What part of the Constitution would you repeal?

On this day (5 December) in 1933, the 21st Amendment was offcially ratified. This was the historic constitutional amendment that repealed the Puritancial and paternalistic 18th Amendment, which had mandated a nationwide prohibition on the manufacture, distribution, and sale of alcohol. So, if you were the King or Queen of North America for a day, what constitutional clause or amendment would you repeal? The open-ended Interstate Commerce Clause? The cumbersome Electoral College? The oppressive 16th Amendment authorizing federal income taxes? So many terrible rules to choose from!

About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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26 Responses to What part of the Constitution would you repeal?

  1. Those are great suggestions for amendments to repeal. Sometimes even the portions of the Constitution that have a legitimate fiction can be abused.

    For example, the Guarantee Clause was used to argue against Tabor in Colorado. This is completely absurd, there is nothing less despotic than receiving the consent of the governed regarding taxation. Then again what defines a “republican” form of government is vaguely defined.

    https://www.cato.org/publications/legal-briefs/hickenlooper-v-kerr

    https://www.cato.org/publications/legal-briefs/kerr-v-hickenlooper

  2. Great suggestions for Constitutional Amendments worthy of appeal.

    What about those that have a legitimate function that can be abused?

    For example the Guarantee Clause. Preventing states from exerting too much power can operate as a check on tyrannical power ( although it is seldom appropriately exercised).

    Unfortunately, it was unjustly used to argue against TABOR in Colorado . I can’t think of anything less despotic then mandating the consent of the citizens prior to levying state taxes. Also, what is meant by maintaining a “Republican” form of government. The ambiguity of this term is problematic. If a tax payer Bill of Rights isn’t consistent with a Republican form of government, then to hell with it!

    https://www.cato.org/publications/legal-briefs/hickenlooper-v-kerr

  3. ragnarsbhut says:

    The 16th and 17th Amendments being repealed would be my 2 picks.

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