# What Amendment would you add to the US Constitution?

**URL:** <https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377>\
**Category:** In My Humble Opinion\
**Created:** [June 17, 2007, 6:12pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377 "2007-06-17T18:12:50Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Scuba\_Ben](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Scuba\_Ben](https://boards.straightdope.com/u/Scuba_Ben)\
**Post date:** [June 18, 2007, 12:40pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/21 "2007-06-18T12:40:25Z")

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[QUOTE=Larry Borgia]  
I’d get rid of the electoral college and move voting to Saturday.  
[/QUOTE]

I’d replace the concept that the general election must be held on a single day; I’d change it to a three day span.

But I also want to restrict the government’s ability to keep information that it collects out of the public domain. And I also want to restore copyright protection to a reasonable concept of “limited period.” Do I have to choose only one?

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [June 18, 2007, 1:11pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/22 "2007-06-18T13:11:45Z")

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Two, maybe three proposals.

**Number 1**  
Article the first: Any admitted state shall have the right to, by honest vote of 75% of its citizens, secede from the Union.

Article the second: Such votes as outlined in article one, above, shall take place in the first year of any decade. Such votes may not be held more often than once per ten year period.

Article the third: Any state that secedes shall be eligible for re-admission to the Union upon application to the United States Congress and majority approval of the current States.

Article the fourth: This amendment shall go into effect with the first year of a decade following the ratification of this amendment.

**Number 2**  
Article the first: The budget of the United States must be balanced expect by explicit majority vote of both houses of Congress.

Article the second: Votes, as outlined above, must be a supermajority in this matter: The first year out of balance 60% of Congress must approve the budget. The second consecutive year our of balance 70% of Congress must approve the budget. Each successive year 80% of Congress must approve the budget.

Article the third: The President, must, for an out-of-balance budget to be passed, make a positive act of acceptance of such budget through his signature.

Article the fourth: In event the federal budget is out of balance per the outline above, no continuing resolutions will be permitted to allow the federal government to operate out of balance.

**Number 3**  
Article the first: The apportionment of the House of Representatives will be made according to the population as determined every ten years by the United States Bureau of the Census.

Article the second: ‘Population’ as considered for purposes of Congressional representation, shall only count United States Citizens, both of voting age and otherwise, whether holding the franchise or not. No one who is not a Citizen of the Several States, whether natural born or otherwise, shall be considered in any apportionment calculation.

Article the third: Congressional Districts, being of primary importance to the existence of good government, shall be districted by a panel of no more than nine retired judges. Said judges will be appointed on a non-partisan basis and should have not been a member of an organized political party for the last twenty years.

Article the fourth: Any group of citizens who object to the design of a Congressional district can force a reconsideration with a petition that is signed by 10% of the citizens in that district that are eligible to vote.

Why, yes, I do believe in frustrating the elected. Why do you ask?

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**Author:** ![Scuba\_Ben](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Scuba\_Ben](https://boards.straightdope.com/u/Scuba_Ben)\
**Post date:** [June 18, 2007, 2:18pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/23 "2007-06-18T14:18:21Z")

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Excellent ideas, **Jonathan Chance**. I may withdraw my proposals to support your Congressional district panel proposal.

I do have one question about that proposal, though:

[QUOTE=Jonathan Chance]  
Said judges will be appointed on a non-partisan basis and should have not been a member of an organized political party for the last twenty years.  
[/quote]  
Why exclude judges who are simply registered party members? I understand excluding judges who have been active in party politics, and for this purpose I wholeheartedly agree. But I’d like to know why you’d exclude judges who just want to vote in a party’s primary election.

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**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\
**Post date:** [June 18, 2007, 2:30pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/24 "2007-06-18T14:30:36Z")

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[QUOTE=Jonathan Chance]  
Two, maybe three proposals.

**Number 3**  
Article the first: The apportionment of the House of Representatives will be made according to the population as determined every ten years by the United States Bureau of the Census.

