By Ann Vandersteel, March 2025
Sponsored by: American Made Foundation
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When our Founding Fathers signed off on the U.S. Constitution, they designed a limited government bound by natural rights and strict enumerations. The first 10 amendments, known as the Bill of Rights, were not additions to expand federal power—they were restrictions against it. They codified God-given rights, not government-given privileges.
But what happened after the 10th Amendment? A tidal wave of federal overreach, masked as progress and disguised as "amendments," systematically dismantled the republic the Founders created.
Let’s break it down—amendment by amendment.
⚠️ 11th Amendment (1795)
“Limits the power of federal courts to hear lawsuits against state governments.”
This was a knee-jerk reaction to Chisholm v. Georgia. While it appears to protect states' rights, it subtly redefined sovereign immunity and laid a legal foundation for treating states as subordinate parties to federal interpretation. It wasn’t debated at a constitutional convention—it was rushed through.
🛑 Violation: It bypassed the natural law boundaries set by the 10th Amendment, allowing states to duck accountability and empowering a growing federal judiciary.
⚠️ 12th Amendment (1804)
“Revises the presidential election process.”
On its surface, it's procedural. In practice, it allowed political parties to hijack the Electoral College. The Founders never intended for presidents and vice presidents to run as "tickets."
🛑 Violation: It entrenched party politics into a system meant for independent electors, removing power from the states and the people.
📜 Supported by: Federalist No. 68 – Alexander Hamilton’s argument for elector discretion without party interference.
🔁 Restores electors as deliberative agents—not rubber stamps for party platforms.
The original design of the Electoral College, as outlined in Article II, Section 1 of the U.S. Constitution, intended for electors to cast two votes for presidential candidates without distinguishing between President and Vice President. The candidate with the majority became President, and the runner-up became Vice President. This method was meant to ensure that electors selected the most qualified individuals, independent of party affiliation. American Library GuidesConstitution Center
What can be done to fix this?
1. Reform the Tie-Break Mechanism
If two candidates tie in electoral votes (as in 1800), implement this multi-stage tie-breaker system:
🥇 Stage 1: Elector Deliberation (Runoff Round)
Only electors whose states voted for the tied candidates reconvene.
Electors cast a second ballot between the two.
If no candidate reaches a majority of the new vote, proceed to Stage 2.
🥈 Stage 2: State Legislatures Decide
Each state casts one vote, determined by a majority vote in its state legislature (not Congress).
This maintains the balance of state sovereignty, keeping the House of Representatives out of presidential selection.
📌 Note: This differs from the current 12th Amendment process, which empowers the U.S. House, not the states as sovereigns.
🥉 Stage 3: Runoff Popular Vote (if still tied)
A national popular vote runoff is held between the top two tied candidates within 30 days.
Only legal U.S. citizens may vote, with strict voter ID and in-person voting required.
2. Reintroduce Term Limits for Electors
Electors may only serve once per lifetime.
Prohibits sitting federal officials or lobbyists from serving as electors.
Ensures fresh, non-partisan judgment every cycle.
The Process to Choose Electors
📜 1. Constitutional Basis
Article II, Section 1, Clause 2 of the U.S. Constitution:
“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...”
✅ Key point: State legislatures have total authority over how electors are chosen.
They can:
Appoint electors directly (as several states did in the early years)
Hold popular elections (current standard in all 50 states + D.C.)
🏛 2. Modern Process (Today’s Norm)
🔹 Political Parties Nominate Electors
Each political party in a state nominates a slate of electors—loyal party members or insiders (often state lawmakers, donors, or activists).
🔹 Voters “Choose” Electors Indirectly
On Election Day, voters cast ballots for President, but legally, they are voting for the electors pledged to that candidate.
The winning party's slate of electors (in most states, winner-take-all) is then certified by the state.
Nebraska and Maine use a district-based method (not winner-take-all).
🔹 Electors Cast Their Votes
In December, electors meet in their state capitals and cast one vote for President and one for Vice President. Their votes are sent to Congress for the official count.
⚖️ 3. Can Electors Vote Differently? (“Faithless Electors”)
Most states now have laws requiring electors to vote for their pledged candidate.
In Chiafalo v. Washington (2020), the Supreme Court ruled that states can punish or replace faithless electors.
However, this ruling further centralized electoral control under state governments, not the people or electors themselves, contradicting the Founders' intent for independent judgment.
🧠 4. Founders' Intent vs. Modern Practice
The Founders (see Federalist No. 68) intended electors to be independent statesmen, free to exercise judgment and prevent a populist or foreign-backed tyrant from assuming power.
Today, electors are ceremonial rubber stamps for party nominees, controlled by state statutes and political machinery.
