How Roy Moore Would Destroy Our Constitution.

Roy Moore Seeks To Take Away About That Much of the Constitution.

The United States Constitution is, by my MS Word count, 7,629 words long. Alabama Senate candidate, and accused pedophile, Roy Moore seeks to eliminate 2,615 words of that, over one-third of the entire Constitution. This from a supposed conservative who claims to love the Constitution.

In 2011 Roy Moore appeared on a looney bin conspiracy cult radio show and agreed that we should pass a Constitutional amendment rescinding all the amendments after the 10th Amendment. The discussion went like this:

Radio Host: Personally I would like to see an amendment that says all the amendments after 10 [are rescinded].

Moore: Yes, that would eliminate many problems. You know people don’t understand how some of these amendments have completely tried to wreck the form of government that our forefathers intended.

There’s some truth to that. After all, our forefathers intended a government where blacks were 3/5s people and slavery was permitted. One of those, in Moore’s perverse view, hateful Federal meddling amendments after the 10th changed slavery thing, the 13th to be precise. Let’s review some of the key amendments after the 10th that this twice impeached Alabama Supreme Court justice would burn out of our Constitution.

The 12th Amendment: Providing that the President and Vice President run on the same ticket. Moore would return us to the original system where the second place finisher in the electoral college becomes the Vice President. Under this approach today Trump would be the President and Hillary Clinton the Vice President, which would make things even more “interesting” than they are.

The 13th Amendment:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

In Moore’s Constitution slavery would be legal again. Enough said.

This is not the only example of Moore appearing to seek the good old days of slavery. When a black person asked him when he thought the last time America was great, Moore stunning responded that it was when America enslaved people, but at least we had family. Moore said: “I think it was great at the time when families were united — even though we had slavery — they cared for one another. Our families were strong, our country had a direction." This harkens back to other racist arguments, such as Cliven Bundy advanced, claiming blacks were better of in slave times.

The 14th Amendment:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

As made clear later in the dialogue, Moore agrees this provision was ratified at “the point of a gun” (about the 50 second mark). He also makes clear he truly despises this provision. Why? Because this provision was later interpreted, in a doctrine known as “incorporation,” to bind the states to the Bill of Rights (those first 10 Amendments that Moore wants to keep).

You see, under the form of government our Founders originally intended states were perfectly free to violate the Bill of Rights as those provisions limited only what the Federal government could do. States were free to establish their own religion (as Connecticut did until 1818), infringe free speech and press, take property without just compensation, and even deny due process of law to the criminally accused. The 14th Amendment changed all that, binding states to most of the Bill of Rights by incorporating them into the 14th’s due process clause that expressly applies to states.

Moore does not like that at all and in the interview with the looney bin radio hosts he makes that clear.

“The danger of the 14th Amendment has been the restriction on the states, using the first ten amendments by and through the 14th Amendment to restrict the states from doing something that the Federal government was restricted from doing.” [About 1:20 mark].

So in Moore’s world it’s a “danger” that our Constitution does not allow your state to infringe your right to speak and worship and peacefully assemble. It’s a “danger” that your state cannot criminally prosecute you without due process of law. It’s a “danger” that your state must secure search warrants, a “danger” that your state must give you a right to a lawyer and a “danger” that your state cannot cruelly punish you or demand excessive bail.

The Good Incorporation!

The irony is that in Moore’s world, where he claims to worship the 2d Amendment, states would be absolutely free infringe on the right to bear arms Moore holds so precious. Moore’s perspective would reverse the Supreme Court decision of McDonald v. Chicago incorporating the 2d Amendment by and through the 14th Amendment. I strongly suspect the irony is lost both on Moore and those who support him.

The 17th Amendment:

Like voting for your United States Senators? Moore wants to take that away too. Our Founders originally intended Senators to be chosen, not by the people, but rather by the legislature of each state. Article I, Section 3. As you can imagine, it was a process rife with cronyism. The 17th Amendment changed that mandating that each state’s Senators shall be “elected by the people thereof.”

This is another one Moore found particular offensive citing it specifically as one that “completely tried to wreck the form of government that our forefathers intended.”

The 19th Amendment:

“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

Yes, the famous women’s suffrage amendment is obviously well after the 10th Amendment too. Thus, Moore would deny the franchise to the half of the population he sometimes sexually assaults (though they would likely be too young to vote anyway).

The 22d Amendment:

Limiting Presidents to two terms. If this were eliminated perhaps Obama would still be President.

The 24th Amendment:

Elimination of the poll tax. In Moore’s world states would once again be free to suppress voter turnout, particularly of the poor, by charging you to walk into the voting booth.

The 26th Amendment:

Sorry 18–21 year olds, in Moore’s world you no longer have a right to vote. Of course, with the repeal of the 19th Amendment women won’t be voting no matter how old they get.

This is the candidate endorsed by the President of the United States and now by the National Republican Party. I used to be a Republican, but the Republican Party left me.

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Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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Keith

Keith

Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80

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