Article the second: ‘Population’ as considered for purposes of Congressional representation, shall only count United States Citizens, both of voting age and otherwise, whether holding the franchise or not. No one who is not a Citizen of the Several States, whether natural born or otherwise, shall be considered in any apportionment calculation.

Article the third: Congressional Districts, being of primary importance to the existence of good government, shall be districted by a panel of no more than nine retired judges. Said judges will be appointed on a non-partisan basis and should have not been a member of an organized political party for the last twenty years.

Article the fourth: Any group of citizens who object to the design of a Congressional district can force a reconsideration with a petition that is signed by 10% of the citizens in that district that are eligible to vote.  
[/QUOTE]

I like. I would, however, make on addition: I would have a provision to require the number of Repersentatives equal no fewer than one Representative per 100,000 citizens.

* * *

I know the Electoral College is not very popular, but I do not think Direct Election is the answer. I would instead change the system to eliminate the “Winner Take All” system. Have each congressional district select one Elector, and the winner of the state gets the additional two.

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**Author:** ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)\
**Post date:** [June 18, 2007, 4:58pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/25 "2007-06-18T16:58:35Z")

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[QUOTE=FriarTed]  
Only children born in the U.S. to legal residents are natural-born citizens.  
[/QUOTE]

Specifically, only the children of US citizens and legally resident aliens _who intend to become citizens_ automatically get citizenship. Illegal aliens and people with temporary visas do not get to have “anchor babies.” It doesn’t matter if the kid was born on the steps of the White House. If he doesn’t have at least one qualified parent, he gets only the citizenship that he inherits from his parents.

[QUOTE=Maus Magill]  
I like. I would, however, make on addition: I would have a provision to require the number of Repersentatives equal no fewer than one Representative per 100,000 citizens.  
[/quote]

You sure about that? That would mean that the House of Representatives would have about 3000 members, and would probably look like one of those Baptist mega-churches.

> [@](#):
>
> I know the Electoral College is not very popular, but I do not think Direct Election is the answer. I would instead change the system to eliminate the “Winner Take All” system. Have each congressional district select one Elector, and the winner of the state gets the additional two.

I could get behind this. This would give a much better picture of how popular a president really is, and reward candidates who have broad appeal, instead of only being popular in a few “key” states.

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**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\
**Post date:** [June 18, 2007, 5:03pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/26 "2007-06-18T17:03:45Z")

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[QUOTE=Diceman]  
You sure about that? That would mean that the House of Representatives would have about 3000 members, and would probably look like one of those Baptist mega-churches.  
[/QUOTE]

Eh - you’re right. 3000 is a little unwieldy - I was thinking more like 1000 members. 435 is far too few.

> [@](#):
>
> I could get behind this. This would give a much better picture of how popular a president really is, and reward candidates who have broad appeal, instead of only being popular in a few “key” states.

Ding! Ding! Ding! That’s why the College is important. Properly implemented , it would make it very hard to win with 50.1% of the popular vote.

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**Author:** ![Maggie\_the\_Ocelot](https://avatars.discourse-cdn.com/v4/letter/m/df705f/32.png) [@Maggie\_the\_Ocelot](https://boards.straightdope.com/u/Maggie_the_Ocelot)\
**Post date:** [June 18, 2007, 5:25pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/27 "2007-06-18T17:25:35Z")

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The ERA.

Yes, it’s still necessary.

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**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\
**Post date:** [June 18, 2007, 5:30pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/28 "2007-06-18T17:30:18Z")

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“Every adult citizen, shall have the right to improve their mental state via the use of chemicals. Such use of chemicals shall be consistent with the duty not to harm any other person.”

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**Author:** ![Mr.Excellent](https://avatars.discourse-cdn.com/v4/letter/m/f19dbf/32.png) [@Mr.Excellent](https://boards.straightdope.com/u/Mr.Excellent)\
**Post date:** [June 18, 2007, 5:40pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/29 "2007-06-18T17:40:25Z")

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I’d add Article 8 of the NH Constitution:

> [@](#):
>
> All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted.

