Time for Constitutional Amendments

In Today's The New Yorker (@newyorker), Jeffrey A. Frank (@jeffreyafrank) asks:

"What If A President Loses Control?"

The article discuss the U.S. Constitution and reminds us that the 25th Amendment exists as a contingency plan in case a President becomes incapacitated or is unable to perform duties competently.

Jeffrey Frank cites Supreme Court Justice Felix Frankfurter, who believed the framers purposely ignored the issue because “almost any means created its own problems and that therefore the matter was to be left to the pressure of events whenever the contingency arose.”

Frankfurter wrote, “I need hardly add that there were no keener, more resourceful draftsmen than Hamilton and Madison,” so they must have “concluded to leave the matter in the undefined form in which it now stands.”

Alexander Hamilton clearly expressed this as his view in 1788. He believed our Constitution must be written in the most general of terms because of their permanency. Too much specificity would limit the scope of the document. Hamilton knew the Founders could not possibly anticipate how society might evolve over the ensuing centuries.

Just as humans should be receptive to and capable of change, the Constitution must similarly be both mutable and malleable, to wit, a living and breathing document that evolves in response to new information and the changing times.

Interpretation of the Constitution would be influenced by, and reflect the views and mores of each generation, necessitating amendments to more accurately address a transforming society's needs.

This is why our Constitution must be considered a living document. 

With that, I challenge Jeffrey Frank's assertion that "the Electoral College is unlikely to be changed—at least not any time soon; the Founders made it difficult to tamper with their extraordinarily durable, imperfect document."

As we know, Congress has thought it fit to "tamper with" the Constitution; there are 27 Amendments to date. The first 10 were written in 1791 as our Bill of Rights, addended to the original document. As soon as the Founders drafted the Constitution, several states demanded greater constitutional protection for individual liberties, thus invoking specific prohibitions on governmental power.

In response, James Madison drafted The Bill of Rights.

Amendment 1: 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.

Amendment 2: 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.

Amendment 3: 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 4: 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.

Amendment 5: 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 6: 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 7: 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 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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.

Since then, the Constitution has been amended 17 more times.

1795 – Amendment 11: Makes states immune from suits from out-of-state citizens and foreigners not living within state borders; lays foundation for sovereign immunity.

1804 – Amendment 12: Revises presidential election procedures. (Changes to Electoral College.)

1865 – Amendment 13: Abolishes slavery and involuntary servitude, except as punishment for a crime.

*It took Congress over 70 years to free Blacks from slavery.

1868 – Amendment 14: Defines citizenship, contains Privileges or Immunities Clause, Due Process Clause, Equal Protection Clause, and deals with post-Civil War issues.

1870 – Amendment 15: Prohibits denial of right to vote based on race, color, or previous condition of servitude.

1913 – Amendment 16: Permits Congress to levy income tax without apportioning it among states or basing it on United States Census.

1913 – Amendment 17: Establishes direct election of United States Senators by popular vote.

*The 16th and 17th Amendments were both

passed by Congress for their own benefit

Notice that they are elected by popular vote!

1919 – Amendment 18: Prohibited manufacturing or sale of alcohol within United States. (Repealed December 5, 1933)

*The 18th Amendment began a 14-year period of Prohibition, 

imposing morality via legislation.

1920 – Amendment 19: Prohibits denial of right to vote based on sex.

*It took Congress over 120 years to give Women the right to vote.

1933 – Amendment 20: Changes the date on which the terms of the President and Vice President (January 20) and Senators and Representatives (January 3) end and begin.

1933 – Amendment 21: Repeals 18th Amendment, but makes it a federal offense to transport or import intoxicating liquors into US states and territories where such transport or importation is prohibited by laws of those states and territories.

*The 21st Amendment lifts ban on Alcohol/Liquor,

but imposes interstate regulations.

1951 – Amendment 22: Limits number of times a person can be elected president: a person cannot be elected president more than twice, and a person who served more than two years of term to which someone else was elected cannot be elected more than once.

*Interestingly, a Republican-controlled Congress passed 

the 22nd Amendment to limit the terms of a President after FDR,

but have not imposed a limit to how many times they can be elected.

George Washington believed in limiting the terms of a President. 

A friend urged him to come out of retirement in 1799 to run for a third term.

In light of the phenomena of multiple political parties, Washington responded:

"The line between Parties" had become "so clearly drawn"

that politicians "regard neither truth nor decency; 

attacking every character without respect to persons

-- public or private -- who differ from themselves in Politics."

1961 – Amendment 23: Grants District of Columbia electors (the number of electors being equal to the least populous state) in Electoral College.

