Omar Bennett
The United States Constitution is a foundational document that outlines the country's governing principles and structures. While it has been amended numerous times to address issues of inequality and injustice, some critics argue that certain sections of the original document and its amendments are problematic. One of the most contentious aspects is the Three-Fifths Compromise, which was a sectional interest balance that has been criticised for its racist implications. The Constitution has also been criticised for its original endorsement of slavery and failure to guarantee universal citizenship, particularly for people of African descent, as evidenced by the Supreme Court's interpretation in Dred Scott v. Sandford (1857). Furthermore, the Electoral College system, modified by the Twelfth Amendment, has faced scrutiny for its role in presidential elections, with critics arguing that it undermines the principle of one person, one vote. These criticisms highlight areas where the Constitution has fallen short of its ideals and prompted ongoing debates about the need for further reform to ensure a more equitable and just society.
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What You'll Learn
The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to increase the number of Representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the slave populations in slave states, as those slaves had no voting rights. The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney, counting three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This effectively gave the Southern states more power in the House relative to the North.
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Voting rights and poll taxes
Poll taxes, or taxes of a fixed amount levied on every liable individual regardless of their income, have been a significant source of funding for the American government. However, they have also been criticised as a tool of disenfranchisement, particularly during the Jim Crow era in the South.
Following the enactment of the Fifteenth Amendment, which granted all American men the right to vote regardless of race, several southern states imposed poll taxes as a means of restricting voting rights, particularly for African Americans. These taxes, often coupled with complex record-keeping requirements, created a financial barrier for many low-income citizens, effectively excluding them from the political process.
In states like Florida, Alabama, Tennessee, Arkansas, Louisiana, Mississippi, Georgia, North and South Carolina, Virginia, and Texas, proof of payment of a poll tax was required for voter registration. The amount of these taxes varied, ranging from $1 in Georgia to $1.50 to $1.75 in Texas, which was considered a significant sum at the time. These taxes disproportionately impacted African Americans and poor citizens, impeding their ability to participate in elections.
The use of poll taxes as a prerequisite for voting was challenged in court. In 1937, the United States Supreme Court, in Breedlove v. Suttles, upheld the constitutionality of poll taxes. However, a wave of criticism emerged during the Roosevelt Administration, and the Twenty-fourth Amendment, ratified in 1964, abolished the use of poll taxes in federal elections. The Voting Rights Act of 1965 further clarified and enforced the elimination of poll taxes nationwide, and in 1966, the Supreme Court reversed its earlier decision, ruling that poll taxes in all elections violated the Equal Protection Clause of the Fourteenth Amendment.
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Amendments and their limits
The Constitution of the United States includes 27 amendments that have been adopted under Article V. One of the most significant amendments is the Fourteenth Amendment, which states that "All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State wherein they reside." This amendment repudiated the Supreme Court's decision in Dred Scott v. Sandford, which interpreted the Constitution as excluding people of African descent from citizenship based on their race. However, it is important to note that the Fourteenth Amendment has not been interpreted to extend citizenship universally to everyone born in the United States.
Another important amendment is the Twelfth Amendment (1804), which modifies the process by which the Electoral College chooses the president and vice president. It requires each elector to cast separate votes for president and vice president, instead of two votes for president. It also suggests that the president and vice president should not be from the same state.
The Twenty-sixth Amendment (1971) is also noteworthy, as it prohibits the government from denying the right to vote to United States citizens aged 18 or older based on age. This amendment was driven by student activism against the Vietnam War and the Supreme Court's decision in Oregon v. Mitchell (1970).
While amendments can bring about important changes, they are subject to certain limits. For example, no amendment made before 1808 could affect the first and fourth clauses of the Ninth Section of the First Article. Additionally, no state can be deprived of its equal suffrage in the Senate without its consent. These limitations highlight the complex nature of amending the Constitution and the need to balance the interests of different states and sections of society.
In conclusion, while the amendments to the Constitution have played a crucial role in shaping the country's political and social landscape, they are subject to certain constraints. These limitations underscore the delicate balance between the need for change and the preservation of fundamental principles enshrined in the Constitution.
