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6 Constitutional Amendments That Just Missed the Cut

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Since 1789, Congress has approved 33 constitutional amendments. Twenty-seven of those amendments were eventually ratified and became part of the Constitution. Six failed after being sent to the states. Here's the scoop on those six that didn't make the grade.

1. House Size

"Article the First" may sound a bit Yoda-esque, but it was actually the first provision in the original proposal for the Bill of Rights. The amendment, which the first Congress approved in September 1789, basically provided a way to regulate the expansion of the House of Representatives as the country grew. Among other provisions, the amendment stated that after the House grew beyond 200 members, there would be no more than one Representative for every 50,000 citizens.

Eleven states ratified the amendment between 1789 and 1792, but it never got the three-quarters majority of state support needed for ratification. Although the amendment is still technically eligible for ratification, it seems unnecessary now. Given the current U.S. population, if we went with the maximum ratio of one Representative for every 50,000 people, the House would balloon to over 5,000 Congressmen, which would make finding airtime for campaign commercials nearly impossible.

2. Gifts From Abroad

The Titles of Nobility amendment got the thumbs-up from the 11th Congress in 1810 but failed to gain the requisite traction with the states. The amendment was pretty straightforward; it stated that any U.S. citizen who accepted a title of nobility or honor from a foreign power would cease to be an American citizen and would no longer be eligible to hold an American office. Accepting a gift from a foreign power without Congress' permission would also cost the recipient his citizenship.

Congress overwhelmingly approved this amendment, which seemed aimed at divorcing the U.S. from the allure of the European aristocracy, and twelve states ratified the amendment. However, five states weren't so keen on it, so the amendment never became part of the Constitution. Because there was no clause in the amendment that set a deadline for ratification, it's still technically fair game to add to the Constitution if three-quarters of the states ratify it.

3. "Persons Held to Labor or Service"

The Corwin Amendment made it through Congress in 1861, so you can probably guess what hot-button issue it tackled. The amendment, which was proposed by Ohio Representative Thomas Corwin, read, "No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."

While the language never mentions slavery directly, it's pretty clear who the "persons held to labor or service by the laws of said State" are. When Congress approved the amendment in March 1861, it was basically the legislature's last-gasp attempt at avoiding the Civil War. Abraham Lincoln even contacted states' governors in an attempt to get their support for the amendment.

Obviously, it didn't work. The Civil War broke out just a month after Congress approved the amendment, and in the end only three states ratified the measure. Like the Title of Nobility amendment, though, it's technically still fair game for ratification.

4. Child Labor

The Child Labor Amendment got Congressional approval in 1924. Proposed by Ohio Representative Israel Moore Foster, the amendment sought to curb some of the era's horrifying child labor practices by giving Congress the exclusive power to "limit, regulate, and prohibit the labor of persons under eighteen years of age."

As the time, there seemed to be a real need for better child labor regulation. The workforce of 10-to-16-year-olds had ballooned to over two million kids, and many of them weren't doing light work like mowing lawns and delivering newspapers. Twenty-eight states ratified the amendment during the 1920s and 1930s, but it never got the necessary three-quarters vote.

You might have noticed, though, that your 12-year-old didn't traipse off to a shift at the steel mill this morning. Thank FDR. In 1938 he signed the Fair Labor Standards Act, which nixed labor by children under 16 or hazardous work by those under 18. In 1941 the Supreme Court upheld these provisions, which effectively meant that the Child Labor Amendment wasn't necessary anymore. Like the others, it's still technically pending ratification, though.

5. Equality Now

The Equal Rights Amendment is another pretty straightforward measure. Its key section read, "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." The idea for a similar amendment had been kicking around for decades, but it didn't gain real traction until the early 1970s, when NOW ramped up its picketing efforts and the national Women's Strike for Equality in August 1970 drew greater attention to the need for women's rights.

The debate around the amendment was particularly thorny. Some critics worried that the amendment would make women eligible for the draft and to serve in combat duty, while many working class women's groups were concerned that the amendment would nullify any of the protective labor laws that had been helping women in industrial fields.

Congress approved the amendment in 1972, but unlike the previous failed amendments, this one had a time limit for its ratification. The original deadline for ratification was in 1979, and even after Congress pushed back the cutoff date to June 1982, only 35 of the required 38 states ratified the amendment. The amendment isn't totally dead, though; it's been frequently reintroduced since the original 1982 deadline, most recently New York Representative Carolyn B. Maloney.

6. D.C. Statehood

The District of Columbia Voting Rights Amendment would have made all those D.C. "Taxation without Representation" license plates a thing of the past. In 1978 the 96th Congress approved an amendment that would have repealed the 23rd Amendment which gives D.C. its Electoral College votes and instead given the citizens of the District full congressional representation and the same ability to vote in national elections.

