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To: average joe who wrote (2281)10/7/2002 2:59:46 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 7689
 
Had the Founders regarded their work as perfect and complete, they would not have provided a means to amend the Constitution. Since they did provide such, clearly they expected problems and oversights would be found and changing times and circumstances would require modification of their work.

Is this one of those distasteful recent amendments?

Amendment XIII.

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.


How about this one?

Amendment XIX.

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.


I think you would find very large majorities of US citizens in favor of those two.

Now their were some real duds among those recent amendments.

Article XVIII.

Section 1.

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.

Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

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.



To: average joe who wrote (2281)10/7/2002 6:13:27 PM
From: TimF  Read Replies (1) | Respond to of 7689
 
Excessive taxation does infringe on this part:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility


If excessive taxation infringes on the constitution do to that phrase then anything that get the country up in arms would infringe on the constitution. I don't think that something controversial and or unpopular is automatically unconstitutional. I would put excessive taxation under the category of "intensely undesirable" and in the category of "really stupid ideas", I would probably also label it unethical but I can't agree with you that it is unconstitutional.

Amendment II

"...the right of the people to keep and bear arms, shall not be infringed."


This amendment doesn't raise the issue of taxation at all. The only way it could even arguably be relevant as a matter of constitutional law was if the taxes where so high that most people could not afford guns but that seems to be an enormous stretch. If excessive taxation lead to armed rebellion those guns might be relevant but the 2nd amendment would only be indirectly relevant in that it helped more people have guns. That fact would not mean that the tax violated the 2nd amendment.

Tim