Eleanor Finch
The process of amending the US Constitution is a difficult and time-consuming endeavour. It requires a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures. Since its drafting in 1787, there have only been 27 amendments, indicating the high bar for constitutional change. The next wave of amendments is expected to address a range of issues, including term limits, voting rights, campaign finance reform, and environmental protection. While there are numerous proposals for change, any successful amendment must garner wide public support and address a genuinely constitutional issue.
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What You'll Learn
National Immigration Reform Amendment
The United States Constitution, which came into effect on March 4, 1789, empowers the US Congress to pass federal immigration laws, providing they do not violate the provisions of the Constitution, particularly those in the Bill of Rights and the Fourteenth Amendment. The Fourteenth Amendment, ratified in 1868, significantly expanded citizenship rights, asserting that all individuals born or naturalized in the US are citizens, regardless of their parents' status. This principle, known as jus soli, has allowed many immigrants and their children to achieve citizenship.
However, there have been concerns about illegal immigration and national security threats posed by some aliens unlawfully present in the country. The Immigration and Nationality Act (INA), enacted in 1952, has been amended numerous times and contains crucial immigration law provisions. It is essential to prioritize the safety and security of Americans while also adhering to constitutional principles and protecting the rights of citizens and individuals within the country's jurisdiction.
A proposed "National Immigration Reform Amendment" could focus on several key areas. Firstly, it could aim to strengthen border security and address concerns about illegal immigration by allocating additional resources to border patrol and enhancing technologies for detecting and preventing unauthorized entries.
Secondly, the amendment could outline a comprehensive approach to dealing with aliens who violate immigration laws, including efficient removal procedures and the establishment of detention facilities. It could also authorize state and local law enforcement officials to assist in enforcing immigration laws, under the direction of the Secretary of Homeland Security, to ensure a unified front in addressing immigration violations.
Additionally, the amendment could propose reforms to the naturalization process, aiming to reduce bureaucratic delays and provide a clear and efficient path to citizenship for eligible immigrants. This could include expanding access to legal resources and assistance for those navigating the naturalization process, ensuring a fair and transparent journey to citizenship.
Finally, the "National Immigration Reform Amendment" could emphasize the protection of the rights of all individuals within US jurisdiction, regardless of their citizenship status. This would include ensuring due process and equal protection under the law, as outlined in the Fourteenth Amendment, and prohibiting discrimination or unfair treatment based on immigration status.
The amendment process is challenging and time-consuming, requiring a two-thirds majority vote in both houses of Congress and ratification by three-fourths of the states. However, with careful consideration and a focus on addressing key immigration concerns, a "National Immigration Reform Amendment" could bring about significant improvements to the system while upholding the rights and security of all those within the nation.
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Definitive right to privacy
The right to privacy is an essential aspect of various legal traditions, aiming to curb government and private actions that may infringe on individuals' privacy. Over 185 national constitutions recognise this right, and it has been a subject of international debate since the 2013 global surveillance disclosures.
The right to privacy has been interpreted differently in various contexts. For instance, in the health care sector, the Privacy Rule of the Health Insurance Portability and Accountability Act, enacted in 1996, safeguards patients' medical data and grants them rights over their health information. In contrast, medical anthropologist Khiara Bridges argues that the US Medicare system's extensive personal disclosure requirements effectively negate pregnant women's privacy rights.
In the digital realm, privacy rights are intricately linked to information technology. Brandeis, in his dissenting opinion in Olmstead v. United States (1928), asserted that personal privacy matters are pertinent to constitutional law and warned of the government's potential as a privacy invader. This concern remains relevant today, with government agencies engaging in mass surveillance.
The right to privacy has been extended to encompass individuals' right to abortion, same-sex sexual conduct, and the right to purchase contraceptives for unmarried couples. These extensions were derived from the Fourteenth Amendment's guarantee of due process and personal liberty.
To amend the US Constitution and enshrine a definitive right to privacy, a challenging and time-consuming process must be navigated. A proposed amendment must secure a two-thirds majority vote in both the House of Representatives and the Senate, or two-thirds of state legislatures could request a Constitutional Convention, which has never occurred. Once proposed, the amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution.
Given the complexity of the amendment process, any proposed changes must significantly impact all Americans or secure citizens' rights. A definitive right to privacy amendment would strengthen individuals' control over their personal information and protect them from unwarranted government intrusion, ensuring their dignity and autonomy in a democratic society.
