Amendments to the Constitution, Part III

This is the final part of the Constitution, the last seven amendments.

Amendment 21
Amendment 18 Repealed. Ratified 12/5/1933.
1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
3. The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

Amendment 22
Presidential Term Limits. Ratified 2/27/1951.
1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. If it's good for the President, it's good for every elected official in this Nation, regardless of political office.

Amendment 23 Presidential Vote for District of Columbia. Ratified 3/29/1961.

1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
2. The Congress shall have power to enforce this article by appropriate legislation.
I, for one, would like to see this amendment repealed. The original was quite succinct: Article II, Section 1, Paragraph 2; "Each State shall appoint..." The District is not a State. The District is just that, and it is governed by the Congress. If people want the ability to vote, they should move out of the District.

Amendment 24 Poll Tax Barred. Ratified 1/23/1964.
1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment 25

Presidential Disability and Succession. Ratified 2/10/1967.
1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment 26 Voting Age Set to 18 Years. Ratified 7/1/1971.

1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment 27 Limiting Congressional Pay Increases. Ratified 5/7/1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Now, I don't know about you, but for all my life I've been told that line of succession is President, Vice President, Speaker of the House, President Pro Tem of the Senate, and Secretary of State. No where in the Constitution nor any of the Amendments does it say that. On the White House web site it states:

"In order of succession to the Presidency:

Vice President of the United States Joseph R. Biden; Department of State Secretary Hillary Rodham Clinton; Department of the Treasury Secretary Timothy F. Geithner;
Department of Defense Secretary Robert M. Gates; Department of Justice Attorney General Eric H. Holder, Jr.; Department of the Interior Secretary Kenneth L. Salazar; Department of Agriculture Secretary Thomas J. Vilsack;
Department of Commerce Secretary Gary F. Locke; Department of Labor Secretary Hilda L. Solis;
Department of Health and Human Services Secretary Kathleen Sebelius; Department of Housing and Urban Development Secretary Shaun L.S. Donovan;
Department of Transportation Secretary Raymond L. LaHood; Department of Energy Secretary Steven Chu;
Department of Education Secretary Arne Duncan; Department of Veterans Affairs Secretary Eric K. Shinseki;
Department of Homeland Security Secretary Janet A. Napolitano."

If this is the President's list, than Secretary Donovan needs to be deleted. He's to young and therefore not qualified. Secretary Duncan should also be deleted for the same reason.

I believe it's time for an amendment to lay out an exact succession to the Presidency, and in GUNNER'S VIEW that succession should be President, Vice President, Speaker of the House, President Pro Tempore of the Senate, House Majority Leader, and Senate Majority Leader. The Cabinet officers, not being elected officials shouldn't be in the chain of succession. If the chain needs to be more than six deep, we've got a much bigger problem than who's President!

God Bless the United States.

Gunner Sends

Amendments to the US Constitution, Part II

Continuing with our series on the Constitution, we will be commenting on the 11th through 20th amendments. A few of these will need no comment at all, but others, of course will.

AMENDMENT XI
Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of the Constitution was modified by amendment 11.
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
In essence, this amenment keeps Federal courts out of civil suits involving the various states.

AMENDMENT XII
Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
*Superseded by section 3 of the 20th amendment.

This amendment formulated and strengthened the electoral college. In today's technological world, the electoral college is archaic. It's GUNNER'S VIEW that Amendment XII be repealed.

AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.
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.

AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
Section 1.All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2.Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3.No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4.The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
*Changed by section 1 of the 26th amendment.
Now, I may be wrong, and I have been wrong at least twice in my life, but doesn't this give us the ability to impeach a number of Federal officials right now, starting with the Speaker of the House?

AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.
Section 1.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 race, color, or previous condition of servitude--
Section 2.The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by amendment 16.
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.
Many of us, myself included, hate the Income Tax - as written - and would like to see it changed and/or cancelled. However, if we keep reducing the taxes who's going to provide the services they fund. You just don't go to Wal-Mart and buy an aircraft carrier for $19.95! You darn sure don't hire a pilot for minimum wage!

AMENDMENT XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of the Constitution was modified by the 17th amendment.
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.

AMENDMENT XVIII
Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.
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.
This amendment gave my grandfather a hobby. Rumor has it he made the best bath tub gin in northern Illinois!

AMENDMENT XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.
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.

AMENDMENT XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.
Section 1.The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2.The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3.If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4.The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5.Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6.This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
It would seem to me that if we can amend the Constitution to limit the term of the President and Vice President of the United States, than we can, and should, amend the Constitution to limit the terms of ALL elected officials, including state and local politicians.

If you've found what I've discussed to this point to be droll, than you're not part of the solution, but part of the problem. After the next segment, I promise to make this a little more exciting.