✍️ Summary on fixing the 12th Amendment
Constitutional RoleModern ImplementationState legislatures choose how electors are pickedAll states use popular vote to allocate electorsElectors act independentlyElectors follow state laws or face penaltiesDesigned to check tyrannyNow entrenched in partisan politics
🔧 Can We Reform It?
Yes. States can:
Return to legislative appointment of electors
Require elector vetting based on integrity and independence
Adopt district-based allocation like Nebraska and Maine
Push for a Constitutional Amendment or Article V Convention to reform Electoral College mechanics
Disqualify Political Parties from Electoral Control
Ban state laws that require electors to vote for a specific party.
Allow faithless electors to vote independently without penalty, restoring their original constitutional role.
📜 Faithless electors were part of the design. The idea that electors must vote along party lines is a 20th-century distortion.
🔨 Tools to Implement This:
Article V Convention of States (34 states needed to call, 38 to ratify)
State-level constitutional amendments asserting sovereign control over elector processes
State legislation to preempt federal electoral mandates
🚨 13th–15th Amendments (Wrongfully called Reconstruction Amendments)
Abolition of slavery, citizenship, voting rights.
These amendments were passed under duress in the aftermath of the Civil War. Southern states were occupied territories, coerced into ratifying under military threat. Regardless of moral merit, process matters in a constitutional republic.
🛑 Violation: They were passed outside legitimate state sovereignty. Even if their aims were just, they set the precedent for unconstitutional enforcement of federal law over states—used today by the DOJ, FBI, and IRS. These amendments are already provided for in the fist 10. Sadly our state sovereignty was usurped and our status as a state citizen was stolen when we were forced to become U.S. citizens under the 14th.
🚨 16th Amendment (1913)
“Authorizes federal income tax.”
This was the federal government's payday—a direct pipeline from your wallet to Washington.
🛑 Violation: The Founders explicitly rejected a direct tax unless apportioned among the states. The 16th Amendment gave the IRS unchecked power to extract wealth. Many argue it wasn’t even properly ratified (See: Philander Knox scandal).
🚨 17th Amendment (1913)
“Direct election of U.S. Senators.”
Originally, state legislatures chose Senators, ensuring states retained power in Congress. The 17th turned the Senate into a national popularity contest, removing the last meaningful check against federal overreach.
🛑 Violation: Destroys the balance of federalism. Now, Senators answer to donors and media, not state governments.
🚨 18th Amendment (1919) – Prohibition
An egregious overstep of government into private life.
🛑 Violation: The government granted itself police power over personal consumption—contradicting the very idea of individual liberty. (Eventually repealed by the 21st.)
⚠️ 19th Amendment (1920)
Women's suffrage.
Before you clutch your pearls—this isn’t about opposing women voting. This is about how it was done. States were already expanding suffrage. A federal mandate was not necessary.
🛑 Violation: The federal government commandeered state election laws—again, violating the 10th Amendment.
🚨 20th–24th Amendments (1933–1964)
From changing Inauguration Day to banning poll taxes, these amendments further centralized federal power over elections and procedures that were always meant to be state matters.
🛑 Violation: Each one adds more layers of bureaucracy and federal control over elections, rather than preserving decentralized, state-run systems.
🚨 25th Amendment (1967)
Presidential succession and incapacity.
Convenient? Yes. Constitutional? Not if it allows unelected bureaucrats to remove a sitting president.
🛑 Violation: Creates a shadow Cabinet coup mechanism, handing power to appointed figures, not the People.
🚨 26th Amendment (1971)
Lowers the voting age to 18.
Again, the goal isn't the issue. Many states were already doing this. The problem is federal enforcement of voter qualifications, which should be up to the states.
🛑 Violation: Federal overreach into elections = unconstitutional under original federalism.
⚠️ 27th Amendment (1992)
Limits Congressional pay raises.
A decent idea passed 200 years after it was proposed. But if we allow amendments to linger for centuries, what’s the point of the ratification process?
🛑 Violation: Sets a precedent for open-ended amendments—no expiration = no accountability.
🧠 The Founders’ Vision Was Clear
The first 10 Amendments were designed to lock in individual liberty and limit the federal government. Every amendment after that has either:
Expanded federal control,
Distorted the balance of power, or
Been rammed through under questionable conditions.
The Constitution was never meant to be an evolving document that shifts with culture or politics. It was a contract—and every amendment after the 10th is a renegotiation without consent of the governed.
🔨 What Now?
State Sovereignty: States can nullify unconstitutional federal mandates.
Constitutional Convention (Article V): Time to consider repealing post-10th Amendments.
Civic Education: Americans must relearn their Constitution—not the version taught in federal schools.
The Republic wasn’t lost overnight. It was chipped away—amendment by amendment.
And until we restore the original compact, we’ll continue to live under a federal empire, not a constitutional republic.
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