Did you know that a vast majority of new ammendments have granted new (and often seemingly silly) powers to congress rather than restricting the rights of our government. In fact, of the last 14 ammendments to the constitution, 9 have granted new powers to congress.

Also, a distinct change in tone is noticed in these ammendments, becoming more pronounced the later the proposal date of the ammendment. Their language suggests that the government is the guarantor of our rights, instead of the constitution. And also that the government (rather than the people) is the source of all political power. I find this trend immensely disturbing.

For example, many ammendments seem to restrict the right of the government to do certain things, like discriminate among races or sexes with regards to voting rights, then give the congress the power to enforce them. What on earth is that supposed to mean. It's a constitutional ammendment! It's restricting the power of government. How can congress be trusted to pass laws that restrict its own power?! None of the rest of the constitution has this trust.

Here are a list of ammendments granting power to congress, along with a short description of what they're for.

Ammendment XIII

Declares slavery to be abolished, then grants congress the power to enforce this. This makes laws supporting slavery unconstitutional.

Actually, I think this is one of the few places where granting congress power is sort of OK because slavery didn't exist solely because of laws passed by the government. Congress needed the power to enforce the ban on slavery to root out the civil institution. I think the language should be adjusted to more clearly define congress' role here. This ammendment could be construed as the basis of minimum wage law.

Ammendment XIV

This is a long and complex ammendment, designed to address many problems that arose because of the Civil War. I can't do the ammendment justice with a short synopsis, but it is an ammendment that grants congress the power to enforce it.

Ammendment XV

Disallows restrictions on race for voting purposes,, and, for some strange reason, gives congress the power to enforce an ammendment which is supposed to restrict its power.

Ammendment XVI

Grants the congress the power to collect income taxes. At the time it was passed, it was thought that income taxes would NEVER rise above 17% or so.

Ammendment XVIII

The infamous prohibition ammendment. Repealed by Ammendment XXI.

Ammendment XIX

Disallows the restriction of voting rights to women, and for some reason gives the congress the power to enforce an ammendment which is supposed to restrict its power.

Ammendment XXIII

Grants representation rights to Washington DC, and for some reason grants congress the power to enforce the ammendment. This seems like a completely gratuitous clause.

Ammendment XXIV

Disallows poll taxes, and for some reason, gives congress the power to enforce an ammendment designed to restrict its power. The ammendment itself is enough to strike down any law requiring poll taxes. This is gratuitous.

Ammendment XXVI

Says that everyone under 18 has the right to vote, then gives congress the power to enforce the ammendment. Why? If any governmental entity tried to restrict this right, it'd be unconstitutional anyway!



Eric Hopper eric-www@omnifarious.org My homepage