Adapting The Constitution: Changes For A Modern World

The US Constitution, written in 1787, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible, and it has been amended many times to adapt to changing social and economic circumstances. The process of amending the Constitution is challenging, and amendments have generally come about due to a widely recognised problem or a sustained campaign for reform. Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments, of which the states have ratified 17. Amendments have addressed issues such as protecting individual rights, taxation, and voting rights. The evolutionary process of the Constitution is inevitable, and its adaptability allows it to cope with current problems and needs.

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Amendments to protect individual rights

The US Constitution has been amended several times to protect individual rights and liberties. The first ten amendments, known as the Bill of Rights, were approved and ratified in 1791. James Madison, then a member of the US House of Representatives, wrote these amendments to limit government power and protect individual liberties.

The First Amendment protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It also prevents the government from creating or favouring a religion. The Second Amendment guarantees the right to keep and bear arms. The Third Amendment prohibits the housing of soldiers in private homes. The Fourth Amendment protects citizens from unreasonable searches and seizures, requiring a warrant for government intrusion into homes. The Fifth Amendment protects individuals from self-incrimination, double jeopardy, and the seizure of property under eminent domain.

The Sixth Amendment ensures the right to a speedy and public trial by an impartial jury, the right to confront witnesses, obtain favourable witnesses, and have legal assistance. The Seventh Amendment preserves the right to a jury trial in civil cases involving amounts over twenty dollars. The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. The Ninth Amendment acknowledges that the Constitution does not enumerate all rights retained by the people. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.

Subsequent amendments have further extended individual rights. The Fourteenth Amendment, ratified in 1868, extended the liberties and rights granted by the Bill of Rights to formerly enslaved people and required due process of law and equal protection under the law from both federal and state governments. The Fifteenth Amendment, ratified in 1870, prohibited denying the right to vote based on race. The Equal Rights Amendment, passed by Congress in 1972, aimed to prohibit discrimination based on gender, although it ultimately failed to be ratified by a sufficient number of states due to anti-feminist opposition.

The right to freedom of votes

The right to vote in the United States has been a contentious issue since the country's founding. While the Constitution grants certain rights and freedoms to citizens, the right to vote is notably absent from the original text. Instead, the authority to protect voting rights stems from amendments adopted following the Civil War and legislation passed during the civil rights movement.

The Fourteenth Amendment, ratified in 1868, granted citizenship to all persons born or naturalized in the United States and subject to its jurisdiction. This amendment transformed the Constitution and is considered by many scholars to be the nation's "Second Founding." The Fifteenth Amendment, ratified in 1870, further expanded voting rights by prohibiting the government from denying a citizen the right to vote based on race, colour, or previous condition of servitude. This amendment effectively enfranchised African American men, who had previously been denied the right to vote through various discriminatory practices, such as literacy tests and poll taxes.

Despite these amendments, the fight for voting rights continued, especially for women and minority groups. The Nineteenth Amendment, ratified in 1920, guaranteed women's right to vote, and the Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The Voting Rights Act of 1965 was a significant milestone, outlawing literacy tests and providing for the appointment of federal examiners to register qualified citizens to vote. This act also required covered jurisdictions to obtain preclearance for any new voting practices and procedures, ensuring that discriminatory practices were not implemented.

While these amendments and acts expanded voting rights, the ongoing debate surrounding voting rights in the United States highlights the need for continued vigilance and advocacy. The federal government's power to protect voting rights and regulate elections has been challenged, and the failure to pass new voting legislation has weakened the ability to enforce these rights. Litigation under state constitutions and the proposal of new voting rights bills, such as the John Lewis Voting Rights Advancement Act, demonstrate ongoing efforts to protect and expand voting rights in the United States.

The right to freedom of religion

The First Amendment also ensures that people of any faith or no faith can serve in public office, breaking with European tradition. It protects the right to act on one's religious beliefs in both private and public life, allowing citizens to take their religiously informed moral judgments into the public square when debating public policy matters. This includes the right to choose a religious education for one's children and the right to display religious symbols and imagery in government buildings, as seen in the Ten Commandments Cases of 2005.

