You Shouldn’t Get To Pick-&-Choose Which Amendments To Support!
I’ve often wondered why a clearly-selective reading and interpretation of the 2nd Amendment has gained so much acceptance and momentum, while so many others, which some might either not care about, or don’t fit particular preferences/opinions, are often overlooked and/or contradicted! If we were to do a public opinion survey which asked what the 2nd Amendment was all about, I believe the vast majority would simply state, The Right to Bear Arms! However, even the someone-conservative (at least by his times) former Supreme Court Chief Justice Warren Burger famously called the gun lobby’s individual rights interpretation of the Second Amendment a “fraud on the American public” during a 1991 PBS interview! Burger, considered a staunch conservative appointed by President Richard Nixon, argued that special interest groups completely distorted the original intent of the Constitution. While the preferred quote was included in the Amendment, some conveniently overlook its context, and the component which explained its purpose was to let states create their own State Militias to protect themselves against threats, either domestic or foreign. It should be strongly considered, the prevailing purpose at the time was probably, because the USA at the time was 13 states along the east coast (Atlantic Ocean), and since there was no financed, large-scale federal armed forces, this was essential. Isn’t it interesting that as the NRA seems to have gained political strength (apparently, because of PAC money), SCOTUS has seemed willing to be guided by this incomplete interpretation. Therefore, why does it seem, while supporters often scream loudly declaring their so-called gun rights, they often seem ready, willing and able to ignore other Amendments which they may not feel so positively about?
The 1st Amendment grants freedom of speech, the press, the right to assemble, and some other related freedoms and rights. Yet, we have seen many, including some Judges and Justices, who claim they believe their originalist philosophy indicates there are restrictions on those, and have sometimes seemed to ignore the basic concepts, when some political press appear!
While the 3rd Amendment is a rarely discussed, often-considered lesser Amendment because it was about certain restrictions on the US military (especially in peace times) in terms of being permitted to occupy private property. Most scholars believe the relevant concept of this Amendment is to protect individual property rights, over the claimed-rights of the military!
The 4th Amendment protects people from unreasonable searches and/or seizures by the goverment, including: searching you, your home, your belongings, nor seize your property, without a valid legal reason (probable cause) or a warrant approved by a judge based on that reason.
The 5th provides significant protections for individuals in both civil and criminal legal proceedings, and guarantees the right to a Grand Jury, prohibits Double Jeopardy, protects against self-incrimination, ensures due process of law (for all), etc.
The 6th Amendment focuses on guaranteeing fundamental tights to individuals accused of crimes, and ensures speedy, public trials by an impartial jury, right to counsel, and ability to confront witnesses and understand the charges. Consider how certain actions, such as ICE’s irregularities, have seem to gone against the 3rd through 6th Amendments, as well as others!
The 7th Amendment is often less-discussed, but guarantees a jury trial in federal civil cases (where controversy exceeds $20), as well as protecting jury decisons against excessive judicial examining/overview in the future. The intent was to maintain the common law principle regarding the role of a jury.
The 8th Amendment is often discussed in terms of its prohibition against federal government imposing excessive bail and/or fines, or cruel and unusual punishments. Many state the main purpose of this is to ensure the application of “evolving standards of decency” to punishments, etc.
The 9th states that simply because certain specific rights are listed in the Constitution does not mean other, unlisted ones, are still retained by individuals. Consider this in terms of some recent decisions which claimed originalism as the basis for their decisions, and the onset of significant hypocritical double standards, as a result!
The 10th Amendment states that powers not delegated to the federal government nor prohibited to states, are reserved for states and/or people! This Amendment is often cited when the concept/principle of federalism is discussed, because it defines federalism by ensuring the federal government remains one with limited, specifically enumerated powers.
States sovereign rights, which prevents individuals from suing states in federal court without their consent, is the key principle of the 11th Amendment.
The 12th Amendment relates to the process by which electors vote for President and VP, and was adapted, years later, to create a single vote for both by each elector. This is the basis for what some consider a controversial Electoral College vote, rather than a popular one!
The 13th Amendment was not ratified until December 6, 1865, and officially abolished slavery and involuntary servitude. It was the first of 3 Reconstruction Amendments passed after the Civil War, and many consider these three to be expansions and formal adoption of the key principles of the 1863 Emancipation Proclamation.
