Isn't it every boy's fantasy to go back in time and alter the Constitution?
This is something that I've been thinking about recently since Florida is
undergoing a Constitutional Revision, as required every twenty years.
The sources I've used for my changes come from the proposals from the
Constitutional Liberty Coalition, Milton Friedman's
Free to Choose, various publications from the
Cato Institute (especially the
Handbook for Congress), Harry Browne's
Why Government Doesn't Work, and my own personal musings.
Additions are underlined, deletions are indicated by a
I'm not arrogant enough to think that my proposed changes "perfect" the Constitution. However, I have some small fantasy that my changes might have prevented some of the tyranny and bloodshed that we've experienced over the years.
We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment.
Section 3. Senators, how and by whom chosen. How classified. State Executive, when to make temporary appointments, in case, etc. Qualifications of a Senator. President of the Senate, his right to vote. President pro tem., and other officers of the Senate, how chosen. Power to try impeachments. When President is tried, Chief Justice to preside. Sentence.
Section 5. Membership, Quorum, Adjournments, Rules, Power to punish or expel. Journal. Time of adjournments, how limited, etc.
Section 7. House to originate all revenue bills. Veto. Bill may be passed by two-thirds of each House, notwithstanding, etc. Bill, not returned in ten days to become a law. Provisions as to orders, concurrent resolutions, etc.
Section 9. Provision as to migration or importation of certain persons. Habeas Corpus, Bills of attainder, etc. Taxes, how apportioned. No export duty. No commercial preference. Money, how drawn from Treasury, etc. No titular nobility. Officers not top receive presents, etc.
Section 1 . President: his term of office. Electors of President; number and how appointed. Electors to vote on same day. Qualification of President. On whom his duties devolve in case of his removal, death, etc. President's compensation. His oath of office.
"I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Section 2 . President to be Commander-in-Chief. He may require opinions of cabinet officers, etc., may pardon. Treaty-making power. Nomination of certain officers. When President may fill vacancies.
Section 3. President shall communicate to Congress. He may convene and adjourn Congress, in case of disagreement, etc. Shall receive ambassadors, execute laws, and commission officers.
Section 2. Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where
Section 2. Privileges of citizens of each State. Fugitives from Justice to be delivered up. Persons held to service having escaped, to be delivered up.
- 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. See the 14th Amendment
- 2. A person charged in any state with treason, felony, or other crime, who shall flee justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due.[Note]
- 1. New states may be admitted by the Congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, without the consent of the legislatures of the states concerned, as well as of the Congress.
- 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
- 3. A state may secede from the union by a two-thirds vote of its citizens. Congress may levy additional requirements on the secession of a state with a two-thirds vote of both houses. [Note]
The United States shall guarantee to every state in this union, a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate nor shall a state's method of electing Senators be changed without its consent. [Note]
- 1. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation.
- 2. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
- 3. The senators and representatives before-mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VIIThe ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same.
AMENDMENTSThe Ten Original Amendments: The Bill of Rights. Proposed by Congress September 25, 1789. Ratified December 15, 1791.
Bill of Rights [Note]
AMENDMENT ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
abridginginfringing upon the freedom of speech, or of the press; or the right of the people peaceably to assemble, to instruct their representatives, and to petition the Government for a redress of grievances. The rights of electoral participation and political association are fundamental; any law burdening their exercise is subject to strict judicial scrutiny for legitimacy regarding ends and means, and must be supported by clear and convincing evidence. Political choices and competition are primary interests of the citizenry. [Note]
AMENDMENT IICongress shall make no law infringing on the right of the people to keep and bear arms.
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.[Note]
AMENDMENT IIICongress shall make no law requiring service in the army, navy, the militia or any civil service. 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. [Note]
AMENDMENT IVCongress shall make no law infringing on the right of the people to privacy. 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. [Note]
AMENDMENT VNo 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 except for a substantial, explicit public use
without justand with full compensation therefor paid to each owner. [Note]
AMENDMENT VIIn 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. The jury shall have the power to judge the law in all instances in which the government or any of its agencies is an opposing party. [Note]
AMENDMENT VIIIn 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 VIIICongress shall make no law requiring e
Excessive bail shall not be required, nor shallimposing excessive fines imposed, nor inflicting cruel and unusual punishments inflicted. Forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. There shall be proportionality between magnitude of felony and the severity of forfeiture of property. No person charged with a crime shall be compelled to pay costs before a judgment of conviction has become final. A person not found guilty of a crime shall not be assessed fees or costs to recover property seized as evidence or otherwise held, impounded, or stored by the government. [Note]
AMENDMENT IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
AMENDMENT XThe 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. Relative to the people, no branch of government has inherent or reserved powers, implicit or assumed prerogatives, or presupposed attributes of sovereignty. Powers must be expressly granted to government by the people, and the extent and range of such powers shall be strictly, narrowly construed. [Note]End of the Bill of Rights
AMENDMENT XI(Proposed by Congress March 4, 1794. Ratified February 7, 1795.)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(Proposed by Congress December 9, 1803. Ratified July 27, 1804.)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 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,] Altered by 20th Amendment 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 numbers 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.
