# What will the next US constitutional amendment be?

**URL:** <https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999>\
**Category:** In My Humble Opinion\
**Created:** [April 6, 2012, 2:54pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999 "2012-04-06T14:54:38Z")\
**Posts on this page:** 18\
**Page:** 2

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**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\
**Post date:** [April 9, 2012, 2:59am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/21 "2012-04-09T02:59:19Z")

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Despondency over the fact that the government is run by money could lead to an amendment.

Aside from that probably some kind of privacy law. With the internet and smart phones people have no privacy anymore.

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**Author:** ![whitetho](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whitetho/32/1059_2.png) [@whitetho](https://boards.straightdope.com/u/whitetho)\
**Post date:** [April 10, 2012, 8:28pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/22 "2012-04-10T20:28:33Z")

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My guess is Line Item Veto authority for the President. Congress already passed this as a law, but it was ruled unconstitutional, so it would require an amendment.

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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:** [April 11, 2012, 7:22pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/23 "2012-04-11T19:22:40Z")

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With any luck, there will be two:

1. Repeal the 16th and 17th Amendments, and implement the Fair Tax.

2. Impose a balanced budget. Congress cannot budget spending greater than 99% of the revenues received in the preceding fiscal year.

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**Author:** ![OttoDaFe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ottodafe/32/356_2.png) [@OttoDaFe](https://boards.straightdope.com/u/OttoDaFe)\
**Post date:** [April 11, 2012, 8:39pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/24 "2012-04-11T20:39:22Z")

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It would not surprise me to see a push for DNA/genome privacy. Whether this could be accomplished by statute (adding it to “search and seizure”) or would require a separate amendment is a matter I leave for those better versed in the Constitutional process than I — i.e., damn near everybody.

(Note that I said “a push for;” like many others, I think it would take a sea change in the political landscape\* to achieve the bipartisan support an amendment would require.)

\*Metaphors mixed to order.

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**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\
**Post date:** [April 11, 2012, 11:08pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/25 "2012-04-11T23:08:39Z")

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> [@aceplace57](#):
>
> I agree. Mainly because its a simple yes/no issue. There wouldn’t be 10 different ways of trying to do it for people to argue over.

Congressional representation for DC actually has a \*number \*of different debates going on about how to try to do it.

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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:** [April 12, 2012, 12:27am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/26 "2012-04-12T00:27:44Z")

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> [@Diceman](#):
>
> I agree that any ammendment is unlikely in the foreseeable future, but an ammendment to deny citizenship to the children of illegal immigrants would have a formidable amount of support. Possibly, it might also specify what a “natural born” citizen is, most likely by defining it as synonymous with “citizen by birth”, to finally put an end to arguments about whether Barak Obama or John McCain or whoever qualifies for the presidency.

Nonsense. Obama is a natural born citizen if anyone is, but that doesn’t stop the birthers. McCain is a different matter.

Here is a possible scenario that probably would lead to an amendment to get rid of the electoral college and institute a majority vote for president. If no one gets a majority, then the top three vote-getters go into the house where each state has one vote. In 1948, HST had a one vote majority in the electoral college and Strom Thurmond had 39 votes (Dewey got the rest). Had there been one more state go Dixiecrat, the election would have gone to the house and never been resolved. Then Alben Barkley would have become president (he became VP and eventually commissioner of baseball at which he did a lousy job). Had that happened, I think the electoral college would have become a historical footnote. If it ever happens, it will lead to an amendment toot sweet.

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**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [April 12, 2012, 12:43am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/27 "2012-04-12T00:43:04Z")

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> [@Hari\_Seldon](#):
>
> Then Alben Barkley would have become president (he became VP and eventually commissioner of baseball at which he did a lousy job).

No, that was Happy Chandler. Also, Truman’s majority was 37 votes (303 x 531), not one.