1964 – Amendment 24: Prohibits revocation of voting rights due to non-payment of a poll tax or any other tax.

1967 – Amendment 25: Addresses succession to Presidency and establishes procedures both for filling a vacancy in office of Vice President, as well as responding to Presidential disabilities.

*The 25th Amendment has been discussed of late as a possible option 

for removing Donald Trump, due to his being viewed as having severe 

psychological, emotional, intellectual, and behavioral disabilities.

The Amendment is an option when "the President is unable

to discharge the powers and duties of his office." 

It was enacted in response to the assassination

of President John F. Kennedy.

1971 – Amendment 26: Prohibits denial of right of US citizens, eighteen years of age or older, to vote on account of age.

1992 – Amendment 27: Delays laws affecting Congressional salary from taking effect until after next election of representatives.

*The 27th Amendment was submitted for ratification in 1789.

But it took over 200 years, because

Congress didn't want a law that would
limit increasing their own salaries.

As you can see, the Constitution has been amended twice with respect to the Electoral College. In 1804, the 12th Amendment replaced the procedure provided in Article II, Section 1, Clause 3. Then in 1961, the 23rd Amendment gave the District of Columbia its own electors, effectively considering it a state for the purpose of voting. 

Precedent has been set that the Constitution can be amended with respect to the Electoral College. As we learned in 2000 and 2016, it no longer accurately represents the wishes of the majority of voters. It no longer serves the best interests of the American people. It is no longer effective or fair given the distribution of our population.

Twenty-five years have passed since the last Constitutional Amendment. It is time for the Constitution to once again be amended. The Electoral College must be abolished at once via Constitutional Amendment.

While we are amending the Constitution, this additional Amendment is requested by "We the People" of these United States of America. Such Amendment shall mandate that all Presidential candidates:

Release 20 years of tax returns to the public for examination at least four (4) weeks prior to a Primary election.

Undergo physical and psychiatric examinations by an independent panel of physicians, releasing those medical reports to the public for review at least four (4) weeks prior to a Primary election;

Submit to a full background check (including any foreign ties or interests) and lie detector test, with the results being made available to the public for review at least four (4) weeks prior to a General election; and 

Provide proof they have divested themselves fully of any and all holdings and/or personal, financial, or business conflicts of interest, by either placing their assets in a true "blind trust," or selling off all interests in same, at least one month prior to Inauguration.

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The Art of Political Lying

"Falsehood flies, 
and the Truth comes limping after it." 
~ Jonathan Swift (1667–1745)

I, like many, attributed the quote about a lie traveling around the world faster than the truth can catch up, to Mark Twain. As it turns out, I was wrong. Jonathan Swift wrote about this over 300 years ago. And before Swift, Ovid wrote about rumors almost 2000 years ago in 8 A.D.

QuoteInvestigator.com states: "Metaphorical maxims about the speedy dissemination of lies and the much slower propagation of corrective truths have a very long history."

Excerpt from The Examiner No. XIV
by Jonathan Swift Thursday, November 9th, 1710

"Besides, as the vilest Writer has his Readers, so the greatest Liar has his Believers; and it often happens, that if a Lie be believ’d only for an Hour, it has done its Work, and there is no farther occasion for it. Falsehood flies, and the Truth comes limping after it; so that when Men come to be undeceiv’d, it is too late; the Jest is over, and the Tale has had its Effect…"

This brings me to the greatest Liar of them all -- Donald J. Trump.
On January 1, 2017, the Associated Press (AP) ran this:

Trump expected to embrace bold use of Twitter

Incoming White House press secretary Sean Spicer says he expects President-elect Donald Trump will boldly use Twitter to make major policy announcements. 

Trump was scolded by foreign policy experts last month when he used Twitter as the venue to say that the U.S. should greatly strengthen and expand its nuclear capacity until such time as the world comes to its senses regarding nuclear weapons.

Spicer said Sunday on ABC's "This Week" that he thinks it freaks the mainstream media out that Trump has more than 45 million people following him on social media. He says Trump doesn't need to funnel his comments through mainstream media outlets. 

Spicer says when Trump tweets, he gets results.

Sadly, Sean Spicer exaggerates as much as Trump. For example, he claims that Trump has "45 million people following him." It took me all of five seconds to look at Trump's Twitter page. He has only 18.4 million followers, less than half of Spicer's claim. It's also relevant to note that a considerable number of followers may be fake accounts created by Russian "bots." Many others are not fans, but rather, Democrats and concerned Americans (like me) keeping a close eye on him.

The translation of Spicer's statement that Trump "doesn't need to funnel his comments" through media? Trump can use Twitter to disseminate lies and have them spread before anyone can debunk them.

