Simone Lawson
The US Constitution is a set of instructions that outline the organizations, authorities, and limitations on government activities. Only a governmental entity can violate the Constitution, or an individual who is exercising responsibility for that governmental entity. There is a lack of accountability for those who violate the Constitution, and it is often seen as 'intellectually fashionable'. While Congressmen and heads of agencies are not held accountable for introducing or supporting laws that are later deemed unconstitutional, individuals are still deprived of their constitutional rights. For example, in the case of Almighty Supreme Born Allah, qualified immunity was used to defeat a lawsuit brought against the government for violating Allah's constitutional rights. The punishment for organizations that violate the US Constitution is not always clear, and it is often left to the courts to decide. In some cases, organizations may face fines or imprisonment, while in other cases, there may be no public accountability or embarrassment for violating the Constitution.
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What You'll Learn
Only government entities can violate the US Constitution
The US Constitution is a set of instructions about the organizations, authorities, and limitations on government activities. Only a governmental entity can violate the US Constitution, or indirectly, an individual exercising responsibility for that governmental entity. Private citizens, businesses, and organizations cannot violate the Constitution.
However, the government can violate the Constitution in a way that harms individuals. For example, the government can violate the First Amendment, the Bill of Rights, and the 14th Amendment. Every year, the Supreme Court rules that various laws and regulations are unconstitutional, yet there is a lack of accountability for those responsible for their creation. Congressmen are not held accountable for introducing or voting for laws later found to be unconstitutional. Similarly, heads of agencies or commissioners are not held accountable for implementing rules that are later deemed unconstitutional or for using taxpayer money to litigate these issues.
When government entities lose constitutional cases in court, they often appeal the decision instead of expressing contrition for violating the Constitution. This lack of accountability and fashionability of violating the Constitution have led to a culture of impunity.
While the Constitution does not apply to private citizens, businesses, and organizations, it is important to note that private entities can still infringe on individuals' constitutional rights. For example, a private school can suspend students for criticizing school policies, and a private business can fire employees for expressing political views on the job. However, these actions are not considered violations of the Constitution.
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Violation of the First Amendment
The First Amendment to the United States Constitution guarantees citizens some of their most important liberties, including freedom of speech, freedom of expression, and freedom of religion. It applies only to governmental action and governmental entities can violate it, or individuals exercising responsibility for that entity.
The First Amendment protects citizens from being compelled by the government to say or pay for certain speech. For example, in West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that school children could not be punished for refusing to say the pledge of allegiance or salute the flag. The Court also struck down a federal law barring flag burning in United States v. Eichman (1990). The First Amendment also protects citizens from government interference with their religious practices and beliefs.
Despite these protections, violations of the First Amendment do occur. For example, during World War I and the First Red Scare, the Espionage Act of 1917 imposed a maximum sentence of twenty years for anyone who caused or attempted to cause "insubordination, disloyalty, mutiny, or refusal of duty" in the military. Hundreds of prosecutions followed, and in 1919, the Supreme Court heard four appeals, including Schenck v. United States, where the appellant had been convicted under the Espionage Act for publishing leaflets urging resistance to the draft, in violation of the Free Speech Clause of the First Amendment.
In terms of punishment, there is no specific penalty for violating the First Amendment. Public servants have immunity for liability in their performance of public functions, and this immunity often turns into impunity when it comes to constitutional violations. However, individuals can seek punitive damages from the specific government actors who engaged in the violation, to punish them and deter future violations. In some cases, a court order may be sought to stop the government from continuing misconduct.
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Lack of accountability for violating the Constitution
The US Constitution is a set of instructions outlining the organizations, authorities, and limitations on government activities. Only a governmental entity or an individual exercising responsibility for that entity can violate the Constitution.
There is a perceived lack of accountability for violating the Constitution. When the Commission loses constitutional cases in court, there are no public apologies or embarrassment. Instead, the immediate response is often to appeal the decision and issue press statements expressing outrage at the court. Congressmen are not held accountable for introducing or voting for laws later deemed unconstitutional, nor are heads of agencies or commissioners for implementing unconstitutional rules. There is also no accountability for spending taxpayer money on litigation to defend unconstitutional laws or rules.
