CLOSE
Original image
Getty Images

6 Constitutional Amendments That Just Missed the Cut

Original image
Getty Images

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.
* * * * * *
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.

Original image
iStock
arrow
Art
Brigido Lara, the Artist Whose Pre-Columbian Fakes Fooled Museums Around the World
Original image
iStock

In July 1974, Mexican authorities sent a man named Brigido Lara to jail. His crime wasn't a violent one, but it was serious nonetheless: Archaeologists from the Instituto Nacional de Antropología e Historia (INAH), a Mexican federal government bureau devoted to preserving the nation's heritage, claimed that Lara had been found with ancient ceramic artifacts looted from archeological sites in the state of Veracruz.

Lara was convicted of stealing and smuggling antiquities, but he insisted he wasn't a thief—and he could prove it. All he needed were tools and some clay brought to his jail cell. 

FORGING A CAREER

Lara grew up in Veracruz, in the village of Tlalixcoyán. While his parents were peasant farmers, Lara showed artistic talent—specifically, a knack for creating figurines from clay. Veracruz is home to many archaeological sites that date back to hundreds and thousands of years before the arrival of before Christopher Columbus, and the young Lara would often find ancient terra-cotta figurines in the fields and near rivers. He claims that by the time he was 9 years old, he was making versions of these artifacts using clay harvested from a local stream.

As Lara grew older, his skill set expanded. He reportedly taught himself how to prep and oven-fire local clay, and began making objects that mimicked those of several ancient Mesoamerican cultures—imitation Olmec pots, Maya polychrome vessels, and figurines in the Aztec, Mayan, and Totonac styles. He began specializing in replicating works by the Totonacs, a culture that flourished in central Veracruz until the Spanish Conquest introduced diseases that ravaged the communities. These figurines ranged in size from large to tiny, and often depicted mythological gods wearing masks and headdresses.

It's not entirely clear whether Lara began making these figurines for fun or profit. But according to the man himself, traveling dry-goods merchants had noticed his talents before he had even reached his teens. They accepted his "interpretations," as he called his early work, in lieu of cash—then sold them on the black market. Looters also came to Lara, asking him to fix and restore stolen works. Eventually, the artist wound up working in a Mexico City atelier that produced forgeries.

No detail was too tiny for Lara. He visited archaeological sites to study just-dug-up artifacts, and harvested clay from the surrounding region to sculpt exact likenesses. He later told Connoisseur magazine that for true authenticity, he even crafted his own primitive tools and stockpiled 32 grades of cinnabar—a reddish form of mercury used by the Olmec, an ancient Mesoamerican civilization that existed between 1200 BCE and 400 BCE—for precise pigmentation. He finished his works with a ancient-looking patina made from cement, lime, hot sugar water, urine, and other ingredients, and coated the final products with a seal made from dirt and glue.

But even though Lara was a stickler for the details, he also took artistic liberties with some of his "interpretations," adding elements that wouldn't have appeared on the original artifacts. Sometimes he would include a fanciful new detail from his imagination: a winged headdress, or one that writhed with serpents; a duck-billed mask, or a dramatic, lifelike pose.

Lara didn't consider himself a forger. "My style was born with me," he told The New York Times in 1987. "I didn't learn from anyone. I studied the pre-Columbian pieces in my town that came from the burial mounds, and I used the ancient techniques. I made these pieces and I am very proud."

But by young adulthood, he'd also become a businessman, selling his unsigned pre-Columbian replicas to middlemen who re-sold them to illegal art collectors both domestically and abroad. "I was aware that many buyers then sold them as authentic pre-Hispanic works," Lara admitted to Art & Antiques magazine years later.

COMING CLEAN

Lara's forgery career may have continued undetected had he and four of his buyers not been apprehended in 1974 and charged with trafficking in pre-Columbian works. The police didn't consider Lara an artist or a forger—his works looked so real, the authorities thought they'd been dug right out of the ground.

Lara was sentenced to 10 years in jail. To regain his freedom, he devised a plan: He asked law enforcement officials to grant his lawyer permission to bring him clay and art tools. Right there in his cell, Lara created replicas of the antiques he'd reportedly stolen. Experts from the INAH examined the earthen artworks, and declared them "genuine" ancient artifacts.

The stunt worked. Lara had proven he had made the works himself, not smuggled them out of ancient sites. Finally convinced of his innocence, prison officials released him in January 1975 after he'd served only seven months of his sentence.

