Isabella Carter
The Constitution is a set of instructions that limit the powers of the government and the presidency. However, in recent years, there have been several instances of modern violations of the Constitution by governmental entities and individuals exercising responsibility for those entities. For example, President Trump has been accused of violating the Constitution by targeting law firms associated with the Democratic Party and initiating investigations against his political opponents, which many consider to be an abuse of power. In addition, the Supreme Court has been criticized for creating loopholes, such as qualified immunity, which makes it difficult to hold government officials personally liable for constitutional violations. These violations often go unpunished, and those responsible are rarely held accountable.
| Characteristics | Values |
|---|---|
| Violation of the First Amendment | Curtailing free speech |
| Violation of the Fourteenth Amendment | Indifference towards violations |
| Violation of the Second Amendment | Lack of concern for gun owners' rights |
| Qualified Immunity | Lack of accountability for government officials |
| Unconstitutional Rules | FCC violating individuals' rights |
| Violation of Civil Liberties | Deprivation of rights by government entities |
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What You'll Learn
Violation of the First Amendment
The First Amendment to the US Constitution guarantees citizens several freedoms, including freedom of religion, speech, press, assembly, and the right to petition the government. However, modern times have seen violations of these rights.
One example is the case of a police chief who spoke out against the mayor's insistence on firing all white police officers, which was deemed illegal race discrimination. The police chief experienced retaliation from the mayor for exercising his First Amendment rights.
Another violation pertains to students' rights. In a landmark case, John Tinker, Mary Beth Tinker, and Christopher Eckhardt wore black armbands to school to protest the Vietnam War. Despite the school's policy forbidding this, they chose to wear the armbands and were subsequently suspended. The students sued the school district for violating their First Amendment rights, and the Supreme Court ruled in their favour, stating that non-disruptive, passive, symbolic speech cannot be censored.
The Supreme Court has also ruled on cases involving freedom of religion. In Lee v. Weisman, the Court determined that allowing religious invocations at public middle and high school graduation ceremonies violated the establishment clause. Similarly, in Wooley v. Maynard, the Court upheld the right of a Jehovah's Witness to object to New Hampshire's state motto, "Live Free or Die," on their license plate, as it went against their conscience.
Additionally, violations of freedom of speech and expression have been addressed by the courts. In Miami Herald Publishing Co. v. Tornillo, the Supreme Court invalidated a state law requiring newspapers to provide free reply space to criticised political candidates, protecting the editors' right to choose their content. In another case, the Court ruled that a state may prohibit exhibitions deemed obscene, even if limited to consenting adults, upholding freedom of expression.
These examples demonstrate modern violations and interpretations of the First Amendment rights guaranteed by the US Constitution.
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Violation of the Eighth Amendment
The Eighth Amendment to the US Constitution, ratified on December 15, 1791, prohibits excessive bail, excessive fines, and cruel and unusual punishments. The interpretation of "cruel and unusual punishments" has been a subject of debate, with critics arguing that the lack of a clear definition allows for the potential abuse of power by the government.
The Eighth Amendment was created to address concerns about the potential for Congress to impose cruel and unusual punishments, such as torture devices like the rack, gibbets, and thumbscrews, or other humiliating punishments. Abraham Holmes, a representative at the Massachusetts Ratifying Convention, warned that without a check on Congress, they might reintroduce cruel practices associated with the Inquisition. Patrick Henry also argued that Congress could use punishment as a tool of oppression, extorting confessions through torture.
In modern times, the interpretation of the Eighth Amendment has evolved, and several questions have arisen regarding its applicability. One question is whether the Court should interpret "cruel and unusual punishments" based on the standards of 1791 when the amendment was adopted, or if it should consider contemporary public opinion and moral judgment. Another question is whether the Cruel and Unusual Punishments Clause only prohibits barbaric methods of punishment or if it also covers punishments that are disproportionate to the offense.
Additionally, there is debate about whether the death penalty violates the Eighth Amendment. Opponents of capital punishment argue that it is a relic of the past and constitutes "cruel and unusual" punishment, while supporters contend that it is still legal in several states and has substantial public support. Furthermore, modern methods of punishment, such as extended solitary confinement and the use of a three-drug cocktail for executions, have been questioned for their potential violation of the Eighth Amendment due to their "barbaric" nature.
The Eighth Amendment reflects the evolving perspectives of criminal justice, from the late 18th century to modern times, and continues to be a subject of interpretation and debate.
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Violation of civil liberties
The Constitution of the United States is frequently violated, and those who violate it are rarely held accountable. One example of this is the violation of the First Amendment, which has been curtailed by many national leaders, particularly during times of crisis. The interpretation and application of the First Amendment have also changed over time, with the government seeking to discover the boundaries between permissible and impermissible actions.