When New Hampshire gets it right, they _really_ get it right.

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**Author:** ![vibrotronica](https://avatars.discourse-cdn.com/v4/letter/v/a9a28c/32.png) [@vibrotronica](https://boards.straightdope.com/u/vibrotronica)\
**Post date:** [June 18, 2007, 6:44pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/30 "2007-06-18T18:44:58Z")

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Well, I’m late to the party!

I’d either go with explicitly defining a right to privacy or **Johnathon Chance** ’s anti-gerrymandering provision. The country would be a better place if we had both.

And a pony for every citizen. A pony in every pot, and pot in every citizen!

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**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\
**Post date:** [June 18, 2007, 6:52pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/31 "2007-06-18T18:52:52Z")

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I’d have a hard time picking a single amendment.

\*\*1) Corporations. \*\* Like the OP, I’d like to see an amendment with respect to corporations. It would specify that the rights and protections of Amendments I-X and XIV apply only to flesh-and-blood human beings. Corporations’ rights would be amenable to creation by statute, and by future Constitutional amendments.

**2) Voting rights.** The right of U.S. citizens of 18 years of age or older to vote in elections for Federal office would be inviolable, and not subject to nontrivial burdens.

A second clause of this amendment would make Election Day a Federal holiday in even-numbered years.

**3) Popular vote majority needed to win Federal elections.** The winner of an election for Federal office (President, Vice President, Senator, Representative, and any other elective Federal offices) is the person who wins a majority of the votes. If no one candidate wins a majority, the top two finishers will compete in a runoff to be held on the third Saturday after the election.

A second clause to this amendment would allow the substitution of instant runoff voting for the runoff on the third Saturday after.

**4) The ERA.** Yep, it’s still needed.

\*\*5) Time limitation on court packing. \*\* Appointments to the Federal judiciary shall be for a term of twenty years, unless ended sooner by death, resignation, impeachment, or conviction of a felony.

The twenty-year term would apply to each separate appointment, e.g. a Circuit Court judge with 19 years’ experience there would be eligible to serve 20 years on the Supreme Court if appointed to it.

For judges currently on the Federal bench (ditto Justices), the 20 years would start counting immediately upon ratification, for judges with 20 or more years of service; two years later, for judges with 12-19 years of service; four years later, for judges with 6-11 years of service; and six years later, for judges with 0-5 years of service.

Call it the “Clarence Thomas Amendment.” 🙂

\*\*6) Privacy. \*\* I’ll just second **Broomstick** here.

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**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\
**Post date:** [June 18, 2007, 7:21pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/32 "2007-06-18T19:21:20Z")

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I can’t limit it to one.

1. The voting method for all elections shall be on paper ballots marked in ink by the voter and the ballots shall be archived in perpetuity.

2. The president may ratify or veto bills in their entirety and may not add any written comments or interpretations to any bill signed.

3. The electoral votes shall be awarded one per congressional district based on popular vote in that district with two electoral votes going to the winner of the statewide election.

4. Voter registrations shall not in any manner indicate a membership or preference in any political party.

5. The Speaker of the House shall not be of the same political party as the president. The president’s political party shall be the minority party in each congressional committee.

6. The use of tobacco in any form shall not be permitted in any public space.

7. The Second Amendment to the Constitution is hereby repealed. States and local agencies shall be empowered to enact gun laws as they see fit.

8. All income taxes will be replaced by a national sales tax with proper allowance for rebating this tax to low income families.

9. All persons in the United States are entitled to basic medical care even if unable to pay for it.

10. Vacancies in the Supreme Court will be filled by the Senate choosing from one candidate recommended by the president and one candidate recommended by the Speaker of the House.

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**Author:** ![Clothahump](https://avatars.discourse-cdn.com/v4/letter/c/51bf81/32.png) [@Clothahump](https://boards.straightdope.com/u/Clothahump)\
**Post date:** [June 18, 2007, 10:55pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/33 "2007-06-18T22:55:41Z")

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I’ve been thinking about this, and I’d like to add:

An amendment that repeals the 16th Amendment; implements the Fair Tax; and limits the Congress to submitting a budget no greater than 99% of the tax revenues collected in the preceding year, with no deficit spending except in case of war or national emergency.

