Constitution
It is the Bill of Rights, not the Bill of Suggestions
This administration seems to want to ignore parts of the constitution that are inconvenient for themselves, while zealously abusing the powers given to them by the people. The constitution is not optional. Laws and separation of powers, are not optional. Consent of the governed is required. Abridging due process and many other rights provided to not just citizens, but anyone in our country, is criminal. We need a stronger constitution, one that is less subvertible by power hungry men.
With that said, here is how we feel about key article and amendment issues:
1st: Freedom of speech, press, assembly, religion, and petition are foundational. Speech that is disliked, so long as it does not have implied violence in it, is protected. This includes everyone, not just citizens.
2nd: The people have a right to bear arms. We don’t want to take your guns, in fact some of us are gun owners. However, common sense regulations, especially around registration, need to be in place. Violent felons should be barred from firearm ownership. All loopholes need to be closed. We feel that every state should have their own ability to determine what regulations are appropriate.
At a minimum, we find that those passing a background check should be granted the right to own high powered rifles, that are semi-automatic, so long as there are no gimmicks to make them pseudo-automatics (bump stocks). What is beyond the line of appropriate are: explosives, grenades, rocket launchers, commissionable tanks and et cetera.
4th, 5th and 6th: Reasonable searches and seizures, due process, and the right to an attorney, make it so the government can’t just do what they want to you. These bolster all matters of law and order, including the other amendments. These are cornerstone amendments only a tyrant would ignore.
8th: We are pretty sure being thrown in an El Salvadorian gulag counts as cruel and unusual punishment.
10th: States rights matter, because we all won’t agree on everything, or have the same problems that need fixing. However, this cannot be a reason to get what you want when you don’t get it. Overturning Roe v. Wade on the basis of states’ rights was a bad faith decision.
12th: The electoral college should be removed from the constitution and be replaced with one that provides for the election of the president to be counted by total ballots of the nation.
13th: Ending slavery should have happened sooner.
14th: Upholding due process for all persons (not just citizens) and birth right citizenship is paramount. The parts about insurrection actually need legislation to make them work. So, we need to pass that legislation pronto.
19th: Giving women the right to vote was long fought. Republicans are trying to undo this by requiring two matching forms of official ID. Typically, this is a birth certificate and driver’s license. However, the birth certificate’s last name will be different for married women who have chosen to take their husband’s last name during marriage. Thus, proving voter eligibility becomes vastly more difficult. Why? Because women tend to vote more progressively.
22nd: This prevents presidents from being elected to more than 2 terms (essentially). Donald Trump wants to ignore this amendment, we should not let him, (he be impeached sooner).
24th: No poll taxes was a needed reform against a racist agenda that was being used to disenfranchise millions. Republicans are sneakily trying again with their push for voter ID. Because if it costs money at the DMV to get an ID that is adequate enough to vote, it is essentially a poll tax.
Article 1, Section 3: “Judgements in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.”
We take this to mean that impeachment trials only determine the ability to hold office, not the full liability of crimes. Therefore, other appropriate jurisdictions retain the ability to hold a person accountable for all offenses. This is in opposition to the frankly, disturbing decision from the supreme court.
Article 1, Section 4: States’ legislatures decide their own elections, not the federal government. Only congress may alter certain aspects of elections, not the executive who isn’t even mentioned.
Article 1, Section 6: Congress people do not have immunity from arrest at all times, only for small crimes, and only while traveling to or from their congressional seats.
Article 1, Section 8: Basically, congress has the power over taxation, war powers, and spending money, not the executive. This is where Trump has largely usurped congressional power. We also don’t think that there is a provision for the legislature to cede or delegate power to alter tariffs or any other item contained within the article. Thus, making Trump’s tariff war unconstitutional, as well as DOGE, and the threats of war to other nations. If the GOP wants to cut spending and do all this crazy stuff, they should be doing it through the legislature.
Article 1 Section 9: “No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
Not only can Trump never be king, but his business dealings likely are unconstitutional too. His relationships with the Saudis and other foreign actors goes against the plain face reading of this section. Also important is this section is that habeas corpus shall not be suspended unless there is rebellion or invasion and the situation requires it. Neither of which are occurring right now in the US.
Article 2 Section 2: “he shall have the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” Trump cannot pardon himself out of impeachment, it is to ascertain fitness for office. This includes his cronies in his administration. They cannot be shielded from impeachment.
Also, the unitary executive theory is bunk. When talking about other offices not expressly written about elsewhere in the constitution: “congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments.” Congress must give the executive the ability explicitly in a law. Even at that, it allows for other parties to share similar powers if granted by law. So, no, Trump does not de facto have control of every employee in the executive.
Article 2 Section 4: Gives examples of crimes that should be considered impeachable.
Article 3 Section 1: “Good behavior” is not well defined when ascertaining the length of judicial appointments. It leaves out who determines good behavior and the methods of removal. We need to fix that with legislation or amendments.
Article 4 Section 2: “The citizens of each state be entitled to all privileges and immunities of citizens in the several states.” Basically, this means that you can’t have separate rules and treatment of different states. Trump’s neglect for blue states during natural disaster events violates this part of the constitution.
Article 4 Section 4: This guarantees us a republican (representative democracy) form of government. So, the fact that the congress is giving Trump their power violates this section of the constitution. They cannot hand him their power, even if they wanted to.
Article 6: The supremacy clause is important to ensure equal application of the law. Something that bad state actors have forgotten as of late.
As always, these are opinions. We make no legal representations, or are giving legal advice. This is simply how we view the constitution. One amendment that we want to add to the constitution, is to reform our current campaign finance system. These bizarre assertions that corporations are people and money is free speech are ruining our democracy. They rot it from the inside out and it must end. Another amendment we would add, is to create the 4th branch of government and reorder certain powers to be contained within. This new branch of government’s role is to serve as an oversight function for the other 3 branches. We need to remove other branches’ abilities to self regulate against corruption, because they aren’t doing it.