Americans United

for Separation of Church and State - Orange County

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Santa Ana, CA 92704

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Constitutional Amendments

Defending Our Constitution Against Divisiveness

Our Constitution has only been amended 23 times in the history of our nation. Every time but one the amendment increased liberty and expanded the rights of the people. Only once did we attempt to limit liberty through the 18th Amendment that instituted Prohibition of Intoxicating Liquors. It is also the only Amendment that has been repealed when the 21st Amendment was passed only 14 years later. This is a lesson for anyone willing to tamper with our Constitution; liberty will not be rolled back.

Today we see a litany of Constitutional Amendments proposed each year, well at least every election year. Many of these are red meat issues to appease narrow constituencies. There is often little expectation that any of these amendments will pass, but for many politicians, it is a check mark they want in the next election. Every election year, the usual suspects receive great fanfare in Congress before they die of their own merits.

Some amendments that are not specifically about church and state include:

Repeal of the 16th Amendment (the one that authorized Congress to impose an income tax or any other tax they wished).

Repeal of the 22nd Amendment that puts term limits on the President. It was a Republican Congress that instituted the 22nd Amendment after President Roosevelt's four terms. Now another Republican Congress wants to toss the amendment to extend the term of President Bush.

Giving the President a line item veto, a balance budget amendment, and making English the official language of the United States are also perennial favorites.

Here is a partial summary of the current activity in the 109th Congress. For more information, use the THOMAS link in the left side bar and enter the legislation number.

School Prayer Amendment

`Nothing in this Constitution , including any amendment to this Constitution , shall be construed to prohibit voluntary prayer or require prayer in a public school, or to prohibit voluntary prayer or require prayer at a public school extracurricular activity.'

S. J. Res. 35, April 26, 2006, and H. J. Res. 85, May 4, 2006.

So far, this legislation has been stuck in the Judiciary Committees of both houses.

Pledge Protection Amendment

`SECTION 1. A reference to God in the Pledge of Allegiance or on United States currency shall not be construed as affecting the establishment of religion under the first article of amendment of this Constitution .

`SECTION 2. Congress shall have the power to enforce this article by appropriate legislation.'

S. J. Res. 24, September 16, 2005.

So far, this legislation has been stuck in the Senate Judiciary Committee.

Federal Marriage Amendment

`SECTION 1. This article may be cited as the `Marriage Protection Amendment' .

`SECTION 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution , nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.'

S. J. Res. 1, May 18, 2006. H. J. Res. 88, June 6, 2006.

The bill failed in the House by a vote of 236 - 187. This bill failed to get enough votes in the Senate for cloture.

`Marriage in the United States shall consist only of a legal union of one man and one woman.'

H. J. Res. 91, July 11, 2006.

This version is still in the House Judiciary Committee.

Flag Desecration Amendment

`The Congress shall have power to prohibit the physical desecration of the flag of the United States.'

H. J. Res. 12, June 22, 2006. S. J. Res. 12. June 20, 2006.

The bill PASSED in the House of Representatives by a vote of 286 to 130. The bill failed passage in the Senate by 66-34, ONLY ONE VOTE!

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