Many consider the 14th Amendment to be the cornerstone of the US Constitution, because it grants citizenship to all born/naturalized in US (including former slaves), and guarantees “equal protection of the laws,” and “due process” against any potential or actual state violations. It dramatically expanded federal civil rights protections, and many consider certain politicians apparent effort to limit and/or eliminate many of these protections, an indication we are in a very concerning period, in terms of the US democracy, etc. (Think, Birthright)
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Ratified on February 3, 1870, the 15th Amendment prohibits federal and state governments from denying any citizen the right to vote, based on “race, color or previous condition of servitude.” While designed to secure voting rights, often, the impact was limited by discriminatory state laws like poll taxes and literacy tests, etc.
Many consider February 3, 1913 a sad date, because the 16th Amendment, ratified on that date, empowers Congress to levy a federal income tax on individuals and corporations, without apportioning it among the states based on population. This is often the justification for certain states to consistently receive more than their contributions, while other states receive a far-lesser percentage.
The 17th Amendment instituted election of US Senators, by popular, direct vote.
The 18th Amendment was ratified on January 16, 1919, and then repealed by the 21st Amendment in 1933, and was known often as the Prohibition Amendment.
It wasn’t until its ratification on August 18, 1920, when the 19th Amendment prohibited federal or state governments from denying the vote based on sex. Think about that!
The 20th Amendment, ratified in 1933, dramatically reduced the “lame duck” period regarding Presidential and Congressional inaugurations, changing date from March 4th to January 20th for President and January 4th for members of Congress.
The 22nd Amendment ratified on February 27, 1951, limits Presidents to 2 terms (up to 8 years), or if a VP succeeds to Presidency and serves less than 2 years, to a maximum of 10 years. Remember this when you hear some speak about President Trump continuing for a 3rd term!
Residents of Washington DC were finally granted the right to vote by the 23rd Amendment, ratified on March 29. 1961, and allocated electors to Washington DC. It provided some balance for these residents, while still capping the number of electors to the least populous US state.
The 24th Amendment, ratified on January 23, 1964. prohbits Congress and States from conditioning any right-to-vote on psyment of a poll tax and/or other tax. Many believe this Amendment should make the proposed SAVE America Act unconstitutional, because some of its requirements would require expense (securing a passport-around $180, and more than half of Americans lack this), etc.
Ratified in 1967, after JFK’s assassination, the 25th Amendment clarifies Presidential successions and incapacity. It also creates a formal approach if the majority of the Cabinet (or other body if designated by Congress) declares a President to be incapacitated, this transferring power seamlessly to the VP. Nearly every day, some people seem to be calling for use of this, claiming Trump appears to be unfit, based on his actions and behaviors, etc. While this is unlikely to occur, a smooth transition is a key for the USA’s security, etc.!
Ratified on July 1, 1971, the 26th Amendment lowered national voting age from 21 to 18.
Although originally proposed in 1789, it wasn’t until the 27th Amendment was ratified on May 7, 1992, that there would be a prohibition against any increase or decrease in salary of members of Congress to take place until after the next election of House of Representatives occurred.
There has been significant controversy regarding the so-called Equal Rights Amendment, because of the prolonged period it has taken to get the necessary margin needed to ratify. Although President Biden sought to enact it, to this date, it still hasn’t officially gone into-effect!
This short primer on the US Constitution was not intended as a civics or history dissertation or lesson, but rather, to explain my personal belief, we live in extremely polarizing and polarized times, and it seems, our present SCOTUS is anything but Supreme, not are they consistent, impartial, fair and independent arbiters of the Constitution or our laws. When it serves their purpose, they cling-to their so-called, originalist approach, but at other times, when it appears not to, they abandon that approach. How can one package a woman’s right-to-choose in terms of originalism when it took until 1920 for women to gain the right-to-vote?
We are nothing, if we aren’t inconsistent hypocrites. Many conveniently do the equivalent of wrapping themselves in the US Flag, when we feel it supports our preferences, while minimizing other rights and freedoms, we may not find appealing! Either way, in a functioning, true democracy, we cannot get to pick-and-choose which parts we support, and which we don’t. When, for example, we permit common sense rules and regulations, when it comes to gaining a drivers license, and registering a vehicle (such as fees, licenses, insurance requirements, and proven proficiencies, than we do regarding common sense requirements in terms of owning, registering and using firearms!
Wake up America. Your beliefs that the Constitution and the Judiciary system would protect us against certain violations of rights, freedoms, and even so-called, inalienable rights, have been unfortunately shown to be untrue! We must proactively make these laws once again become a viable Rule of law, for all!