After his release, Alfonso Medellín Zenil, head of the Museo de Antropología de Xalapa, offered Lara a job. "Our policy is, when you can't beat them, hire them," Fernando Winfield Capitaine, then the museum's director, joked to Connoisseur.

The Museo de Antropología is home to an extensive collection of artifacts from Mexico's Gulf Coast produced by ancient indigenous peoples such as the Olmec, the Huastec, and the Totonac. Lara was hired to restore these works as well as to make replicas for the museum's gift shop.

But his career as a forger wasn't behind him quite yet.

REVELATIONS AND REFLECTIONS

In the early 1980s, Veracruz governor Agustín Acosta Lagunes began repatriating pre-Columbian works from abroad, expanding the collections at the Museo de Antropología de Xalapa. But when Lara saw some of these imported works, which had been purchased at Sotheby's auction house in New York City, he pronounced them fakes. He knew, he said, because he'd made many of them—including a figure of a male dancer that had been exhibited at the Los Angeles County Museum of Natural History’s “Ancient Art of Veracruz” exhibit in 1971.

Little by little, it emerged that Lara’s works might have made their way into pre-Columbian art collections around the world, including in prestigious museums such as the Dallas Museum of Art and the Saint Louis Art Museum, as well as in renowned private collections. Lara claimed credit for a 3-foot statue of the Mexican wind god Ehecatl in New York City's Metropolitan Museum of Art, and out of approximately 150 works on display in the "Ancient Art of Veracruz" exhibit, asserted that he had made about a dozen.

Among the most notorious fakes Lara claimed to have created were three life-size ceramic sculptures in the Dallas Museum of Art that had once belonged to film director John Huston. "If you look at them closely, they are copies," Lara told the Associated Press in 1987. The works were attributed to the Totonac, and thought to have been made between 600 to 900 CE. Lara, however, claimed to have produced them during the 1950s: "The details are different than the originals … the details in the breast decorations, in the shoulder patches and so on," he said. "They are very different. They are originals of course—my own."

As news spread about Lara’s forgeries, the Saint Louis Art Museum, the Met in New York City, and the Dallas Museum of Art responded to the controversy by taking works off display. "All three museums acknowledged that many of the Veracruz-style objects in their collections were problematic," Matthew H. Robb, a former curator at the Saint Louis Art Museum who is now chief curator at the Fowler Museum at UCLA, tells Mental Floss.

Nobody knows exactly how Lara’s creations made their way into American museums (Lara blamed various high-profile art traffickers and dealers), but experts say they noticed when suspicious artifacts resembling his work first began popping up in the 1950s, as pre-Columbian art was becoming more and more popular among American art collectors. "They appeared out of nowhere, resembling nothing previously excavated," Edmund Carpenter, a New York archeologist, told The New York Times. "I saw some in New York, Los Angeles, Paris. Museums bought them, big collectors bought them. But nobody asked, 'How come a big find like this?'"

Bryan Just, a curator and lecturer on pre-Columbian art at the Princeton University Art Museum, chalks the phenomena up to scholarly ignorance. At the time, "there wasn't a lot of material available for comparison," he tells Mental Floss. "There are many regions, including Veracruz … where not a whole lot of archeology had been done. So for a lot of these [new] artworks, there weren't great sources to reference that answered questions like, 'How should this stuff really look?' And at that time, what had been excavated may not have been published."

There was also a shortage of experts to consult because the very idea of pre-Columbian relics as art was still relatively new. Connoisseurs only began collecting and selling these works in the early 20th century, and university scholars didn’t begin offering pre-Columbian art history courses until the 1950s, according to Just.

Not that collectors were necessarily consulting scholars in the first place: "If you were considering work that was offered to you by a dealer, you may have not wanted to consult a colleague who's an expert in that particular area if they work at a collecting institution," Just says. "You know, out of concern that they might snag it up before you do."

Fortunately, modern scholars have access to a greater body of knowledge about pre-Columbian art than their predecessors. "In retrospect, when I see Lara's stuff now, it seems pretty obvious to me that it's wrong," Just says. "It doesn't make sense when you think about it in terms of the broader context of what we know about these particular traditions."

But even today, it isn't always easy to ascertain what's real and what's not when it comes to pre-Columbian art. Experts sometimes use thermoluminescence tests, which involve removing a tiny piece of the object, grinding it up, heating it in a furnace, and observing how much light it emits. Ideally, this process can measure how long ago the clay was fired, but the results can be skewed if a work was recently exposed to extreme heat or had been cleaned.