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**Author:** ![phouka](https://avatars.discourse-cdn.com/v4/letter/p/c5a1d2/32.png) [@phouka](https://boards.straightdope.com/u/phouka)\
**Post date:** [June 19, 2007, 1:07am UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/34 "2007-06-19T01:07:38Z")

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All private behavior by consenting adults is hereby Constitutionally protected and may not be restricted by local, state, or Federal government.

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**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\
**Post date:** [June 19, 2007, 6:07pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/35 "2007-06-19T18:07:58Z")

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Combovers should be punishable by…shaving of the combover.

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**Author:** ![retired\_prof](https://avatars.discourse-cdn.com/v4/letter/r/aeb1de/32.png) [@retired\_prof](https://boards.straightdope.com/u/retired_prof)\
**Post date:** [July 28, 2017, 5:43pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/36 "2017-07-28T17:43:31Z")

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1. Presidential Pardons may not be issued prior to a court conviction.

2. A President or former President of the United States of America may not be pardoned.

3. a. Members of the following _Pardon Restricted Groups_ may be pardoned only after one-half of any court imposed penalty has been fulfilled. Membership in these groups is permanent and endures Presidential succession.

b. The Pardon Restricted Groups are:

Members of the President’s family.  
Personal or business associates of the President when the relationship precedes the President’s term of office.  
Federal government staff, whether paid or volunteer, who were appointed during the President’s term of office.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [July 28, 2017, 6:59pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/37 "2017-07-28T18:59:56Z")

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A ban on corporations and unions donating money to any campaign for a candidate or any policy organization. A ban on lobbying generally. Public financing of campaigns.

And a ban on orange hair.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [July 28, 2017, 7:06pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/38 "2017-07-28T19:06:55Z")

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Clothing is _always_ optional, except for reasons of health.

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**Author:** ![Quimby](https://avatars.discourse-cdn.com/v4/letter/q/22d042/32.png) [@Quimby](https://boards.straightdope.com/u/Quimby)\
**Post date:** [July 28, 2017, 7:14pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/39 "2017-07-28T19:14:55Z")

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This is a zombie thread but it’s an interesting question so I will answer it. I have three.

1. Money is not political speech.

2. Corporations are not people protected by the Constitution.

3. All elections are publicly financed.

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [July 28, 2017, 7:16pm UTC](https://boards.straightdope.com/t/what-amendment-would-you-add-to-the-us-constitution/408377/40 "2017-07-28T19:16:01Z")

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Here’s one: ten-year-old threads cannot be resurrected. 🙂

My first “real” one is:  
No person shall be eligible to hold the office of President or Vice-President of the United States who was not eligible to be elected President for the entire length of the term in which the person is to serve. This gets around the “(choose: Bill Clinton, George W Bush, Barack Obama) can become President by becoming Vice-President first, since the two-term limit applies only to being _elected_ President” loophole.

> [@Maggie\_the\_Ocelot](#):
>
> The ERA.
> 
> Yes, it’s still necessary.

The problem is, define “equal.” Would it still be the case that Stephen Curry makes pretty much about as much on a per-regular-season-game basis as the entire WNBA put together? Would a high school boy have the right to play on a girls’ field hockey, or volleyball, team if his school did not offer the sport for boys? Equal does not mean, “There are two sets of rights - those given to all persons regardless of gender, and those given just to females.”

> [@Mollie\_Magill](#):
>
> I like. I would, however, make on addition: I would have a provision to require the number of Repersentatives equal no fewer than one Representative per 100,000 citizens.

IIRC, if you replace 100,000 with 50,000, you pretty much get the text of the one remaining unratified amendment in the original Bill of Rights. Since we don’t need a cap of 7000 and climbing, there’s a reason it’s unratified.

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