"God Bless us, one and all." (Tiny Tim, A Christmas Carol by Dickens)

Gunner Sends

Amendments to the US Constitution, Part I

The authors of our Constitution felt that they had left some very important items out of the Document, so they drafted twelve amendments, now known as the Bill of Rights. Two of these twelve amendments failed ratification at the time, however, one of them went on to become the 27th Amendment. Again, testifying to how the original 13 States felt about the Constitution, the Bill of Rights was proposed in 1789 and ratified by those states as follows: NJ, MD, NC in 1789; SC, NH, DE, NY, PA, RI in 1790; VT, VA in 1791; and MA, GA, CT in 1939.

Here are your Bill of Rights, with GUNNER'S VIEWS:

"Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

"The Supreme Court has repeatedly held that the First Amendment requires public school officials to be neutral in their treatment of religion, showing neither favoritism toward nor hostility against religious expression such as prayer. Accordingly, the First Amendment forbids religious activity that is sponsored by the government but protects religious activity that is initiated by private individuals, and the line between government-sponsored and privately initiated religious expression is vital to a proper understanding of the First Amendment's scope. As the Court has explained in several cases, "there is a crucial difference between government speech endorsing religion, which the Establishment Clause forbids, and private speech endorsing religion, which the Free Speech and Free Exercise Clauses protect."
(http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html)

In essence, the story that prayer in school is forbidden, is just that - a mistaken opinion of some school administrators. If the students want to pray in or on school grounds, it's perfectly fine.

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Rather than get into the entire second amendment bruhaha, even though I'm a strong advocate of this amendment, I want to point something out. Let's assume that the anti-gunners are correct, and only the militia shall be allowed to own firearms. Title 10, United States Code, Subtitle A, Part I, Chapter 13, Section 311 states:

"(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia."

In other words, even if you do not belong to the National Guard, if you're a healthy male between 17 and 45 YOU ARE IN THE MILITIA!

Now, how do the "Gun-Control states" feel about that? Well here is Article XII from the Constitution of the State of New York: "Section 1. The defense and protection of the state and of the United States is an obligation of all persons within the state. The legislature shall provide for the discharge of this obligation and for the maintenance and regulation of an organized militia." It would appear that everyone in New York is in the militia.

Article XII of the Illinois State Constitution states: "SECTION 1. MEMBERSHIP The State militia consists of all able-bodied persons residing in the State except those exempted by law." It would appear that almost everyone in Illinois is in the militia.

California, of course is in it's own little world, to quote California Attorney General Edmund G. Brown, Jr.:

"...Likewise, the California Supreme Court has determined that laws passed by the state legislature which address gun control can be valid. "No mention is made in [the California Constitution] of a right to bear arms. (See In re Ramirez (1924) 193 Cal. 633, 651 [226 P. 914, 34 A.L.R. 51][`The constitution of this state contains no provision on the subject.'].) Moreover, `it is long since settled in this state that regulation of firearms is a proper police function.' (Galvan v. Superior Court, (1969) 70 Cal.2d 851, 866 [76 Cal.Rptr. 642, 452 P.2d 930].)" Kasler v. Lockyer, (2000) 23 Cal.4th 472, 481.

I am duty bound and constitutionally obligated to defend and enforce the law as written by our state legislature and explained by our courts. And, while I am personally convinced that the Second Amendment was indeed intended to provide some measure of entitlement for individuals to own firearms, the degree of that entitlement, and the extent to which it must be balanced with the state's right and responsibility to protect public health and safety, is still being interpreted by our nation's courts. And I believe that the interpretation of most courts, which holds that the states have the power to regulate firearms possession and usage within their boundaries, is both wise and correct. As a legislator, I supported reasonable measures to regulate firearms over the years. As California's Attorney General, I strongly support the system of government which we enjoy, and which I am sworn to preserve and protect, and I will continue to keep my promise to the people of California to fairly and fully enforce our laws, and to defend the laws our representatives have enacted."

Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

If H.R. 45 does get passed, you'd better make sure that you're wholly familiar with both the 4th and 5th amendments.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Why does the Federal Government, in its entirety, constantly ignore both the 9th and 10th amendments? They seem pretty simple, if it's not in the Constitution as the responsibility of the Federal Government, than it's the responsibility of either the state governments or "We the People." Why is that so difficult to understand?

Amendment X
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.

These Bill of Rights are quite simple to understand. Unfortunately we have been saddled with an Executive Branch that continues to expand the size of the government, a Legislative Branch that believes they are the ones actually running the country, and a Judicial Branch that believes they can bend the Constitution to fit the politically correct needs of the Congress. None of these politicians or political appointees understand that they are simply employees of "We the People".
Many of them are multi-millionares who have been successful in the business world, yet if they ran their businesses the way they run our government, they'd all be bankrupt and on welfare! Some of them have been in Washington so long they really have no idea what their constituents really think - nor do they care. As of March this year the 4 senior Senators have served for 50, 46, 46, and 34 years respectively. The President of the Senate (VP of the US) spent 36 years in the Senate until sworn in as VEEP! As of last July, 17 members (including mine) of the House of Representatives have served for over 30 years, and one for 50 years.

And I thought the President wanted change!

May God Bless You.
Gunner Sends.