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 This was the historic constitutional amendment that repealed the Puritancial and paternalistic 18th Amendment, which had mandated a nationwide prohibition on the manufacture, distribution, and sale of alcohol.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!
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
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
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The 16th and 17th Amendments being repealed would be my 2 picks.
Agreed!
I also do invite you to look at my blog.
Done!
Be sure to read each post thoroughly. You can comment on them individually or on all of them.
Will do… As it happens, I love hot sauces, so I am looking forward to this exercise!
I am open to suggestions for items to review. You can put those in my first post. All other posts are related to hot sauces I have reviewed. Regarding the comments, they can be lengthy or short. The only things that will not be tolerated would be crude language or insults.
Here is one of my fauvorites: Matouk’s Hot Calypso Hot Sauce: https://www.hotsauce.com/matouks-hot-calypso-hot-sauce/
This does look good. How would you best describe the flavor?
Habanero spicy!
Awesome! I was not meaning to change the subject away from the topic that this post is meant to address. My question was generalized.
#Serendipity
Are you a fan of Mark Levin, Mike Lee, Andrew Napolitano or Ted Cruz?
I respect those guys but am not a fan. By way of example, I reviewed one of Levin’s books here: https://priorprobability.com/2013/08/17/is-it-time-for-a-new-constitutional-convention/
I like them all for their own reasons, so I have a slightly different opinion than you do regarding being a fan. Just my thoughts.
Full disclosure: my philosophical and political sympathies lie with libertarians like Robert Nozick.
I also have those inclinations. By the way, I am enjoying your blog.
Much appreciated!
My blog posting may be infrequent, however, you are welcome to comment on any of my posts. Just be sure to read them all and you can comment on them individually or on all of them. Start with the first post and then go on from there.
I am loving your blog and will post some comments soon!
If you do leave any comments, I would only ask that the language be governed accordingly. As far as the first post goes, that is where suggestions can be provided for items that could be suggested for my reviews. My only rule regarding comments is that they be clean. Otherwise, comment at will and tell your family and friends about my blog. Regarding the hot sauces I have already blogged about, feel free to leave me any feedback. Comments can be lengthy or short.
sounds good! will do …
My blog is solely and heavily moderated, as well as being family-friendly. If I get a comment that says that the person likes the flavor ideas of the sauce being described, however, the sauce itself sounds too spicy, I will engage in a discussion with said person on the matter.