AMENDMENT XIII(Proposed by Congress January 31, 1865. Ratified December 6, 1865.)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(Proposed by Congress June 13, 1866. Ratified July 9, 1868)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 to 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.
AMENDMENT XV(Proposed 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(Proposed by Congress July 2, 1909. Ratified February 3, 1913.)The Congress shall have power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several States, and without regard to any census or enumeration.
AMENDMENT XVII(Proposed by Congress May 13, 1912. Ratified April 8, 1913.)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(Proposed by Congress December 18, 1917. Ratified January 16, 1919. Altered by Amendment 21)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.
The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
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(Proposed 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 XXSection 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 3rd 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 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 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 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(Proposed 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(Proposed by Congress March 21, 1947. Ratified February 27, 1951.)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 that two years of a term to which some other person was elected President shall be elected to the office of President more that once.
But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
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(Proposed 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 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(Proposed 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 poll tax or any other tax.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXV(Proposed by Congress July 6, 1965. Ratified February 10, 1967.)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 the 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, transmits 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 departments or of such other body as Congress may by law provide, transmits 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(Proposed by Congress March 23, 1971. Ratified June 30, 1971.)Section 1. The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXVII(Proposed by Congress September 25, 1789. Ratified May 8, 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.
NotesCato Institute. See:
Policy Analysis No. 141. Term Limitation: An Idea Whose Time Has Come by John H. Fund
Policy Analysis No. 221. Real Term Limits: Now More Than Ever by Doug Bandow
Policy Analysis No. 259. The Political Revolution that Wasn't: Why We Need Term Limits Now More Than Ever by Doug Bandow
Policy Analysis No. 328. What Term Limits Do that Ordinary Voting Cannot by Einer Elhauge
Cato Journal: A Survey, Critique, and New Defense of Term Limits
Briefing Paper No. 41. Term Limits and the Republican Congress by Aaron Steelman
Also visit the home page of U. S. Term Limits, an advocacy group that pushes for congressional term limits.Americans for Tax Reform for more information on this idea.
Here are some Cato Institute Policy Analyses on the subject of banking and money:
Policy Analysis No. 2, Monetization Practices and the Political Structure of the Federal Reserve System, R. H. Timberlake, Jr.Cato Institute has some excellent Policy Analyses on this subject:
Policy Analysis No. 8, Inflation and the Federal Reserve: The Consequences of Political Money Supply, by Lawrence H. White
Policy Analysis No. 16, The Gold Standard: An Analysis of Some Recent Proposals , by Joseph T. Salerno
Policy Analysis No. 17, Gold, Paper, or...: Is There a Better Money? , by David Friedman
Policy Analysis No. 60, The Case for Free Banking: Then and Now, by G. A. Selgin
Policy Analysis No. 47, The Last Dinosaur: The U.S. Postal Service , by James Bovard
Policy Analysis No. 102, The Slow Death of the U.S. Postal Service, by James Bovard
Policy Analysis No. 146, Slower is Better: The New Postal Service , by James Bovard
Also read The Challenge to the U.S. Postal Monopoly, 1839-1851, by Kelly B. Olds, published in the Cato Journal.
A Cato Institute conference on June 14, 1996, examined the question, "Postal Service in the 21st Century: Time to Privatize?"
This essay from Regulation magazine looks at some of the unfair advantages the USPS has over private competitors and also warns of threats to privacy from having the mail run by the government (PDF format, requires Adobe Acrobat to view).
The Cato Conference "Mail @ the Millennium: The Future of Private Postal Service" is available online in RealVideo .
Finally, check out the following books:
The Last Monopoly: Privatizing the Postal Service for the Information Age , edited by Edward L. HudginsProposal 5 from the Constitutional Liberty Coalition. Proposal 2-B from the Constitutional Liberty Coalition. Why Government Doesn't Work. It was orginally devised by Professor Richard H. Timberlake of the University of Georgia. Why Government Doesn't Work. Proposal 7 from the Constitutional Liberty Coalition .
Monopoly Mail: Privatizing the United States Postal Service, by Douglas K. Adie
Free the Mail: Ending the Postal Monopoly, by Peter J. Ferrara
Policy Analysis No. 1. Can Conscription Work? by Roger Nils FolsomProposal 12 from the Constitutional Liberty Coalition . I highly recommend Richard Epstein's Takings for a excellent overview of the takings clause from a libertarian perspective. Fully Informed Jury Association website for more information and a more detailed suggestion on how to protect jury powers. Also see Jury Nullification: The Evolution of a Doctrine, by Clay S. Conrad. The wording used is adapted from Proposal 11 from the Consitutional Liberty Coalition. Proposal 9 and Proposal 10 from the Constitutional Liberty Coalition. The changes should make asset forfeiture much more difficult, if not impossible. For more on asset forfeiture, go to the Forfeiture Endangers American Rights (FEAR) web site. Proposal 1 from the Constitutional Liberty Coalition.
Policy Analysis No. 86. Draft Registration: It's Time to Repeal Carter's Final Legacy
Policy Analysis No. 116. To Reduce Military Tensions in Europe, Ban Conscription
Policy Analysis No. 214. Draft Registration: The Politics of Institutional Immortality
Foreign Policy Briefing No. 6. The Volunteer Military: Better than a Draft
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