I also take exception to Spicer's use of the adverb "boldly." There is nothing bold about Trump's use of Twitter to avoid being challenged by the media. More truthful adverbs might be: timorously, deceptively, and manipulatively.

*   *   *   *   *

In the year 8 A.D., the Roman poet, Ovid, wrote a Latin narrative poem titled "Metamorphoses." It is considered his magnum opus, comprised of 15 books and over 250 myths. The poem is a hybrid of myth and history, chronicling the history of the world beginning with the time of its creation up to the deification of Julius Caesar. 

Ovid's Bk XII:39-63 The House of Rumour

There is a place at the centre of the World, between the zones of earth, sea, and sky, at the boundary of the three worlds.  From here, whatever exists is seen, however far away, and every voice reaches listening ears. Rumour lives there, choosing a house for herself on a high mountain summit, adding innumerable entrances, a thousand openings, and no doors to bar the threshold. It is open night and day: and is all of sounding bronze. All rustles with noise, echoes voices, and repeats what is heard. There is no peace within: no silence anywhere. Yet there is no clamour, only the subdued murmur of voices, like the waves of the sea, if you hear them far off, or like the sound of distant thunder when Jupiter makes the dark clouds rumble. 

Crowds fill the hallways: a fickle populace comes and goes, and, mingling truth randomly with fiction, a thousand rumours wander, and confused words circulate. Of these, some fill idle ears with chatter, others carry tales, and the author adds something new to what is heard. Here is Credulity, here is rash Error, empty Delight, and alarming Fear, sudden Sedition, and Murmurings of doubtful origin. Rumour herself sees everything that happens in the heavens, throughout the ocean, and on land, and inquires about everything on earth.

*   *   *   *   *

Here now is the full text of Swift's magnificent essay on the Art of Political Lying. It is prefaced by his poem, derivative of and inspired by Ovid's Bk XII:39-63 The House of Rumour (just above):

The Examiner No. XIV

by Jonathan Swift Thursday, November 9th, 1710

E quibus hi vacuas implent sermonibus aures,
Hi narrata ferunt alio: mensuraque ficti
Crescit, et auditis aliquid novus adjicit auctor.
Illic Credulitas, illic temerarius Error,
Vanaque Laetitia est, consternatigue Timores,
Seditioque recens, dubioque auctore Susurri.

With idle tales this fills our empty ears;
The next reports what from the first he hears;
The rolling fictions grow in strength and size,
Each author adding to the former lies.
Here vain credulity, with new desires,
Leads us astray, and groundless joy inspires;
The dubious whispers, tumults fresh designed,
And chilling fears astound the anxious mind. — Ovid, Metamorphoses. xii. 61.

