Unratified amendments (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 03, 2024, 12:26:42 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Unratified amendments (search mode)
Pages: [1]
Poll
Question: Which amendment(s) proposed by congress would you like to see ratified?
#1
Congressional Representaion Amendment
 
#2
Titles of Nobility Amendment
 
#3
Slavery Protection Amendment
 
#4
Child Labor Amendment
 
#5
Equal Rights Amendment
 
#6
DC Representation Amendment
 
#7
None of the above
 
Show Pie Chart
Partisan results

Total Voters: 38

Calculate results by number of options selected
Author Topic: Unratified amendments  (Read 16974 times)
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,144
United States


« on: November 12, 2005, 01:10:09 AM »

The slavery ammendment, having now nothing to do with slavery, is great.
The amendment states:

No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.

What are the "domestic institutions" of a state? The amendment strikes me as excessively vague, and might have become a pretext for judicial activism, just like the due process clause. Moreover, it restricts future constitutional amendments, thereby reducing constitutional flexibility.

Marriage certainly would fall under the domestic institution proviso, but I agree that clause is rather vague and subject to interpretation, and the zero admendment part gives me the willies since there would be no recourse other than revolution if a Supreme Court ever misinterpreted it.  The right of revoultion is a necessary and proper right, but we should never structure our laws such that it may someday become necessary.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.027 seconds with 14 queries.