Amending the Constitution

1. Amending the Constitution Presentation by Phil Duffy

2. There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects. The Federalist, No. 10

3. The Systems Approach to Government

4. The Social Compact People Ratify the Constitution People Elect Representatives Representatives Join Contract with Oaths Congress Passes Constitutional Legislation Courts Assure Legislation Is Constitutional

5. Why don’t we all live happily ever after?

6. This should protect us – right?

7. Wrong!!! Black Hole Black Hole

8. Article I, Section 8 has two holes. General Welfare Phrase Commerce Clause

9. The Simple and the Complex The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States;

10. The Simple and the Complex The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; The Congress shall have power … To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

11. Test Case: Constitutionality of ObamaCare Congress has the power to pass this legislation consistent with the general welfareclause of Article I, Section 8. Furthermore, the Supreme Court upheld that opinion in the 1930s.

12. Arlen … You are nuts! That expansionist interpretation is an absurdity!!!

13. Arlen … You are nuts. That expansionist interpretation is an absurdity!!! The Federalist, No. 41

14. Madison on Expansive Interpretation Some, who have not denied the necessity of the power of taxation, have grounded a very fierce attack against the Constitution, on the language in which it is defined. It has been urged and echoed, that the power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States," amounts to an unlimited commission to exercise every power which may be alleged to be necessary for the common defense or general welfare. No stronger proof could be given of the distress under which these writers labor for objections, than their stooping to such a misconstruction. Source: The Federalist Papers, Madison No. 41 .

15. Madison No. 41 (continued) Had no other enumeration or definition of the powers of the Congress been found in the Constitution, than the general expressions just cited, the authors of the objection might have had some color for it; though it would have been difficult to find a reason for so awkward a form of describing an authority to legislate in all possible cases. A power to destroy the freedom of the press, the trial by jury, or even to regulate the course of descents, or the forms of conveyances, must be very singularly expressed by the terms "to raise money for the general welfare.". Source: The Federalist Papers, Madison No. 41 .

16. Madison No. 41 (continued) But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? Source: The Federalist Papers, Madison No. 41 .

17. Madison No. 41 (continued) But what color can the objection have, when a specification of the objects alluded to by these general terms immediately follows, and is not even separated by a longer pause than a semicolon? If the different parts of the same instrument ought to be so expounded, as to give meaning to every part which will bear it, shall one part of the same sentence be excluded altogether from a share in the meaning; and shall the more doubtful and indefinite terms be retained in their full extent, and the clear and precise expressions be denied any signification whatsoever? Source: The Federalist Papers, Madison No. 41 .

18. Madison No. 41 (continued) For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter. Source: The Federalist Papers, Madison No. 41 .

19. James Madison Letter to Edmund Pendleton, 1792 If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.

20. Consider the implications of the expansionist interpretation of the general welfare phrase!!!

21. Null and Void

22. Anybody can have a “general welfare” moment.

23. Warning: Tyranny of the Majority

24. How many people here respect the Constitution?

25. How much debt represents constitutional spending?

26. This stuff attracts flies.

27. This stuff attracts lobbyists, campaign contributions, career politicians and corruption.

28. Is that all your amendment will do?

29. Is that all your amendment will do? No, it will also keep you guys in check too!

30. Term limits do not affect these people. They can only be removed for “bad behavior”

31. The Only U. S. Supreme Court Justice to Be Impeached Samuel Chase

32. More from Madison For what purpose could the enumeration of particular powers be inserted, if these and all others were meant to be included in the preceding general power? Nothing is more natural nor common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and can have no other effect than to confound and mislead, is an absurdity, which, as we are reduced to the dilemma of charging either on the authors of the objection or on the authors of the Constitution, we must take the liberty of supposing, had not its origin with the latter.

33. It’s all about enumeration.

34. The Constitution describes enumerated powers.

35. Division of Labor (oops) Powers Residual Sovereignty in the States Concurrent Sovereignty

36. Sovereignty Sharing Specifics Article I, Section 8 Powers Specifically Granted to Congress Article I, Section 9 Powers Specifically Denied to Congress Article I, Section 10 Powers Specifically Denied to States

37. Sovereignty Sharing Specifics Amendment 9 The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Amendment 10 The 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.

38. Shared Sovereignty People’s Natural Rights States’ Powers Federal Powers

39. Shared Sovereignty People’s Natural Rights When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. States’ Powers Federal Powers

40. Shared Sovereignty People’s Natural Rights State Constitutions States’ Powers Federal Powers

41. Shared Sovereignty People’s Natural Rights States’ Powers Federal Powers ConstitutionalConvention

42. Shared Sovereignty People’s Natural Rights Ratification Conventions States’ Powers Federal Powers

43. How do we plug the hole?

44. How do we plug the hole?With explicit language that describes intent

45. Proposed Amendment Language Current The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

46. Proposed Amendment Language Current The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; Proposed The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States as specifically enumerated in this Constitution; but all duties, imposts and excises shall be uniform throughout the United States;

47. Why not term limits?

48. Have we improved the guard?

49. Should we send a fresh pack of wolves to Washington periodically?

50. Purpose of the Constitution “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests.” Patrick Henry