The Supreme Court often rules that various laws and regulations are unconstitutional, yet those responsible for their creation are not publicly known or held accountable. This lack of accountability extends to the use of taxpayer money, as government lawyers are paid to defend and appeal unconstitutional laws.
While there are statutes in place to protect civil rights and punish deprivation of rights secured by the Constitution, the focus seems to be on individual accountability rather than that of organizations. For example, the Federal Bureau of Investigation's (FBI) Federal Civil Rights Statutes make it a crime for any person acting under the color of law to willfully deprive another person of their constitutional rights. Punishment for violating these statutes includes fines, imprisonment, or both, with the severity depending on the circumstances and any resulting injuries or death. However, these statutes appear to target individuals rather than organizations, as they refer to "any person" acting under the color of law.
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Qualified immunity undermines constitutional rights
Qualified immunity is a type of legal immunity that protects government officials from civil lawsuits alleging that the official violated the plaintiff's rights. It applies to all government workers, whether local, state, or federal, including police officers, mayors, governors, medical board inspectors, prison guards, school administrators, and IRS agents. This immunity does not protect officials from criminal prosecution, but civil lawsuits are often the only means for individuals to seek justice and compensation for the violation of their constitutional rights.
While qualified immunity is intended to balance the need to hold public officials accountable for irresponsible actions and shield them from harassment when they perform their duties reasonably, it has come under scrutiny for undermining constitutional rights. In practice, it can shield government officials from accountability for unlawful or unconstitutional acts, even when they knowingly violate the law or act with "pure intention." This immunity can make it difficult for individuals to enforce their constitutional rights and hold government workers accountable for their actions.
For example, in the case of Anderson v. Creighton, the Supreme Court held that an FBI officer who conducted a warrantless search that violated the Fourth Amendment was entitled to qualified immunity because a reasonable officer could have believed the search was lawful. Cases like this illustrate how qualified immunity can protect government officials even when they violate constitutional rights, as long as they can claim they acted reasonably or in good faith.
To address qualified immunity undermining constitutional rights, some argue for ending qualified immunity altogether. Others suggest reforms such as allowing qualified immunity only for officials who acted in good faith and with a reasonable interpretation of the law or requiring governments to take more responsibility for the actions of their employees by increasing oversight and accountability measures.
Qualified immunity, as it stands, can create a lack of accountability for government officials who violate constitutional rights. By granting immunity to officials who act with a reasonable interpretation of the law, even if that interpretation is incorrect, qualified immunity can make it challenging for individuals to seek justice and uphold their constitutional rights. Reforms are needed to ensure a better balance between protecting government officials from harassment and holding them accountable for irresponsible or unlawful actions.
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Punishment for violating constitutional rights
Only a governmental entity can violate the US Constitution, or indirectly, an individual exercising responsibility for that governmental entity. Private citizens cannot violate the Constitution.
There is a lack of accountability for anyone who takes actions to violate the constitution. Congressmen are not held accountable for having introduced or voted for laws later found to be unconstitutional. Heads of agencies or commissioners are not accountable for the rules they implement that are found to be unconstitutional.
However, punishment for violating constitutional rights varies. It ranges from a fine of up to $1,000 or imprisonment of up to one year, or both. If bodily injury results, the punishment is a fine of up to $10,000 or imprisonment of up to ten years, or both. If death results, the punishment is imprisonment for any term of years or for life, or the death penalty. If such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, the punishment is a fine and imprisonment for any term of years or for life, or both, or the death penalty.
Additionally, if two or more persons conspire to violate constitutional rights, each of them shall be punished as provided in the relevant subsection. If one or more such persons do any act to effect the object of the conspiracy, they shall be fined or imprisoned for not more than ten years, or both.
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Frequently asked questions
Only a governmental entity can violate the US Constitution, or indirectly, an individual exercising responsibility for that governmental entity.
There is a lack of accountability and a doctrine of qualified immunity that undermines constitutional rights. In some cases, individuals are deprived of their constitutional rights, and those responsible are not held accountable.
There is no specific mention of punishment for organizations that violate the US Constitution. However, individuals who conspire or aid in such violations may face fines, imprisonment of up to ten years, or both.
Some examples include unreasonable searches and seizures, cruel and unusual punishment, racial discrimination, and excessive force by police, particularly against people of color. Other examples include misleading defendants about their rights, self-incrimination, and violations of the First Amendment.
