Interesting Constitutional Facts

Discussion in 'Law and Justice System' started by Steerpike, Jan 31, 2008.

  1. Steerpike
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    Steerpike VIP Member

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    People may or may not already know them. Interesting to throw out there.

    1. The Constitution did not originally require that a popular vote be held for Senate. The State Legislatures could decide to pick Senators for the Senate in whatever way they wanted.

    2. The Constitution does not require a popular vote for President. The State Legislatures get to decide how their electors are chosen.

    3. Congress can regulate the Appellate jurisdiction of the Supreme Court. People have, from time to time, suggested the Congress strip the Supreme Court of authority to hear certain cases.

    4. Many strange amendments to the Constitution have been proposed, and failed. Here are some of them:

    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.



    Interesting, no?
     
  2. William Joyce
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    William Joyce Chemotherapy for PC

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    Yes.

    I stumbled on the first two in law school, which was Bush v. Gore time. I asked a liberal professor, "So, there's not even actually a right to vote for president, is there"?

    He agreed that no, there isn't. But he said the Supreme Court would make one up, if asked to.

    As for three, you bet. There's not even a direct right for ANY district courts, so conceivably, Congress could yank the carpet out from under every district court judge in America right now (sweeeeeeet!).

    Americans are way too fucking stupid to get any of that.
     
  3. jillian
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    jillian Princess Supporting Member

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    Very interesting. In terms of the things that were excluded from the Constitution or ended up in there later on, people forget that initially, the constitution was structured to protect a white, male aristocracy. Luckily, we've moved beyond that, at least technically.

    As for the proposed Amendments that went no where... exactly the reason amending the constitution is a long and arduous and ultimately rare endeavor. But your list left out efforts to add a "marriage amendment. ;o)
     
  4. William Joyce
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    William Joyce Chemotherapy for PC

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    Practically, I suppose, we need to send the white males to concentration camps?
     
  5. jillian
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    jillian Princess Supporting Member

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    I know, Haw Haw, equality isn't good enough. You don't like when white men don't run the show. Don't worry... you still pretty much do.
     
  6. Gunny
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    Gunny Gold Member

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    Probably because in the big scheme of things, Bush proposed the amendment, knowing it would fail, but fulfilling his promise to do so. It was small potatoes and nobody cares.

    I disagree with it because IMO the decision should be left up to the states, not the Fed, and I'm sure a lot conservatives thought the same considering the lackluster support for it even from the right.
     

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