The Establishment Clause, which states that "Congress shall make no law respecting an establishment of religion", has been a point of contention. While it is meant to prevent Congress from establishing a national church or interfering with religious institutions, interpretations of this clause have varied. Some argue that it should not exclude religion from public life, as religion has played a significant role in American politics since the colonial era.

The protection of religious liberty is deeply rooted in American history, with early settlers fleeing religious persecution in Europe. The principle of religious liberty was enshrined in the First Amendment in 1791, and the Constitution has since protected the fundamental right to religious freedom. The establishment of the Religious Liberty Commission by the executive branch aims to enforce these protections and ensure that religious voices and views remain integral to public life.

However, there have been challenges to religious freedom, with opponents arguing for the removal of religion from public life or characterizing religious liberty as inconsistent with civil rights. The interpretation and protection of religious freedom in the Constitution continue to evolve, with ongoing debates and court cases shaping the understanding of this fundamental right.

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The right to freedom of movement

In the United States, the right to freedom of movement is protected by the Constitution, specifically by the Privileges and Immunities Clause, which states that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." The Supreme Court has affirmed this right in several cases, including Crandall v. Nevada (1868), where it declared that freedom of movement is a fundamental right, and United States v. Guest (1966), recognising the right of interstate movement as fundamental.

However, there have been instances where laws and policies have restricted freedom of movement. For example, the 1910 Mann Act banned the interstate transport of females for "immoral purposes," which was used to prosecute interracial couples and those with left-wing views. The Act has since been amended to be gender-neutral and now focuses on illegal sexual activities. Additionally, convicted persons, including juveniles, often have their right to interstate travel restricted as part of their sentence or probation.

The Constitution has been adapted to address social and economic changes related to freedom of movement. Amendments have been made to ensure that all citizens, regardless of race or ethnicity, have the right to freedom of movement, among other rights. These adaptations reflect a commitment to protecting the fundamental liberties of all individuals.

In other countries, the right to freedom of movement is also recognised. For example, the Syrian Constitution guarantees the right to liberty of movement within its territory, while Israeli Basic Law provides for freedom of movement within the country, foreign travel, immigration, and repatriation. However, the implementation of these rights can vary, and organisations like Amnesty International have criticised countries, including Syria, for imposing restrictions on freedom of movement.

The right to be taxed for basic amenities

The 16th Amendment to the U.S. Constitution, ratified in 1913, established Congress's right to impose a federal income tax. This amendment was passed by Congress in 1909 and came into effect on February 25, 1913, with the certification by Secretary of State Philander C. Knox. It marked a significant shift in the way the federal government received funding, with income tax becoming a key source of revenue.

The 16th Amendment resolved the constitutional question of how to tax income and brought about dramatic changes in the American way of life. It provided Congress with the explicit authority to "`lay and collect Taxes, Duties, Imports, and Excises," addressing the taxation and spending power of Congress. This amendment was the culmination of a series of events, including the financial demands of the Civil War, which led to the first income tax in 1861, and the efforts of progressive groups advocating for a fairer tax system during the Progressive Era.

The interpretation and application of the 16th Amendment have been the subject of debate and court rulings. The Supreme Court ruled in Brushaber v. Union Pacific Railroad (1916) that income taxes were constitutional under the 16th Amendment, even if they were unapportioned. This decision clarified that the amendment allows taxes on "wages, salaries, commissions, etc." without apportionment. Additionally, the amendment's scope has been defined by cases such as Flint v. Stone Tracy Co. (1911), which distinguished between taxing individuals and entities, and United States v. Ptasynski (1983), which allowed a quasi-geographical tax exemption for oil produced above the Arctic Circle.

The implementation of the income tax in the United States has faced opposition and criticism. Some argue that it violates the 5th Amendment's protection against unlawful seizure of property. However, courts have repeatedly upheld the legality of tax payments. The progressive nature of the U.S. income tax system, with marginal tax rates increasing as income rises, has also been a point of contention. Despite these debates and challenges, the United States has consistently collected income taxes since the ratification of the 16th Amendment.

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