To an impartial observer, giving D.C.'s 600,000 citizens congressional representation may sound like a fair idea. The states weren't so crazy about the notion, though. Some argued that a single city shouldn't be given two seats in the Senate, while others claimed that giving D.C. representation was tantamount to presenting the Democratic Party with a gift of two free Senate seats. Proponents counter that the District's population is actually larger than Wyoming's, and nobody's trying to swipe the Cowboy State's senators.

When the amendment expired in 1985, only 16 states had ratified it, leaving it well short of the 38 ratifications it needed. Congress frequently hears suggestions for new D.C. voting amendments, though, including ones that would give the District a seat in the House while withholding Senate representation.
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If you're a huge fan of one of these amendments that floundered, don't despair; these things can take some time. The 27th Amendment, which states that changes to congressional pay can't take effect until the next term starts, got congressional approval in 1789 along with the rest of the Bill of Rights. It was over 202 years later when the states finally ratified it in 1992.

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Man Buys Two Metric Tons of LEGO Bricks; Sorts Them Via Machine Learning
May 21, 2017
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iStock // Ekaterina Minaeva

Jacques Mattheij made a small, but awesome, mistake. He went on eBay one evening and bid on a bunch of bulk LEGO brick auctions, then went to sleep. Upon waking, he discovered that he was the high bidder on many, and was now the proud owner of two tons of LEGO bricks. (This is about 4400 pounds.) He wrote, "[L]esson 1: if you win almost all bids you are bidding too high."

Mattheij had noticed that bulk, unsorted bricks sell for something like €10/kilogram, whereas sets are roughly €40/kg and rare parts go for up to €100/kg. Much of the value of the bricks is in their sorting. If he could reduce the entropy of these bins of unsorted bricks, he could make a tidy profit. While many people do this work by hand, the problem is enormous—just the kind of challenge for a computer. Mattheij writes:

There are 38000+ shapes and there are 100+ possible shades of color (you can roughly tell how old someone is by asking them what lego colors they remember from their youth).

In the following months, Mattheij built a proof-of-concept sorting system using, of course, LEGO. He broke the problem down into a series of sub-problems (including "feeding LEGO reliably from a hopper is surprisingly hard," one of those facts of nature that will stymie even the best system design). After tinkering with the prototype at length, he expanded the system to a surprisingly complex system of conveyer belts (powered by a home treadmill), various pieces of cabinetry, and "copious quantities of crazy glue."

Here's a video showing the current system running at low speed:

The key part of the system was running the bricks past a camera paired with a computer running a neural net-based image classifier. That allows the computer (when sufficiently trained on brick images) to recognize bricks and thus categorize them by color, shape, or other parameters. Remember that as bricks pass by, they can be in any orientation, can be dirty, can even be stuck to other pieces. So having a flexible software system is key to recognizing—in a fraction of a second—what a given brick is, in order to sort it out. When a match is found, a jet of compressed air pops the piece off the conveyer belt and into a waiting bin.

After much experimentation, Mattheij rewrote the software (several times in fact) to accomplish a variety of basic tasks. At its core, the system takes images from a webcam and feeds them to a neural network to do the classification. Of course, the neural net needs to be "trained" by showing it lots of images, and telling it what those images represent. Mattheij's breakthrough was allowing the machine to effectively train itself, with guidance: Running pieces through allows the system to take its own photos, make a guess, and build on that guess. As long as Mattheij corrects the incorrect guesses, he ends up with a decent (and self-reinforcing) corpus of training data. As the machine continues running, it can rack up more training, allowing it to recognize a broad variety of pieces on the fly.

Here's another video, focusing on how the pieces move on conveyer belts (running at slow speed so puny humans can follow). You can also see the air jets in action:

In an email interview, Mattheij told Mental Floss that the system currently sorts LEGO bricks into more than 50 categories. It can also be run in a color-sorting mode to bin the parts across 12 color groups. (Thus at present you'd likely do a two-pass sort on the bricks: once for shape, then a separate pass for color.) He continues to refine the system, with a focus on making its recognition abilities faster. At some point down the line, he plans to make the software portion open source. You're on your own as far as building conveyer belts, bins, and so forth.

Check out Mattheij's writeup in two parts for more information. It starts with an overview of the story, followed up with a deep dive on the software. He's also tweeting about the project (among other things). And if you look around a bit, you'll find bulk LEGO brick auctions online—it's definitely a thing!

