Jonah Patel
The US Constitution is a living document that has been amended many times since its inception in 1787. As society evolves, so too do the needs and expectations of its citizens. There are many good ideas for amendments that could be added to the US Constitution, including those that address modern concerns such as cybersecurity, reproductive rights, and the preservation of natural resources. Other suggestions include giving equal rights to women, minorities, and non-US citizens, and addressing issues such as gun violence, healthcare, and education. Amendments are a way to ensure that the Constitution remains relevant and representative of the people it serves, with some suggesting that the right to vote should be protected, and that everyone should have the right to healthcare.
| Characteristics | Values |
|---|---|
| Right to privacy | Protected |
| Immigration reform | Addressed |
| Women's reproductive rights | Defined |
| Equality | Established |
| Bodily rights | Protected |
| Civil rights | Fortified |
| Term limits for senators/representatives | Implemented |
| Voting rights | Protected |
| Universal healthcare | Provided |
| Gun violence | Addressed |
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What You'll Learn
Right to healthcare
The right to healthcare is a human right recognised by the WHO Constitution and several international legal instruments, including the International Covenant on Economic, Social and Cultural Rights. This right to health is indivisible from other human rights, such as the rights to education, food, housing, and work. It includes the freedom to control one's health and body, such as sexual and reproductive rights, and the freedom from interference, such as non-consensual medical treatment.
While the US Constitution does not explicitly mention a right to healthcare, it does empower Congress to "provide for the general Welfare of the United States" and regulate interstate commerce. The Improving American Health Act, for example, could be justified under these provisions as healthy citizens contribute to more efficient commerce and a larger GDP.
Additionally, Congress has enacted statutes like Medicare, Medicaid, and the Children's Health Insurance Program, which establish statutory rights for individuals to receive healthcare services from the government. The Affordable Care Act, enacted in 2010, also significantly expanded healthcare coverage.
Some state constitutions in the US also contain provisions relating to health and the provision of healthcare services, sometimes providing more expansive rights than the federal Constitution.
The inclusion of an explicit right to healthcare in a constitution would ensure universal access to quality health services, addressing issues of coverage, accessibility, cost, accountability, and quality. It would also strengthen the legal obligation on countries to develop and implement policies that guarantee this right, addressing root causes of health disparities such as poverty, stigma, and discrimination.
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Right to vote
Surprisingly, the original text of the US Constitution does not explicitly state that citizens have the right to vote in elections. Instead, it gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections.
The right to vote has been expanded by a series of constitutional amendments, which have added protections to the right to vote in the US Constitution. The 14th Amendment, for example, extends citizenship and voting rights to all natural-born or naturalized Americans, regardless of race. The 15th Amendment prohibits restricting the right to vote due to race, and the 19th Amendment extends voting rights to all women. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
Despite these amendments, the federal government and the Supreme Court are currently unlikely to protect voting rights, so it is up to the states to take action. Some steps that individual states can take include removing barriers to voter registration, making casting a ballot as easy as possible, and passing a state-level voting rights act. Litigation under state constitutions could be another way to protect voting rights.
Some people have suggested that the Constitution should be amended to include the right to vote for everyone, and to give everyone of voting age the right to vote.
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Living wage
The concept of a living wage has been enshrined in the Constitution of India, which states that all workers, regardless of their sector, should have suitable work that provides a living wage and decent standards of living. This includes access to leisure and social and cultural opportunities. The Indian Constitution also emphasizes the importance of promoting cottage industries in rural areas to achieve economic self-sufficiency.
In the context of the United States, the idea of a living wage is reflected in the Fair Labor Standards Act (FLSA), enacted by Congress in 1938. The FLSA established a federal minimum wage to stabilize the post-depression economy and protect workers. The minimum wage was intended to create a baseline standard of living for employees, ensuring their health and well-being. While the federal minimum wage currently stands at $7.25 per hour, some states have implemented their own minimum wages, which may be higher or lower than the federal level.
Including a living wage provision in the US Constitution would guarantee a minimum standard of living for all workers. This could be achieved through suitable legislation and economic organization, as outlined in the Indian Constitution. Such an amendment would empower Congress to regulate commerce and ensure that workers across the country are compensated fairly.
Additionally, a living wage amendment could address the disparities between urban and rural areas, promoting economic self-sufficiency in rural regions. This could be accomplished by encouraging the growth of cottage industries, as suggested in the Indian Constitution's Draft Article 34. By empowering rural communities, the amendment would contribute to a more equitable distribution of economic opportunities and improve the overall welfare of the nation.
In conclusion, adding a living wage provision to the US Constitution would ensure that all workers are provided with fair compensation, decent living standards, and access to social and cultural opportunities. It would also address economic disparities between urban and rural areas, fostering a more prosperous and equitable society.
