Poll: What is your favorite and least favorite clause of the Constitution?

October 6th, 2009

I’m limiting this to the original constitution ratified in 1789. Not the Amendments. Not the Preamble. And not the Constitution in 2020.

My favorite clause is Article 1, Section 1:

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Get that Congress? You only have the powers herein granted. That is, the powers enumerated. Congress does not have plenary power to do whatever they want. OK, hopping off soap box.

First, I have to get rid of all of the provisions nullified by the 13th and 14th Amendment. These clauses are a stain on the Constitution and our Republic, and Reconstruction began the process to set things right. Surprisingly, my least favorite clause  is not the commerce clause. The original meaning of the commerce clause as an anti-discrimination principle is cool. Commerce is good. Except commerce means commerce. Commerce doesn’t mean everything. OK, hopping off soap box again.

In fact, the clause of the Constitution I abhor the most is Article II, Section 1:

“neither shall any Person be eligible to that Office [of the Presidency] who shall not have attained to the Age of thirty five Years.”

I have to wait an entire decade to run for POTUS! At least I can run for Senate in five years, but I have to wait until 2020 to become Commander in Chief. At least I’ll turn 35 in 2019, right in time to file papers. Fortunately, I am now age eligible to run for Congress. I totally forgot that my 25th birthday was my constitutional birthday. Shameful. 🙂

What are your thoughts?