents. This makes "media buys" less attractive. Granted, this might be different in big cities.

Second, the power of congressional staffs would be reduced because there would be enough Congress critters to do the work themselves.

There are other advantages, but that's a start.


I worry that the added numbers would lengthen voting times in the House and make the problems regarding inefficiency even worse. i fear a House that can reach no decisions. that concern aside, I like the sound of your proposal, as it would limit the authority/power each Rep has. Would extend the basic premise to the Senate, as well- perhaps adding a third Congressman for each State?

Our country is not a "representative democracy", it is a republic.

The Republic is a representative(form) democracy(type).
 
I'm all for #4.

We need term limits badly.

Why?

I think we need to get rid of all term limits, actually. If the guy's doing a good job, why let him go? The people can decide whether or not they want him to stay on board.
 
We need to require people to pass a test before being allowed to vote. most people nowadays shoul;d not be anywhere near a polling booth, because they're fucking stupid and uniformed by choice
 
Oh, and new states don't ratify old amendments. Upon granting of Statehood, the new State adopts the Constitution as it stands at the time of admission

But according to you, the 14th amendment wasn't ever legally part of the Constitution in 1868. Which is it? You can't have it both ways. Either a) the 14th amendment was legally passed in 1868 or b) it wasn't, in which case it was not part of the legal Constitution - but it was still a legally proposed amendment - meaning new states had the right to ratify it (just like the 27th).

which one is it? Make up your mind.

(emphasis added)
 
In 1912, Congress decided to limit the number of representatives to 435 regardless of population. At the time, the rule was we got one representative for every 250,000 people. I would propose returning to that standard and locking the number of representatives at 1 for every 250,000. At our current population, this would mean our number of representatives would be roughly 1,000.
.

I agree. The House is way too small. Each member represents over half a million constituents (excepting those from single rep small states).

The House's size should be set as the cube root of the population. Now we have about 300,000,000 people, so that's 669 reps.

The increase in their salaries would be paltry compared to the size of our budget - and it would be worth it in the long run.


we also need a new way to do districting. Presently, state legislatures do the districting, which allows the party in power to set up Congressional districts that favor them. Both parties do this. The most recent major debacle I can remember was when the Republicans did it to the Dems in Texas a couple of elections ago - but both parties do this.

Here's an obvious gerrymandering here:


AZ-districts-109-02.gif



See that line connecting parts of the district? its a fucking river!


We should require that districts not only a) have roughly the same number of people in them each but also b) are drawn in such a way as to minimize the total perimeter of all the districts.

It should be possible to write an algorithm that would do this automatically and completely unbiased. For instance, start with the bottom corner of a state, and fill it in until it has enough people to make one district. Then do the other "corners", then fill everything in from there.
 
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I worry that the added numbers would lengthen voting times in the House and make the problems regarding inefficiency even worse. i fear a House that can reach no decisions. that concern aside, I like the sound of your proposal, as it would limit the authority/power each Rep has. Would extend the basic premise to the Senate, as well- perhaps adding a third Congressman for each State?

Most votes in the House are taken by little machines that each member has in their seat - I think they're even portable (but you do have to be present to vote). A roll call can be requested - but in the day to day activity of the house, this wouldn't be a problem.

We don't need to add Senators for each state. A Senator is supposed to represent his or her state as an institution, and they only represent the "people" to the extent they represent the state. a Representative on the other hand is supposed to directly represent the people, without regard to the concerns of the state as an institution










Personally i think we should also extend house representation to all territories of the U.S. whose citizens pay federal income taxes. This would give DC 1 member. If Puerto Ricans decided they wanted to start paying taxes and get representation, they would get like 6.

The fact that citizens of DC are taxed without representation is perhaps the most high level of hypocrisy ever demonstrated in this country. The idea of DC was proposed and it was built before the income tax - so it might have been a different situation if back then the residents of DC weren't in fact getting taxed by the feds. They get taxed by the feds but have no vote in how they are taxed. that's a crime.

Non-states should not get any Senators, though, as Senators are supposed to represent states.
 
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Agree with #4 because there is no other practical solution IMO.

Beyond that, without suggesting any specific wording, I believe any proposed local,state and federal legislation should be subject to the public calling for a referendum based on x signatures, the results of which will be binding.

While Switzerland is a much smaller country, it has a 4-party system and this feature of their democracy has proven very beneficial for the country. The primary problem we have today is accelerating federal over-reach and separation from public will and foundational governing concepts.

Accept the masses are asses characterization, but a referendum measure would force issues to be argued in public and won or lost according to the, then informed, decision that would result. Understand this is not a purely representative form of government, but I believe that aspect of our system is dysfunctional.
 
Our country is not a "representative democracy", it is a republic.

What is the difference between a republic and a representative democracy?

You are aware that to be classified as a "republic" all you have to do is not have a hereditary monarch as your leader? So North Korea, China, Cuba - all republics.

Why are we trying to spread democracy in the Middle East? Shouldn't we be trying to spread republicanism?


we the people are responsible for that because of our desire to have someone else pay our way through life by enacting a confiscatory tax syatem.

No, the cause for the Federal government taking more authority is the War Between The States. Reconstruction set a precedent of federal government interference in state business that has existed since - it has nothing to do with anyone paying anyone's way through life.



What is the difference between a "confiscatory tax system" and a "tax system" ? Don't any taxes require the forceful taking of property from people? Are you suggesting our tax system be voluntary?
 
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