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Abolish the Electoral College
The Electoral College has been a topic of debate since its inception, with many questioning why Americans use this system to elect their presidents. The system has resulted in five instances in history where presidential candidates have won the popular vote but lost the Electoral College. This discrepancy between the popular vote and the Electoral College vote has led to calls for its abolition and the implementation of a direct popular vote system.
The Electoral College was created as a compromise during the 1787 Constitutional Convention, where delegates debated how to elect the president. Some argued for Congress to select the president, while others favoured a democratic popular vote. The resulting compromise, known as the Electoral College, involves the creation of a temporary group of electors every four years, equal in number to the total number of representatives in Congress. These electors, not the American people, officially cast votes for the president.
The process of amending the Constitution to abolish the Electoral College is challenging, requiring significant consensus. A constitutional amendment would need at least two-thirds affirmation from both the House and the Senate, as well as approval from at least 38 out of 50 states. While Congress has nearly reached this threshold in the past, with a close call during the 91st Congress (1969-1971), the proposal ultimately failed due to opposition from senators and conservatives from small states, who argued that abolishing the Electoral College would reduce their states' political influence.
Despite the challenges, there have been continued efforts to abolish the Electoral College. On November 15, 2016, Senator Barbara Boxer (D-California) introduced a proposal for the direct popular election of the President and Vice President by the voters in the various states and the District of Columbia. This was followed by a companion resolution from Representative Steve Cohen (D-Tennessee) in the House of Representatives on January 5, 2017. More recently, on December 16, 2024, Democratic Senators Brian Schatz, Dick Durbin, and Peter Welch proposed a Constitutional Amendment to abolish the Electoral College.
Public opinion also plays a role in the push to abolish the Electoral College. Polls conducted in 2019 by POLITICO and Morning Consult, and NBC News and the Wall Street Journal, found that a majority of respondents favoured a direct popular vote. Additionally, partisan divisions exist, with a higher percentage of Democratic respondents supporting the abolition of the Electoral College compared to Republican respondents.
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Gun control
The Second Amendment of the U.S. Constitution guarantees "the right of the people to keep and bear arms". However, the interpretation of this statement has been a topic of debate, with some scholars arguing that the Framers intended to restrict Congress from legislating away a state's right to self-defence, and others arguing that citizens do not have an individual right to possess guns, and that legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.
The interpretation of the Second Amendment has been a topic of discussion in several Supreme Court cases. In United States v. Cruikshank (1876), the Supreme Court ruled that the right to bear arms is not granted by the Constitution, but that the Second Amendment restricts the powers of the National Government from infringing upon this right. In United States v. Miller (1939), the Supreme Court ruled that the Second Amendment did not protect weapon types that did not have a reasonable relationship to the preservation or efficiency of a well-regulated militia. In District of Columbia v. Heller (2008), the Supreme Court handed down a landmark decision that held that the amendment protects an individual's right to keep a gun for self-defence. In Caetano v. Massachusetts (2016), the Supreme Court reiterated its earlier rulings that the Second Amendment extends to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding. In NYSRPA v. Bruen (2022), the Supreme Court created a new test that laws seeking to limit Second Amendment rights must be based on the history and tradition of gun rights.
Despite the Supreme Court's rulings, the debate between various organizations regarding gun control and gun rights continues. Some people argue that the Second Amendment was intended to provide assurances to Anti-Federalists that the militias would not be disarmed, and that it was meant to balance not just political power, but also military power, between the people. Others argue that the sale, purchase, and use of guns should be regulated just as automobiles and boats are, and that reasonable regulations for the ownership and use of firearms are necessary to stop mindless homicidal carnage.
In an effort to address these concerns, Governor Gavin Newsom has proposed adding a 28th amendment to the U.S. Constitution to place new age limits, background check requirements, and mandatory waiting periods for gun purchasers. Newsom's proposal includes four specific firearm restrictions: raising the federal minimum age for all gun buyers to 21, requiring a reasonable waiting period between the time a person pays for and receives a gun, requiring background checks for all gun purchases, and barring civilian purchase of assault weapons. While Newsom's proposal has gained support from public polling, it faces significant political challenges, as it would require the sign-off of three-fourths of state legislatures (38 out of 50) to add the text to the Constitution.
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Frequently asked questions
Add an amendment to protect the right to vote and ensure equal access to voting.
The constitution could guarantee that all schools are equitable, eliminating disparities in resources and opportunities between rich and poor districts.
Yes, the constitution could provide everyone with the right to free healthcare or pay-what-you-can healthcare coverage.
The constitution could limit gun possession to individuals who need them for military and hunting purposes.
Add an amendment to preserve nature and protect natural resources and wildlife.