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Citizenship and race
The United States Constitution has had a complex relationship with race, particularly in relation to citizenship. The Fourteenth Amendment, which states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside," was a significant step towards racial equality. This amendment repudiated the Supreme Court's decision in Dred Scott v. Sandford, which had interpreted the Constitution as excluding people of African descent from citizenship solely based on their race.
However, the Fourteenth Amendment has also been criticised for not guaranteeing universal citizenship to everyone born within the United States. The amendment excludes those who are "subject to a foreign power" and "Indians not taxed," and it has been interpreted to allow for various forms of discrimination based on race and birth. For example, the Civil Rights Act of 1866, which was passed in response to discriminatory "Black Codes," affirmed birthright citizenship but did not address political rights, including voting.
The interpretation and implementation of citizenship laws have also been influenced by racial biases. Poll taxes, literacy tests, and residency requirements were often used to prevent low-income and African American citizens from participating in elections. Additionally, the Supreme Court has historically excluded certain groups from citizenship, such as freed slaves, based on interpretations of the Constitution that privileged white citizens.
While the Fifteenth Amendment explicitly addresses race and voting rights, the broader implications of citizenship laws and amendments have had a significant impact on racial equality in the United States. The concept of birth equality, as mentioned in the Fourteenth Amendment, condemns racial caste systems and birth-based hierarchies. However, the exclusion of certain groups from birthright citizenship and the persistence of discriminatory laws highlight the ongoing struggle for racial equality within the framework of the Constitution.
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Powers of Congress
Article I, Section 8 of the US Constitution outlines the powers of Congress. It grants Congress the power to lay and collect taxes, duties, imposts, and excises to fund the government and provide for the common defence and general welfare of the nation. This section also empowers Congress to regulate commerce with foreign nations, Native American tribes, and among the states. Additionally, Congress has the authority to establish uniform rules for naturalization and bankruptcy laws across the country.
Article I, Section 8 also addresses Congress's role in military affairs. It grants Congress the power to raise and support armies, organise and govern militias, and provide for their discipline. Congress also has the authority to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Furthermore, this section grants Congress the power to promote the progress of science and useful arts by securing intellectual property rights for authors and inventors. Congress is also empowered to define and punish counterfeiting, piracy, and felonies committed on the high seas, as well as offences against the law of nations.
In terms of governance, Article I, Section 8 gives Congress the authority to exercise exclusive legislation over the district that is the seat of the US government, as well as over places purchased with the consent of the state legislature for the erection of forts, arsenals, and other necessary buildings. Congress also has the power to make laws necessary for carrying into execution the powers vested in the government by the Constitution.
Additionally, Article I grants Congress the power to assemble at least once a year and outlines the rules for their meetings, including quorum requirements, disciplinary procedures, and the keeping of a journal of their proceedings. It also stipulates that each House shall be the judge of the elections, returns, and qualifications of its members. Congress also has the power to make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives, with certain exceptions. Article I also specifies that Congress consists of a Senate and a House of Representatives, with Representatives being chosen every second year by the people of the states. Furthermore, Congress has the authority to admit new states into the Union and make rules and regulations respecting the territory and property of the United States.
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Frequently asked questions
While the American Constitution has been amended several times to address discriminatory measures, some critics argue that the worst section is the original text, which includes compromises and concessions that were made during the founding of the nation.
One example is the Three-Fifths Compromise, which was a sectional interest-balancing compromise that counted slaves as three-fifths of a person for representation and taxation purposes. Another is the Electoral College, which originally allowed electors to cast two votes for president, potentially allowing for the president and vice president to be from the same state.
Over time, the Constitution has been amended to address discriminatory measures. For example, the Twenty-sixth Amendment (1971) prohibits the government from denying the right of United States citizens, eighteen years of age or older, to vote based on age. The Fourteenth Amendment also repudiated the Supreme Court's decision in *Dred Scott v. Sandford*, which misinterpreted the Constitution as excluding people of African descent from eligibility for citizenship based on their race.
According to Article V of the Constitution, the Congress or the Legislatures of two-thirds of the states can propose amendments. These amendments must then be ratified by the Legislatures of three-fourths of the states or by conventions in three-fourths of the states.