I AM prevailed on, through the importunity of friends, to interrupt the scheme I had begun in my last paper, by an Essay upon the Art of Political Lying. We are told the devil is the father of lies, and was a liar from the beginning; so that, beyond contradiction, the invention is old: and, which is more, his first Essay of it was purely political, employed in undermining the authority of his prince, and seducing a third part of the subjects from their obedience: for which he was driven down from Heaven, where (as Milton expresses it) he had been viceroy of a great western province; and forced to exercise his talent in inferior regions among other fallen spirits, poor or deluded men, whom he still daily tempts to his own sin, and will ever do so, till he be chained in the bottomless pit.	1
But although the devil be the father of lies, he seems, like other great inventors, to have lost much of his reputation, by the continual improvements that have been made upon him.	2
Who first reduced lying into an art, and adapted it to politics, is not so clear from history, although I have made some diligent inquiries. I shall therefore consider it only according to the modern system, as it has been cultivated these twenty years past in the southern part of our own island.	3
The poets tell us, that after the giants were overthrown by the gods, the earth in revenge produced her last offspring which was Fame. And the fable is thus interpreted: that when tumults and seditions are quieted, rumours and false reports are plentifully spread through a nation. So that, by this account, lying is the last relief of a routed, earth-born, rebellious party in a state. But here the moderns have made great additions, applying this art to the gaining of power and preserving it, as well as revenging themselves after they have lost it; as the same instruments are made use of by animals to feed themselves when they are hungry, and to bite those that tread upon them.	4
But the same genealogy cannot always be admitted for political lying; I shall therefore desire to refine upon it, by adding some circumstances of its birth and parents. A political lie is sometimes born out of a discarded statesman’s head, and thence delivered to be nursed and dandled by the rabble. Sometimes it is produced a monster, and licked into shape: at other times it comes into the world completely formed, and is spoiled in the licking. It is often born an infant in the regular way, and requires time to mature it; and often it sees the light in its full growth, but dwindles away by degrees. Sometimes it is of noble birth; and sometimes the spawn of a stock-jobber. Here it screams aloud at the opening of the womb; and there it is delivered with a whisper. I know a lie that now disturbs half the kingdom with its noise, which, although too proud and great at present to own its parents, I can remember its whisperhood. To conclude the nativity of this monster; when it comes into the world without a sting, it is still-born; and whenever it loses its sting, it dies.	5
No wonder if an infant so miraculous in its birth should be destined for great adventures: and accordingly we see it hath been the guardian spirit of a prevailing party for almost twenty years. It can conquer kingdoms without fighting, and sometimes with the loss of a battle. It gives and resumes employments; can sink a mountain to a mole-hill, and raise a mole-hill to a mountain: hath presided for many years at committees of elections; can wash a blackmoor white; make a saint of an atheist, and a patriot of a profligate; can furnish foreign ministers with intelligence, and raise or let fall the credit of the nation. This goddess flies with a huge looking-glass in her hands, to dazzle the crowd, and make them see, according as she turns it, their ruin in their interest, and their interest in their ruin. In this glass you will behold your best friends, clad in coats powdered with fleurs de lis, and triple crowns; their girdles hung round with chains, and beads, and wooden shoes; and your worst enemies adorned with the ensigns of liberty, property, indulgence, moderation, and a cornucopia in their hands. Her large wings, like those of a flying-fish, are of no use but while they are moist; she therefore dips them in mud, and soaring aloft scatters it in the eyes of the multitude, flying with great swiftness; but at every turn is forced to stoop in dirty ways for new supplies.	6
I have been sometimes thinking, if a man had the art of the second sight for seeing lies, as they have in Scotland for seeing spirits, how admirably he might entertain himself in this town, by observing the different shapes, sizes, and colours of those swarms of lies which buzz about the heads of some people, like flies about a horse’s ears in summer; or those legions hovering every afternoon in Exchange-alley, enough to darken the air; or over a club of discontented grandees, and thence sent down in cargoes to be scattered at elections.	7
There is one essential point wherein a political liar differs from others of the faculty, that he ought to have but a short memory, which is necessary, according to the various occasions he meets with every hour of differing from himself, and swearing to both sides of a contradiction, as he finds the persons disposed with whom he hath to deal. In describing the virtues and vices of mankind, it is convenient, upon every article, to have some eminent person in our eye, from whom we copy our description. I have strictly observed this rule, and my imagination this minute represents before me a certain great man famous for this talent, to the constant practice of which he owes his twenty years’ reputation of the most skilful head in England, for the management of nice affairs. The superiority of his genius consists in nothing else but an inexhaustible fund of political lies, which he plentifully distributes every minute he speaks, and by an unparalleled generosity forgets, and consequently contradicts, the next half hour. He never yet considered whether any proposition were true or false, but whether it were convenient for the present minute or company to affirm or deny it; so that if you think fit to refine upon him, by interpreting everything he says, as we do dreams, by the contrary, you are still to seek, and will find yourself equally deceived whether you believe or not: the only remedy is to suppose, that you have heard some inarticulate sounds, without any meaning at all; and besides, that will take off the horror you might be apt to conceive at the oaths, wherewith he perpetually tags both ends of every proposition; although, at the same time, I think he cannot with any justice be taxed with perjury, when he invokes God and Christ, because he hath often fairly given public notice to the world that he believes in neither.	8
Some people may think, that such an accomplishment as this can be of no great use to the owner, or his party, after it has been often practised, and is become notorious; but they are widely mistaken. Few lies carry the inventor’s mark, and the most prostitute enemy to truth may spread a thousand, without being known for the author: besides, as the vilest writer hath his readers, so the greatest liar hath his believers: and it often happens, that if a lie be believed only for an hour, it hath done its work, and there is no further occasion for it. Falsehood flies, and truth comes limping after it, so that when men come to be undeceived, it is too late; the jest is over, and the tale hath had its effect: like a man, who hath thought of a good repartee when the discourse is changed, or the company parted; or like a physician, who hath found out an infallible medicine, after the patient is dead. *   *   *   *   * From the Letters of Thomas Jefferson [written to Peter Carr on August 19, 1785] "It is of great importance to set a resolution, not to be shaken,  never to tell an untruth. There is no vice so mean, so pitiful,  so contemptible; and he who permits himself to tell a lie once,  finds it much easier to do it a second and third time, till at length  it becomes habitual; he tells lies without attending to it,  and truths without the world's believing him.  This falsehood of the tongue leads to that of the heart,  and in time depraves all its good dispositions."