Another example of constitutional violations is the case of Almighty Supreme Born Allah, who spent over six months in solitary confinement, despite not being convicted of a crime. Four federal judges agreed that his treatment during pretrial detention violated his constitutional rights, yet he lost his case due to a rule called qualified immunity, which shields government officials from liability. This doctrine of qualified immunity has been criticised for undermining constitutional rights, including the right to be free from unreasonable searches and seizures, cruel and unusual punishment, and racial discrimination.
The American Civil Liberties Union (ACLU) has highlighted other cases where individuals' constitutional rights have been violated by government agencies, town governments, schools, police officers, or states. For instance, the Federal Communications Commission (FCC) has been accused of violating individuals' constitutional rights by creating unnecessary and burdensome regulations. In some cases, victims of constitutional violations may seek legal assistance from organisations like the ACLU or turn to federal laws like Section 1983, which holds government officials liable for violating constitutional rights.
Section 242 of Title 18 also makes it a crime for any person acting under the colour of law to willfully deprive an individual of their constitutional rights or privileges. This includes federal, state, or local officials acting within or beyond their lawful authority, as long as they are purporting to perform their official duties. While there are legal avenues to address constitutional violations, the harm caused by these violations, such as the limitation of speech or the violation of equal protection under the law, can be challenging to quantify.
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Violation of the Fourteenth Amendment
The Fourteenth Amendment to the US Constitution was passed by Congress in early 1868 and ratified in July of the same year. The Amendment was enacted to prevent states from denying rights to Black Americans or discriminating against them because of their race or colour. It provides three fundamental guarantees:
- That states cannot enact laws that limit the "privileges or immunities" of US citizens.
- That states must ensure that a person is afforded due process of law before losing their property, liberty, or life.
- That states cannot deny any person the equal protection of the law.
Despite the Amendment, there have been several instances of its violation. One example is the case of Plessy v. Ferguson (1896), where the Supreme Court ruled that as long as separate facilities for Black and white Americans were equal, their separation did not violate the 14th Amendment. This ruling allowed for the segregation of public schools based solely on race, as long as the facilities were "equal". However, in Brown v. Board of Education (1954), the Supreme Court overturned this decision, ruling that "separate is inherently unequal".
Another example of a violation is the case of United States v. Morrison (2000), where the Supreme Court held that Congress did not have the power under Section Five of the Fourteenth Amendment to enact the Violence Against Women Act, which allowed victims of gender-motivated violence to sue their perpetrators in federal court.
In addition, the broad language of the Amendment has often led to interpretations that seem contrary to its original intent. For instance, southern states enacted laws justifying separate facilities for Blacks and whites, arguing that they were not denying access or engaging in discrimination because the facilities were "equal".
The Fourteenth Amendment has also been violated in the realm of education. In Oregon v. Mitchell (1970), the Supreme Court held that Congress could not constitutionally require states to allow eighteen-year-old citizens to vote in state and local elections. This ruling impacted the rights of young people to participate in the democratic process.
Furthermore, there is the issue of selective enforcement of the Amendment. Some people may be more concerned with violations of certain Amendments, such as the First or Second, while turning a blind eye to violations of the Fourteenth. This raises the question of whether we can pick and choose which parts of the Constitution we adhere to and which we ignore.
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Violation of the Twelfth Amendment
The Twelfth Amendment to the United States Constitution outlines the procedure for electing the president and vice president. It was proposed by Congress on December 9, 1803, and ratified by three-quarters of state legislatures on June 15, 1804. The Twelfth Amendment replaced the procedure in Article II, Section 1, Clause 3, which governed the functioning of the Electoral College.
Under the original procedure, each member of the Electoral College cast two electoral votes, without distinguishing between votes for president and vice president. The presidential candidate with the most votes, provided they achieved a majority, was elected president, while the runner-up became vice president.
The Twelfth Amendment changed this by requiring electors to cast one vote for president and one for vice president. This guaranteed that the president and vice president would be from the same ticket, and it gave the House and Senate distinct roles in choosing the president and vice president, respectively.
However, there have been modern violations and challenges to the Twelfth Amendment. During the 2000 US presidential election between George W. Bush and Al Gore, a Habitation Clause issue arose. Bush's running mate, Dick Cheney, was also a resident of Texas, and it was alleged that Texas electors violated the Twelfth Amendment by casting their ballots for both candidates. This highlighted the complexities of electoral politics and the potential for constitutional violations.
Another interpretation of the Twelfth Amendment centres on the qualifications for the presidency and vice presidency. The Twelfth Amendment states that the constitutional requirements for the president also apply to the vice president. However, some argue that this amendment, along with the Twenty-second Amendment, could bar a two-term president from later serving as vice president. This interpretation is debated, as the Twelfth Amendment focuses on qualification for service, while the Twenty-second Amendment addresses qualifications for election.
While the Twelfth Amendment has been violated or challenged in modern times, it remains a crucial aspect of the US Constitution, shaping the Electoral College process and ensuring a clear distinction between the roles of the president and vice president.
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