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Protection for natural resources
The protection of natural resources is a critical area that can be strengthened in future constitutional amendments. Here are some key points to consider for enhancing environmental protections in the constitution:
Green Amendments
Green Amendments are a powerful tool to safeguard natural resources and ensure environmental justice. These amendments affirm the right of current and future generations to a clean, healthy, and stable environment, including pure water and clean air. They should be included in the Declaration of Rights or Bill of Rights section of the constitution, granting them the highest legal protections. Green Amendments also emphasise the government's responsibility to refrain from actions that degrade the environment and to hold private entities accountable for environmental harm.
Public Trust Doctrine
The public trust doctrine asserts that specific natural resources should be preserved for the public's benefit and enjoyment, rather than exploited for private gain. This doctrine ensures that revenues from natural resource extraction on public land are allocated towards environmental restoration.
Affirmative and Prohibitory Duties
Constitutional provisions should outline affirmative duties to actively protect the environment and prohibitory duties to prevent legislative and executive actions that contribute to environmental degradation. This includes a responsibility to restrain the actions of private entities that harm the environment.
Equitable Protection for All
Amendments should guarantee equitable protection for all people, regardless of race, ethnicity, socio-economic status, or generation. This ensures that marginalised communities, including communities of colour, Indigenous communities, and low-income groups, are not disproportionately affected by poor environmental standards.
Recognition of Government's Public Trust Duties
The constitution should explicitly acknowledge the government's public trust duties, encompassing natural resources and environmental values, and not just publicly-owned land or water resources. This broad definition of the public trust ensures that the government is accountable for preserving natural resources for the benefit of all citizens, including future generations.
State-Level Environmental Rights Amendments
While the US Constitution lacks explicit environmental rights, several states, including Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island, have amended their constitutions to include environmental protections. These state-level amendments empower states to sue companies causing environmental harm and address issues like parental rights and emissions caps.
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Women's rights and equality
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination and guarantee equal rights for women. While the ERA has been introduced in Congress multiple times since 1923, it has not yet been ratified and added to the Constitution. However, in 2025, President Biden declared the ERA as the 28th Amendment, marking a significant step forward in the fight for gender equality.
The ERA seeks to end legal distinctions between men and women in matters such as divorce, property, employment, and other areas. Supporters of the ERA argue that it would empower Congress to address gender inequity through legislation and create a social framework to acknowledge systemic biases that affect women's daily lives. The ERA would also provide a legal framework for defending reproductive rights and preventing sex-based discrimination, impacting how courts decide abortion-related cases based on equality rather than privacy.
Economic inequality is a significant issue in the United States, with women earning less than men, and women of colour facing even wider wage gaps. The ERA could grant the legislative branch the authority to enact protections for economic equality and address issues such as the emerging concern of menstrual equity. Additionally, the ERA would bring the United States into compliance with international law, including the International Covenant on Civil and Political Rights (ICCPR), by guaranteeing protection against gender-based discrimination in its Constitution.
While there is support for the ERA, there has also been opposition. Some argue that it would remove protections from women and make them eligible for the military draft. Others question the relevance of an amendment introduced a century ago, and whether it fully addresses the challenges of inequality today. Despite these concerns, the ERA continues to be a priority for activists and women's rights groups, and its ratification would represent a commitment to gender equality in the United States.
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Term limits for senators/representatives
Term limits for members of Congress have been a topic of discussion and proposed amendments in the United States Constitution. While the Constitution does not currently impose term limits on senators and representatives, there have been efforts to amend it to include such restrictions.
The argument for term limits centres on the belief that it would prevent the perpetuity of office and reduce the influence of career politicians, creating a more equal balance of power among states. Proponents of term limits, such as Jefferson, George Mason, and historian Mercy Otis Warren, argue that periodic rotation in office is essential for preserving a Republican form of government. They suggest that without term limits, bribery and corruption could lead to the perpetuity of office for certain individuals.
Additionally, term limits could result in more seats being filled by experienced state and local legislators, as well as citizens with real-world experience from within the communities they represent. It would also level the "seniority" playing field, making leadership positions more merit-based rather than dependent on political favours.
However, imposing term limits on Congress has faced challenges. Lobbyists oppose term limits as it goes against their interests in lawmakers. Moreover, Congress itself is unlikely to impose term limits, as resolutions in the House and Senate have historically died without progress. Despite this, states have the power to initiate change by calling for an amendment proposal convention specific to term limits, as seen in North Dakota's successful amendment limiting the governor to a maximum of two four-year terms.
To amend the Constitution and include term limits for senators and representatives, a proposal must be passed by a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention requested by two-thirds of the state legislatures. Once proposed, three-fourths of the states must ratify the amendment for it to become part of the Constitution. While a challenging process, it is not impossible, and the discussion around term limits for senators and representatives continues.
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