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8 Common Dog Behaviors, Decoded
May 25, 2017
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Dogs are a lot more complicated than we give them credit for. As a result, sometimes things get lost in translation. We’ve yet to invent a dog-to-English translator, but there are certain behaviors you can learn to read in order to better understand what your dog is trying to tell you. The more tuned-in you are to your dog’s emotions, the better you’ll be able to respond—whether that means giving her some space or welcoming a wet, slobbery kiss. 

1. What you’ll see: Your dog is standing with his legs and body relaxed and tail low. His ears are up, but not pointed forward. His mouth is slightly open, he’s panting lightly, and his tongue is loose. His eyes? Soft or maybe slightly squinty from getting his smile on.

What it means: “Hey there, friend!” Your pup is in a calm, relaxed state. He’s open to mingling, which means you can feel comfortable letting friends say hi.

2. What you’ll see: Your dog is standing with her body leaning forward. Her ears are erect and angled forward—or have at least perked up if they’re floppy—and her mouth is closed. Her tail might be sticking out horizontally or sticking straight up and wagging slightly.

What it means: “Hark! Who goes there?!” Something caught your pup’s attention and now she’s on high alert, trying to discern whether or not the person, animal, or situation is a threat. She’ll likely stay on guard until she feels safe or becomes distracted.

3. What you’ll see: Your dog is standing, leaning slightly forward. His body and legs are tense, and his hackles—those hairs along his back and neck—are raised. His tail is stiff and twitching, not swooping playfully. His mouth is open, teeth are exposed, and he may be snarling, snapping, or barking excessively.

What it means: “Don’t mess with me!” This dog is asserting his social dominance and letting others know that he might attack if they don’t defer accordingly. A dog in this stance could be either offensively aggressive or defensively aggressive. If you encounter a dog in this state, play it safe and back away slowly without making eye contact.

4. What you’ll see: As another dog approaches, your dog lies down on his back with his tail tucked in between his legs. His paws are tucked in too, his ears are flat, and he isn’t making direct eye contact with the other dog standing over him.

What it means: “I come in peace!” Your pooch is displaying signs of submission to a more dominant dog, conveying total surrender to avoid physical confrontation. Other, less obvious, signs of submission include ears that are flattened back against the head, an avoidance of eye contact, a tongue flick, and bared teeth. Yup—a dog might bare his teeth while still being submissive, but they’ll likely be clenched together, the lips opened horizontally rather than curled up to show the front canines. A submissive dog will also slink backward or inward rather than forward, which would indicate more aggressive behavior.

5. What you’ll see: Your dog is crouching with her back hunched, tail tucked, and the corner of her mouth pulled back with lips slightly curled. Her shoulders, or hackles, are raised and her ears are flattened. She’s avoiding eye contact.

What it means: “I’m scared, but will fight you if I have to.” This dog’s fight or flight instincts have been activated. It’s best to keep your distance from a dog in this emotional state because she could attack if she feels cornered.

6. What you’ll see: You’re staring at your dog, holding eye contact. Your dog looks away from you, tentatively looks back, then looks away again. After some time, he licks his chops and yawns.

What it means: “I don’t know what’s going on and it’s weirding me out.” Your dog doesn’t know what to make of the situation, but rather than nipping or barking, he’ll stick to behaviors he knows are OK, like yawning, licking his chops, or shaking as if he’s wet. You’ll want to intervene by removing whatever it is causing him discomfort—such as an overly grabby child—and giving him some space to relax.

7. What you’ll see: Your dog has her front paws bent and lowered onto the ground with her rear in the air. Her body is relaxed, loose, and wiggly, and her tail is up and wagging from side to side. She might also let out a high-pitched or impatient bark.

What it means: “What’s the hold up? Let’s play!” This classic stance, known to dog trainers and behaviorists as “the play bow,” is a sign she’s ready to let the good times roll. Get ready for a round of fetch or tug of war, or for a good long outing at the dog park.

8. What you’ll see: You’ve just gotten home from work and your dog rushes over. He can’t stop wiggling his backside, and he may even lower himself into a giant stretch, like he’s doing yoga.

What it means: “OhmygoshImsohappytoseeyou I love you so much you’re my best friend foreverandeverandever!!!!” This one’s easy: Your pup is overjoyed his BFF is back. That big stretch is something dogs don’t pull out for just anyone; they save that for the people they truly love. Show him you feel the same way with a good belly rub and a handful of his favorite treats.

The best way to say “I love you” in dog? A monthly subscription to BarkBox. Your favorite pup will get a package filled with treats, toys, and other good stuff (and in return, you’ll probably get lots of sloppy kisses). Visit BarkBox to learn more.

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