Another issue is that "lots of these complicated ceramic sculptures are pastiches," Victoria Lyall, a curator of pre-Columbian art at the Denver Art Museum, tells Mental Floss. Artists "will use bits of older sculptures and put them back together. So you have to test a lot of different spots to really get a better sense of whether the entire piece is fake."

X-rays are a good way to spot a composite, but they interfere with thermoluminescence test results, putting conservationists between a rock and a hard place. Furthermore, clays from certain regions—like the clay Lara worked with in Veracruz—reportedly aren't as conducive to thermoluminescence testing.

A LEGACY OF LIES

Lara is now in his mid-70s. He no longer restores antiques at the Museo de Antropología de Xalapa full-time, but he still works as a consultant there, and he continues to make art under his own name. However, his legacy will forever be tied with the difficult history of pre-Columbian artwork. According to experts, it's possible that his artworks are still masquerading as artifacts around the world, and that he may have even helped shape modern scholars' perception of pre-Columbian art from Veracruz.

However, it's also feasible that Lara's stories are a composite of fact and fiction—just like his work. The artist claims to have made thousands of forgeries (one estimate places the number at more than 40,000 pieces), but some experts say it would have been nearly impossible for Lara—who was only in his 30s when he was arrested—to have produced so many works in just a few decades.

Plus, the timelines don't always add up: Lara "was about 8 years old at the time that the [Ehecatl statue] was supposedly manufactured and purchased by the Met," Lyall says.

Lara also claims to have been self-taught, but some have speculated that he's stretched the truth about his natural talent. He may have instead learned his trade by apprenticing at a young age in a Veracruz workshop that specialized in forgeries, theorizes Jesse Lerner, a professor of media studies at Pitzer College. Lara "denies all that, but it's hard to know … Just by the nature of his business, it's kind of shady," Lerner tells Mental Floss. (Lerner's 1999 documentary Ruins—a look at the history of Mexican archeology and the traffic in fakes—features an interview with Lara.)

This workshop might have sold both Lara's wares and similar works to international collectors through an established underground market. Such a scenario would explain the artist's familiarity with pieces in faraway collections, like the Met's statue, which he could describe in great detail despite likely having never produced it with his own hands. Because forgeries aren't exactly signed, it's difficult to know for sure which pieces are Lara's and which may have been made by other forgers.

Either way, Lara's frauds are a reminder to avoid believing everything you read—even if it's a label in a museum. And they offer another lesson, too.

"The types of ancient works that Lara and other forgers were imitating, they weren't intended as aesthetic objects," Lerner says. "They weren't for museums. They were representations of this whole world view of cosmic forces."

That makes forgeries like Lara's particularly problematic. "If the only way we can access that worldview is through these objects that survive, [Lara] is just adding bad data to the pool of data that we have available. He's messing up everyone's understanding of who these figures are representing, and how their universe was understood and functioned."

In other words, sometimes fakes don't just fool art lovers—they can also change our understanding of history.

Original image
U.S. Air Force, Wikimedia Commons // Public Domain
arrow
Lists
10 Cold War Artifacts From the Real-Life Bridge of Spies Auction
Original image
U-2 designer Kelly Johnson with Francis Gary Powers (left to right).
U.S. Air Force, Wikimedia Commons // Public Domain

The 2015 Steven Spielberg film Bridge of Spies tells the story of a captured U.S. Air Force pilot who was released from Soviet prison in exchange for the freedom of a KGB spy during the Cold War. To mark the 55-year anniversary of that historic prisoner swap, Guernsey’s is auctioning off items that belonged to the real-life military hero Francis Gary Powers.

The artifacts, donated to the auction house by Powers’s son, depict what life was like for an American spy during the Cold War. The Espionage Collection includes gear built for high-altitude covert missions, as well as documents written by Powers during his imprisonment. Here are some of the most fascinating objects going up for bid on October 6 and 7.

1. HIGH-ALTITUDE FLIGHT SUIT

Flight suit used on air force jet.

On May 1, 1960, Francis Gary Powers attempted to fly deeper into Soviet airspace than any U.S. reconnaissance mission had gone before. The U-2 plane was famously shot down and its pilot captured, turning what should have been a covert operation into a historic Cold War pressure point. When the auction opens in October, one lucky bidder will snag a perfect copy of the flight suit Powers wore that day. Never-been-worn, the suit still includes its two intact air hoses, similar to those that kept Powers alive when flying through the upper atmosphere. Similar technology was used to build the gear worn by astronauts and cosmonauts during the space race.

