The Constitution could use a few more amendments

by James Simpson
Daily Journal
Tuesday, August 7, 2003

I read a column titled "Cops on a roll" in the July 30th Online Edition of the New York Post. It detailed the use of the Segway (a two wheeled scooter invented by Dean Kamen) being tested for use by the New York City Police Department.

According to the column, Segway sales have been rather slow due to the fact that "many jurisdictions around the country have not approved its use." And according to New York State DOT spokesman Joe Picchi, "… they can't meet state safety regulations."

I can't help but wonder when it was that our nation changed from one where laws were created to prohibit an activity that was determined to be dangerous to others, to a protective nanny state … where laws are created that require one to receive state permission before exercising individual choices and freedoms.

These days our elected officials believe they have a duty to protect us from ourselves. And frequently those in government create laws that are totally arbitrary. For instance, how can a Segway not meet safety regulations when riding a bicycle or walking are quite obviously just as dangerous? And if a Segway can't meet New York's safety regulations, why is it the government places itself above the law by providing them to police officers?

Our founding fathers created a nation that was far better than other governments that existed at the time, but they should have built in additional and stronger limitations to State power. If I could go back in time, these are just a few of the Amendments I would propose be included in the Constitution:

- An amendment that would require two-thirds approval for any new laws, and only one-third of a vote to strike down laws. Additionally, it would require that all laws have an expiration date so that they must be reauthorized no longer then 10 years from the date they were established. This would significantly reduce the number of laws on the books today.

- An Amendment that would have implemented Instant Runoff Voting as the standard methodology of electing representatives. In IRV, when there aren't enough votes for a victory of the candidate you would like to have in office, your second choice is used. According to FairVote.org; "Instant runoff voting is a winner-take-all, constitutionally protected, voting system that ensures a winning candidate will receive an absolute majority of votes rather than a simple plurality.  IRV eliminates the need for runoff elections by allowing voters to rank their candidates in order of preference."

This would allow folks to vote for a third party (or no party) candidate they felt would truly represent them without fear that the candidate from a larger party (e.g. a Democrat or Republican) would win. And if "None Of The Above" were required on all ballots it is likely parties would have to run more honest candidates if they wanted to get someone elected at all.

- An Amendment that prohibited a national standing army, and made states responsible for maintaining their own troops, ships and air forces. This would provide the necessary protection for our nation without giving an overzealous President or Congress the ability to deploy forces around the planet like an empire.

- An Amendment that would have required the nation to maintain a gold standard, ensuring our money had real value and could not be printed on a whim … which creates a constant devaluation of individuals' earnings.

- And an Amendment that would have prohibited a Federal Reserve from being created, and subsequently a Chairman that holds more power than most elected officials without any checks and balances.

Of course I also question whether any of these Amendments would really be adhered to anyway. After all, our politicians have, for the most part, completely ignored the Ninth and Tenth Amendments. They frequently infringe upon the Second Amendment. They have misinterpreted Article 1, Section 8 of the Constitution, giving Congress the power to provide for the "general Welfare of the United States." And the current administration is making sure that our Fourth Amendment rights are snuffed out.

Our nation would not be recognizable to any of the Founding Fathers if they were to take a time machine forward to today. And unfortunately things only seem to be headed further in the wrong direction each day.
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James Simpson is President of Virginians Opposed to Government Waste and Intrusive Legislation. His column runs the first week of every month.