Peter Namtvedt's picture

Troubling Clauses in the U.S. Constitution



A great many books have been written about the U.S. constitution. We have enjoyed some, particularly those which have pointed out problematic areas, clauses that the authors either regretted or wish could be fixed or just would prefer to be understood as they were when they were written.

Here we pull together the best thoughts, in our opinion, of various authorities on the U.S. constitution who have found clauses in it that have been ignored or misunderstood. Some of the authors merely want the correct meaning to be restored by educating the judiciary, others wish to amend the constitution so as to correct the way the constitution is applied (so as to repeal or correct the problem clauses), and yet others would like an entirely new constitution.

The focus here will be on one of the 10 troubling constitutional clauses:

1. The commerce clause
2. The contracts clause
3. The due process clause (amend 5 and 14)
4. The privileges or immunities clause
5. The equal protection of the laws clause
6. The general welfare clause
7. The necessary and proper clause
8. The supremacy clause
9. The takings and tax clauses
10. The enumeration of rights clause (amend 9)

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