I do think the election process will be revised if a future election ever goes to the House, whether the House resolves it or not. But, I don’t think that will happen any time soon. Or even not so soon.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [April 12, 2012, 2:24am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/28 "2012-04-12T02:24:36Z")

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My predictions for what’s likely (not necessarily things I support)

1. Direct election of the President and Vice President. No more Electoral College.
2. A prohibition or heavy restriction on deficit spending.
3. A restriction on tax legislation.
4. Repealing jus soli citizenship.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [April 12, 2012, 4:05am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/29 "2012-04-12T04:05:03Z")

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Officially declare American military veterans AWESOME!

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [April 12, 2012, 4:22am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/30 "2012-04-12T04:22:18Z")

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> [@Little\_Nemo](#):
>
> My predictions for what’s likely (not necessarily things I support)
> 
> 1. Direct election of the President and Vice President. No more Electoral College.
> 2. A prohibition or heavy restriction on deficit spending.
> 3. A restriction on tax legislation.
> 4. Repealing jus soli citizenship.

1. Ain’t gonna happen. Look, the Electoral College gives smaller states a small edge. Why should they vote to reduce their own power? Yeah, sure maybe a couple in the middle will, but it takes 30 states to pass one. Mind you, it is the most logical.

2,3,4 - aint gonna happen either due to the deadlock in Congress.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [April 12, 2012, 5:09am UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/31 "2012-04-12T05:09:59Z")

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It would have to be something popular on the state level and with bi-partisan opposition at the federal level for the foreseeable future. There’s no way the two-party system can join forces in Washington to get an amendment, it would have to be done by the states. I don’t recall all the rules, but I think it needs to be proposed by the congress in the first place, which might work if only a simple majority is required. It would likely be something pointlessly, and ineffectively limiting federal power.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [April 12, 2012, 12:24pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/32 "2012-04-12T12:24:48Z")

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> [@DrDeth](#):
>
> 1. Ain’t gonna happen. Look, the Electoral College gives smaller states a small edge. Why should they vote to reduce their own power? Yeah, sure maybe a couple in the middle will, but it takes 30 states to pass one. Mind you, it is the most logical.

We can talk about the “states” but states don’t actually vote, people do. So all a direct election amendment would require would be for people to feel some other interest outweighs their state loyalty. And I have little difficulty in seeing that happen. People may talk about states rights a lot, but there’s relatively little evidence that people really mean it. Most voters routinely put some national or ideological interest ahead their state.

In my opinion, all it would take would be a close presidential election where the Republican candidate won the general election but the Democratic candidate won the Electoral College and was elected. The Democrats have already faced this in 2000. So having the reverse happen would unite both parties in feeling they had been “cheated” by the existence of the Electoral College.

> [@DrDeth](#):
>
> 2,3,4 - aint gonna happen either due to the deadlock in Congress.

As for these, I’m thinking they’re the kind of amendments that are easy sells. No deficits, no tax increases, and no anchor babies are the kind of simple slogans that sound good. Explaining why they’re bad ideas takes nuance. And demagoguery often outshouts nuance.

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**Author:** ![Rysdad](https://avatars.discourse-cdn.com/v4/letter/r/7cd45c/32.png) [@Rysdad](https://boards.straightdope.com/u/Rysdad)\
**Post date:** [April 12, 2012, 1:54pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/33 "2012-04-12T13:54:29Z")

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A national ID for voting…although the repercussions are frightening.

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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:** [April 12, 2012, 4:46pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/34 "2012-04-12T16:46:39Z")

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> [@Little\_Nemo](#):
>
> As for these, I’m thinking they’re the kind of amendments that are easy sells. No deficits, no tax increases, and no anchor babies are the kind of simple slogans that sound good. Explaining why they’re bad ideas takes nuance. And demagoguery often outshouts nuance.

