Revised 1/16/2024
The original Constitution even in its beginning was recognized as having problems. Representatives, in order to get it accepted using the mechanism to allow changes (Amendments), quickly added the first 10 Amendments to make it acceptable. This article seeks to point out other shortcomings and corrections that should be made.
A solution may be on the horizon. If you don't read any more of this article, check out Convention of States website
Major
Commerce Clause
Rational
This clause has been liberalized to include any law that Congress wants to pass. History is littered with cases from the 1880s that used this clause for purposes beyond what was intended. (see https://en.wikipedia.org/wiki/Commerce_Clause). Further, a study conducted by Randy E. Barnet concludes that “Having examined every appearance of the word "commerce"in the records of the Constitutional Convention, the ratification debates and the Federalist Papers, Professor Barnett finds no surviving example of this term being used in this broader sense. In every appearance where the context suggests a specific usage, the narrow meaning is always employed.”
Original Text
"[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"
Revised Text
"[The Congress shall have Power] To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to delegate the power to Congress to appropriate money for any internal improvement intended to facilitate commerce; except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation; in all which cases such duties shall be laid on the navigation facilitated thereby as may be necessary to pay the costs and expenses thereof."
16th Amendment
Action
Amendment 16 should be repealed.
Text of Amendment
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
Original Text Covering Taxation
"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."
Rational
Amendment 16 enables the Federal Government to take from its citizens any and all property. Note that it allows the government to tax different states citizens at different rates. Even now, not recognized by most, citizens from some states may pay a lower federal income tax because of the allowed deduction of state taxes.
Selection of Senators
Action
Amendment 17 should be repealed!
Rational
If power belongs to the people, why not have them select Senators, instead of having the state legislatures do it? Italics added by author of this article.
Comments of Alexander Hamilton regarding selection of Senators: “If power belongs to the people, why not have them select Senators, instead of having the state legislatures do it? The next relation is to the sources from which the ordinary powers of government are to be derived. The House of Representatives will derive its powers from the people of America; and the people will be represented in the same proportion and on the same principle as they are in the legislature of a particular State. The Senate, on the other hand, will derive its powers from the States as political and coequal societies; and these will be represented on the principle of equality in the Senate, as they are now in the existing Congress. So far the government is federal, not national…. The proposed Constitution, therefore … is, in strictness neither a national or a federal Constitution, but a composition of both. […] Among the various modes which might have been devised for constituting this branch [Senate] of the government, that which has been proposed by the convention is probably the most congenial with the public opinion. It is recommended by the double advantage of favoring a select appointment [a candidate of high caliber], and of giving to the State governments such an agency in the formation [or an influence in the operation] of the federal government as must secure the authority of the [States], and may form a convenient link between the two systems.”
As Amended by Amendment 17
"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."
Original Text
"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.
"Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
"No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen."
Term Limits
An amendment is needed to limit the total time and individual may serve in a government position. In a document in the Convention of States website the following amendment has been suggested.
"Section 1. No person shall be elected to serve in the House of Representatives more than nine full terms, nor elected or appointed to serve in the Senate more than three full terms. This article shall not disqualify any person from completing a term in the Congress to which that person was elected or appointed prior to ratification of this article.
"Section 2. No person shall serve in Congress for more than twenty-four years in total. "
Remuneration
Remuneration shall not be paid to any member or employee of the government from funds collected by taxes once that person has left the service save retirement programs for the U.S. Military.
What is Convention of States?
It could be beginning of the solution! I encourage you to visit the Convention of States website to learn about what is going on to correct some of the problems! Even though your state is "in", realize that the convention needs the participation of 34 state registrations to cause action to be taken.