Amendments Immutable As Written 

Bottom Line Up Front: We will insist that both U.S. constitutional amendments and Colorado’s constitutional amendments be followed to the letter. If the text says something unpopular to politicians, the answer is to ask the people to amend it – not to ignore or distort it. “Immutable as written” will be our standard for all constitutional rights: freedom of religion, speech, due process, gun rights, etc., are guaranteed as written. We will defend them uncompromisingly in our policies and court appointments.

 

a. Biblical & Historical Foundations: The Bill of Rights and other amendments are part of the Constitution’s text – they speak with the same authority as the original Articles. We hold that these amendments must be applied as written, not diluted by modern “reinterpretation.” This view echoes the biblical warning not to add or remove from established law hastily. “Do not remove the ancient landmark” conveys that foundational truths and covenants shouldn’t be tampered with. Each amendment – from the First Amendment’s guarantees of speech and religion to the Second’s right to bear arms, and so forth – was ratified by the people and is as immutable as its words until lawfully changed by a new amendment.

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b. Constitutional Justification: Article V provides the sole method to change the Constitution – amendment by supermajorities. Amendments immutable as written means that unless we the people formally amend the text, its meaning remains constant. An originalist reading of the 14th Amendment, for example, protects equal rights without imposing invented policies; the 14th Amendment cannot be twisted to create “rights” its framers never intended, nor can it be ignored when inconvenient. We champion the principle that judges and lawmakers do not have authority to “amend” the Constitution by reinterpretation. James Madison wrote that our security lies in possessing a written Constitution – we must not let it be eroded by clever arguments that undermine its plain meaning. The law is stable; if society truly wants a change, the Constitution provides a high bar to amend, which ensures broad consensus.

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c. Colorado Policy Conflicts: Colorado officials have sometimes behaved as if amendments can be treated as optional. Recent examples include:

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1. Second Amendment: Colorado’s enactment of sweeping gun control (e.g. magazine capacity limits, a 3day waiting period, age restrictions) flouts the plain “shall not be infringed” command of the Second Amendment. These laws treat an immutable right as negotiable, which we reject.

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2. Tenth Amendment: Colorado has joined multi-state compacts and federal schemes that erode state sovereignty without constitutional authority – forgetting the Tenth Amendment’s reservation of powers to states and people.

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3. Taxpayer’s Bill of Rights (TABOR) in Colorado’s Constitution: Though not a U.S. amendment, our own state constitutional amendment (TABOR) has been undermined by creative re-labeling of taxes as “fees” to evade the voter-approval requirement. This violates the immutability of the people’s amendment.