The deficits ammendment is probably the one we most desperately need. With a multi-trillion dollar deficit that’s still growing, we’re probably only a few years away from our own version of the Greek debt crisis. A sensible ammendment might say that Congress cannot authorize deficit spending unless some supermajority declares that a compelling need to do so exists. And the declaration must describe what exactly that emergency is.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [April 12, 2012, 4:55pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/35 "2012-04-12T16:55:08Z")

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> [@Diceman](#):
>
> The deficits ammendment is probably the one we most desperately need. With a multi-trillion dollar deficit that’s still growing, we’re probably only a few years away from our own version of the Greek debt crisis. A sensible ammendment might say that Congress cannot authorize deficit spending unless some supermajority declares that a compelling need to do so exists. And the declaration must describe what exactly that emergency is.

Good idea. That will certainly hasten our own version of the Greek debt crisis.

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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:** [April 12, 2012, 5:08pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/36 "2012-04-12T17:08:20Z")

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> [@DrDeth](#):
>
> > [@Little\_Nemo](#):
> >
> > My predictions for what’s likely (not necessarily things I support)
> > 
> > 1. Direct election of the President and Vice President. No more Electoral College.
> > 2. A prohibition or heavy restriction on deficit spending.
> > 3. A restriction on tax legislation.
> > 4. Repealing jus soli citizenship.
> 
> 1. Ain’t gonna happen. Look, the Electoral College gives smaller states a small edge. Why should they vote to reduce their own power? Yeah, sure maybe a couple in the middle will, but it takes 30 states to pass one. Mind you, it is the most logical.
> 
> 2,3,4 - aint gonna happen either due to the deadlock in Congress.

The OP didn’t say the next amendment would happen any time soon.

I agree that it’s more likely that #1 happens through the current project to get states with 270 electoral votes to change their own laws so that whoever wins the national popular vote is guaranteed to be elected President (which has the added “advantage” of not needing at least 3 of the 15 smallest states to ratify it) than through a Constitutional amendment.

I also think #4 might happen, along the lines of guaranteeing citizenship to:  
(a) All citizens as of the time the new amendment is ratified;  
(b) All persons born to two parents who are citizens at the time;  
(c) All persons born in the USA with one parent who is a citizen at the time (or whose father was a citizen when he died, if it is before the person’s birth);  
and possibly (d) All persons, both of whose parents are citizens (i.e. if a couple become naturalized citizens, then so do their descendants)  
They could also throw in a clause where no one can be stripped of citizenship involuntarily.

I think that eventually “DC gets a voting House of Representatives member” will be the next one (yes, there was a previous amendment proposed that made it to the states, but that included two DC Senators; removing that provision might make it easier). (Why, yes, I do think there will be a day when the Democrats will have 290 House and 67 Senate members - of course, when that happens, chances are the first amendment proposal to make it out of Congress will be a guarantee of health care for all citizens.)

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**Author:** ![Capt\_Kirk](https://avatars.discourse-cdn.com/v4/letter/c/779978/32.png) [@Capt\_Kirk](https://boards.straightdope.com/u/Capt_Kirk)\
**Post date:** [April 12, 2012, 5:10pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/37 "2012-04-12T17:10:09Z")

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> [@Rysdad](#):
>
> A national ID for voting…although the repercussions are frightening.

I find resistance to this idea strange and another example of playing on peoples fears

I have 2 national ID cards already and everyone has at least one

1 Social Security Card

2 US Passport

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**Author:** ![MegaBee](https://avatars.discourse-cdn.com/v4/letter/m/f0a364/32.png) [@MegaBee](https://boards.straightdope.com/u/MegaBee)\
**Post date:** [April 12, 2012, 5:21pm UTC](https://boards.straightdope.com/t/what-will-the-next-us-constitutional-amendment-be/617999/38 "2012-04-12T17:21:10Z")

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> [@Capt\_Kirk](#):
>
> I find resistance to this idea strange and another example of playing on peoples fears
> 
> I have 2 national ID cards already and everyone has at least one
> 
> 1 Social Security Card
> 
> 2 US Passport

What would the cost of providing a national proof of identity to every citizen be? If it’s required for voting, then the government can’t charge for it; that would be a poll tax.

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