Starting bid: $5000

2. INFLATABLE RAFT

Raft used on military jet.

While the flight suit above was never actually worn by Powers, this raft was likely on board his U-2 with him the day it was shot down in 1960. Experts believe the item was salvaged and displayed in a Soviet museum following the failed reconnaissance mission. After the museum was looted, the raft was allegedly used by local fishermen for years before it was returned to Powers’s family. The flotation device measures 7-by-15-feet folded and features its original plastic inflation tube still bearing old teeth marks.

Starting bid: $750

3. SOVIET PROPAGANDA POSTER

Soviet propaganda poster.

The Bridge of Spies auction features several Soviet Union propaganda posters, including prints of Lady Justice and Vladimir Lenin. This Soviet workers poster, with a gold hammer and sickle against a field of grain, showcases some of the most iconic imagery from the era.

Starting bid: $250

4. FLUID CONTAINMENT VESSEL

Fluid containment vessel used by air force pilots.

When you've got to go, you've got to go—even if you’re a spy in the middle of a top-secret mission thousands of miles above Soviet soil. For long U-2 flights, Powers zipped this container into one of the pockets of his suit and pulled it out when he needed to relieve himself. As the item description reads, “This historic and straightforward piece of equipment proves that smart design can take you great distances.”

Starting bid: $500

5. HOUSE OF UN-AMERICAN ACTIVITIES BOOKS

Six Cold War-era booklets spread out on a table.

The U.S. government formed the House Un-American Activities Committee in 1938 to investigate citizens and organizations with suspected Soviet leanings. These six booklets dictate hearings from the committee in 1960 and outline the “subversive activities of anyone believed to have ties to Communist organizations.” They provide important context for how Cold War tensions manifested in America the year Powers was captured.

Starting bid: $200

6. POWERS’S PRISON JOURNAL

Cover of an old notebook.

Faced with up to 10 years in USSR custody, Gary Powers started teaching himself Russian shortly after he was sentenced. His notebook from that time contains two pages of English words paired with their Russian definitions handwritten in pencil. Despite his status as a prisoner of war, this behavior actually got him into trouble back in the States. Anti-Soviet sentiments were so high at the time that Powers was branded a traitor for daring to learn the language of the enemy. Fortunately this label didn’t last forever, and today he’s considered a military hero.

Starting bid: $750

7. GARY POWERS’S TRENCH COACH

Tan trench coat on a coat hanger.

Nothing says “spy” like a good, vintage trench coat. This tan London Towne jacket worn by Powers in the 1960s was originally made for Army officers. The durable cotton garment features one visible button at the neck and four concealed lower buttons for a sleek, mysterious look.

Starting bid: $600

8. FALLOUT FORECAST MAP OF THE U.S.

Map of the U.S. framed behind glass.

Nuclear conflict wasn’t just a vague threat for many Americans during the Cold War—it was an imminent reality they needed to prepare for. This atmosphere of terror produced such items as this nuclear fallout map, published by the District of Columbia Office of Civil Defense in 1960. The 28.5-by-40.5-inch map depicts the contiguous United States with the longitude and latitude points of potential radioactive decay.

Starting bid: $200

9. PIECE OF THE IRON CURTAIN

A section of lattice iron fencing.

In addition to being one of the most powerful metaphors of the Cold War, the Iron Curtain was also a literal barrier that divided Eastern and Western Europe in some rural parts of the continent. This rare 11-by-16-inch patch of iron fencing shows the welded design that prevented many Eastern Europeans from escaping Communist rule from the late 1940s to 1991.

Starting bid: $350

10. A LETTER FROM POWERS TO HIS WIFE

Pages of a letter and a postcard.

Powers wrote a letter to his wife Barbara on December 13, 1960, seven months after his capture. He wrote of his condition in the facility as well as his outlook on his situation. "As long as I do not lose hope everything will be alright,” he said. “I haven't lost hope yet." He was also interested in the new president-elect John F. Kennedy, who would come to have a major impact on the Cold War following his inauguration in 1961. Powers wrote: "Would you send me a copy of Kennedy's inauguration speech and any other statements he makes. I am very interested in what his views are and especially what his foreign policy will be..." As well as giving insight into Powers’s state of mind during this time, the document is also a Russian artifact, sporting full-color Soviet-era stamps.

Starting bid: $1500

SECTIONS

arrow
LIVE SMARTER
More from mental floss studios