The U.S. Constitution is a work in progress, ever evolving and it takes time for changes to occur. As an example, take the 27th Amendment, which involves limiting congressional pay increases. That amendment was first proposed on September 25, 1789 and was ratified on May 7, 1992.
That amendment stipulates: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
The 28th Amendment to the Constitution is the brainchild of Richard Vail, a resident of Pikesville, Maryland, who runs a blog (www.thevailspot.blogspot.com). Vail, a conservative with Libertarian leanings and says he believes the Amendment is necessary, in order to remove "professional" politicians from public life.
Simply put his Amendment reads: No citizen of the United States shall be elected to the House of Representatives to more than four (4) consecutive, two (2) year terms to office. No citizen of the United States shall be elected to the United States Senate for more than two (2) consecutive, six (6) year terms of office. No citizen of the United States shall receive any retirement benefits from serving in either the United States House of Representatives or the United States Senate. Congress shall not exempt itself from any laws of the United States of America, in whole or in part.
As I sat down to interview Vail, he looked at me with authority and instructed me to take out my reporter's notebook and take copious notes. I follow orders precisely and since I already knew his background included an Associates of Arts Degree, a Bachelor of Arts Degree and a Masters of Arts, History Education Degree from FSU, his ability to converse almost outdid my ability to write.
Vail explained that this proposed amendment wasn't going to be that easy to ratify, since the 27th Amendment was originally proposed, as an article in the original Bill of Rights. It did not pass the required number of states with the articles we now know as the first ten amendments.
It sat, unratified and with no expiration date, in constitutional limbo, for more than 80 years when Ohio ratified it to protest a congressional pay hike; however no other states followed Ohio's lead. Again it languished, for more than 100 years.
In 1978, Wyoming ratified the amendment, but there was again, no follow-up by the remaining states. Then, in the early 1980's, Gregory Watson, an aide to a Texas legislator, took up the proposed amendment's cause. From 1983 to 1992, the requisite number of states ratified the amendment, and it was declared ratified on May 7, 1992, some 74,003 days after it was proposed.
Vail explained that each Amendment to the Constitution came about for a reason - to overrule a Supreme Court decision, to force a societal change, or to revise the details of the Constitution.
Vail is an authority on such matters. During our interview he instructed me to continue taking notes and pay attention to his story; as it all started with Jeremaiah Vail, the patriarch of the Vail family.
Jeremiah arrived in America around 1635 in Salem, Massachusetts Bay Colony. He first moved to Connecticut Valley, then to Long Island; he was married three times and had 16 children.
His great, great, great, great grandson, Daniel, served with the Connecticut Regiment of the Continental line and was captured at Fort Washington on Manhattan Island. He was imprisoned on HMS Jersey and died of small pox on a prison hulk anchored off Staten Island and was buried there.
The Vail family has since located his gravesite on Staten Island; and his children moved to New York, west of Syracuse.
His grandson, served in New York with Winfield Scott, a United States Army general, and unsuccessful presidential candidate of the Whig party in 1852, His grandson was in the 2nd invasion of Canada (Ontario this time, Benedict Arnold/Gen Montgomery in the Revolution being the first time). His children later moved to Ohio...at some point, members of the family settled in Vail Pass, Colorado...later named Vail, Colorado. (unfortunately, I didn't do well in the baby lotteries...and wasn't born into the wealthy branch of the family...they still own a hell of a lot of land there).
His great, great, great grandfather and four of his five brothers were killed during the Civil War at the battle of Peach Tree Creek, outside of Atlanta serving with the 23rd Ohio Volunteer Regiment.
Their oldest brother, George Washington Vail, married of sister of Confederate General George Pickett, and took care of his brother's widows and children, running four family farms and a cooper's shop.
Vail's great Aunt Icy was a terror of family get-together's as she was famous for pinching the bottoms of any of the younger male members of her family. She lived to be 103 or 104 years old.
Vail's great grandfather served in the Spanish American War in an Ohio Volunteer Regiment. His grandfather served as a front-line medic in WW I, and never spoke about the horror of trench warfare.
His father served in the US Army Air Corp, US Army Air Force and the US Air Force, and retired in 1962, the year Rich was born.
He served in the US Marine Corps in the 1980's and his brother is presently serving in the US Army as a full bird Colonel, in the Chaplin's Corps.
If ever there was a family that has served their country and knows what it is to be dedicated to the cause, the Vail family deserves the chance to see the 28th Amendment added to the U.S. Constitution.
JP Bender is a retired award winning investigative reporter with 35 years experience in the profession. He now spends his retirement living in Maryland with his children and grandchildren. He still reports on issues of national interest, while his peers claim he does not fully understand the meaning of the word“retired.”
I'm all for the 28th Amendment! You can add that to those I proposed in an article I posted on SearchWarp a few months ago. BTW, I plan to do a sequel to that one real soon.
I don't agree with the implication that military service, or the military service of ancestors, makes someone (or a family) any more deserving of a chance to see their proposed amendments added to the constitution, especially when the change is not really related to the military.
Thanks for you comnments Ben. I might agree with you about the fact he is not more deserving, I only wanted to point out to the readers the fact he was not usisng his thoughts as a publicity stunt - he really comes from a family with a long line of service to the country.
Ah, the Constitution, a trying challenge. My friend, a lawyer, and I have had many a discussion as he informs me of the living Constitution or precedents that have been set to modify the original document. I was so inspired as to the Constitution's importance that I wrote a book (articles on Search Warp compiled) titled The People's Constitution: Academics and Law Professors Can Go Elsewhere. Kind of a play on Howard Zinn's The Peoples History of the US. Well done.
I suspect there are so many career polititians that it will never get the votes needed to pass. Good piece, JP. Sometimes you wonder when "we, the people" will have a voice - glad you write and write and hope many read and act. Marijo
JP, thank for the historical information. Keep checking JP. You may read about my relatives in there somewhere: Amos Rucker(1842)and Henry A. Rucker. Very good article again.
A great interview with Richard Vail, a remarkable person and a remarkable family. What a great article you wrote. Yes, I hope and pray that the Vail family and the citizens of the U.S. deserve the chance to see the 28th Amendment added to the U.S. Constitution.
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