Interesting Constitutional Facts

[Steerpike]

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.

See Article I, Section 3:

The Senate of the United States shall be composed of two Senators from each state, chosen by the legislature thereof, for six years; and each Senator shall have one vote.

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

See Article II, Section 1:

The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

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.

See Article 3, Section 2:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

emphasis added

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?

 

[William Joyce]

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.

 

[jillian]

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?

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)

 

[William Joyce]

initially, the constitution was structured to protect a white, male aristocracy. Luckily, we've moved beyond that, at least technically.

Practically, I suppose, we need to send the white males to concentration camps?

 

[jillian]

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.

 

[Gunny]

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)

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.