Current Constitutional Issues: What's Happening Now?

The constitution is a set of laws, policies, and decisions that determine how a society operates. It is meant to uphold the values of liberty, equality, and individualism. However, in recent times, there has been a decline in global freedom, and countries are struggling to uphold these values for their citizens. This is evident in the United States, where constitutional issues such as voting rights, religious freedom, healthcare, immigration, and political corruption have come to the forefront of political debates. These issues are complex and often polarizing, with reasonable Americans finding themselves trapped between zealots on both sides. As the country navigates these challenging issues, it is essential to protect the foundations of democracy and ensure that the constitution serves the public good.

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Voting rights and accessibility

One significant issue is the accessibility of voting for people with disabilities. According to the Center for Disease Control (CDC), about one in four American adults has a disability, including impairments in hearing, vision, cognition, and mobility. Restrictive voting laws enacted by some states have been criticized for disenfranchising voters with disabilities. For example, laws that criminalize absentee ballot assistance and restrict access to vote-by-mail can pose significant challenges for individuals with disabilities. In 2024, the Campaign Legal Center (CLC) sued Alabama over its SB 1 law, which penalized assisting voters in obtaining absentee ballots, disproportionately impacting voters with disabilities. Similarly, CLC has represented disability rights organizations and individuals in lawsuits against states like North Dakota and New York to ensure that validly cast mail ballots were counted, addressing issues such as unreliable signature match processes that disproportionately affected voters with mobility disabilities.

Another issue related to voting rights is the protection of minority voters' rights. The Voting Rights Act of 1965 was intended to provide minority voters with equal opportunities. However, ongoing debates and legal cases, such as Merrill v. Milligan, continue to address whether this Act should apply to recent congressional redistricting in states like Alabama.

Furthermore, election integrity and security have come under scrutiny. There is a focus on preventing foreign interference and ensuring voting methods produce verifiable records to protect against fraud and mistakes. The White House has emphasized enforcing citizenship requirements and improving the security of voting equipment and systems. However, critics argue that expanded government surveillance powers in the name of national security, such as through the USA PATRIOT Act, infringe upon individual privacy and civil liberties.

Civil liberties and rights

The First Amendment, part of the Bill of Rights, guarantees several civil liberties, including freedom of speech, freedom of religion, freedom of the press, and the right to assemble and petition. The Ninth Amendment further emphasises that the listing of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Fourteenth Amendment, added after the Civil War, protects citizens from violations of their rights and liberties by state governments and includes the due process clause, which serves as the basis for civil liberties.

Civil rights, as distinguished from civil liberties, concern the right to be free from unequal treatment and discrimination based on protected characteristics such as race, gender, or national origin. They are established by federal laws and statutes and are often associated with protecting minority groups. Examples of civil rights laws include the Civil Rights Act of 1964 and the Voting Rights Act of 1965, which arose from the Civil Rights Movement.

The protection of civil liberties and civil rights is a fundamental political value in American society. However, there have been times when national security concerns have taken precedence over individual liberties, such as in the wake of the 9/11 attacks, when the Bush and Obama administrations detained suspected terrorists and sought to avoid civilian court trials.

The expansion of civil liberties and rights has been a continuous process, with Supreme Court cases in the mid-20th to early 21st centuries reflecting a shift towards defending the rights of all people, regardless of race, gender, or sexuality. For example, in Griswold v. Connecticut (1965), the Court recognised a "right to privacy" that protected individuals from government intrusion in their personal reproductive decisions, paving the way for the legalisation of contraception and, later, abortion. However, more recently, in Dobbs v. Jackson Women's Health Organization (2022), the Court overturned Roe v. Wade, holding that there is no constitutional right to abortion as it is not explicitly mentioned in the text of the Constitution.

Religious freedom

The interpretation and application of religious freedom have been the subject of numerous Supreme Court cases, with some arguing that recent decisions, while heading in the right direction, have been too narrow in scope, leaving questions about religious freedom unresolved. For example, the Masterpiece Cakeshop and Fulton v. Philadelphia cases have been criticised for not fully resolving the conflict between the free exercise of religion and the establishment clause, which prohibits the government from establishing a religion.

The issue of religious freedom is complex and multifaceted, and it intersects with various other constitutional rights and principles. For instance, it raises questions about the separation of church and state, as seen in the case of O'Hair v. NASA, where an atheist taxpayer sued NASA for instructing astronauts to read from the Bible, alleging it was a violation of the separation of church and state. The court dismissed the suit, arguing that O'Hair was not coerced to participate in the religious activity.

Furthermore, religious freedom can come into conflict with other individual rights and liberties, such as freedom of speech and equality. For example, the issue of whether religious organisations should be exempt from anti-discrimination laws that conflict with their religious beliefs, as seen in the "ministerial exemption" cases, is a contentious topic.

Overall, religious freedom is a dynamic and evolving area of constitutional law, with ongoing debates and court cases shaping the understanding and application of this fundamental right.

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Healthcare reform

The United States Constitution does not explicitly mention a right to healthcare, and the Supreme Court has never interpreted it as guaranteeing healthcare services for those who cannot afford them. However, Congress has enacted statutes like Medicare, Medicaid, and the Children's Health Insurance Program, which provide specific rights to receive healthcare services from the government. In 2010, Congress also passed the Affordable Care Act (ACA), a comprehensive healthcare reform law that includes a mandate for individuals to purchase health insurance. This act has faced legal challenges from some State Attorneys General, who argue that it infringes on state rights, but these challenges have been largely symbolic and politically motivated.

The debate around healthcare reform extends beyond legal and political realms, as some view healthcare as a moral right. Congresswoman Betty McCollum, for instance, introduced an amendment to the U.S. Constitution in 2019, known as the Health Care for All Amendment, aiming to make healthcare a fundamental right for all Americans. This amendment asserts that healthcare is necessary to ensure the nation's strength and gives Congress the power to enforce and implement legislation to guarantee this right. McCollum's statement highlights the issue of profit-driven healthcare, arguing that ensuring access to quality healthcare should be a constitutional right, especially given the high medical debt that often drives Americans into bankruptcy.

Immigration reform

The US Constitution and the Bill of Rights provide fundamental constitutional protections of due process and equal protection to everyone, including immigrants, regardless of their immigration status. The American Civil Liberties Union (ACLU) has been working to defend and preserve these rights for immigrants, challenging laws that deny access to courts, impose mandatory detention, and discriminate based on nationality. They have also contested unconstitutional enforcement tactics by federal and local agencies, such as "show me your papers" laws, which require individuals to prove their citizenship or immigration status.

The rights of immigrants intersect with national security concerns, as highlighted in the "Protecting the American People Against Invasion" order issued by the White House. This order emphasizes the importance of enforcing immigration laws to safeguard national security and public safety, addressing the presence of "illegal aliens" and their alleged involvement in criminal and hostile activities. However, critics argue that expanded surveillance powers and the infringement of privacy rights can occur in the name of national security.

The Supreme Court plays a pivotal role in addressing contemporary challenges through constitutional interpretation. For example, the Court has considered cases related to birthright citizenship and the Fourth Amendment's relevance to immigration searches and seizures. The power of judicial review enables the Supreme Court to invalidate laws and executive actions deemed unconstitutional, shaping the nation's legal landscape and reaffirming the Constitution's supremacy.

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