Omar Bennett
The United States Constitution is a living document that has been amended several times since its inception, with the authority to do so derived from Article V of the Constitution. The process of amending the Constitution is a complex one, involving proposals by Congress or state legislatures, followed by ratification by a specified number of states. While the Constitution has stood the test of time, there are ongoing discussions about what else needs to be added to ensure it remains relevant and reflective of societal changes. Suggestions range from increased transparency and accountability in government spending to addressing issues like gun control, taxation, and equal rights.
| Characteristics | Values |
|---|---|
| Mental health check for firearms | Needed |
| Include those whose voices aren't heard | Needed |
| Protection against the government increasing taxes | Needed |
| Modernize | Needed |
| Allow more equality within society | Needed |
| Equal rights, opportunity, and privacy | Needed |
| Make abortion a human right | Needed |
| Males cannot create laws about abortions | Needed |
| Additional layers of transparency and accountability | Needed |
| Full vote on every piece of legislation | Needed |
| Citizen panel to determine constitutionality | Needed |
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What You'll Learn
Transparency and accountability
To ensure transparency, governments should utilise technology to make information readily available to the public. Official websites can be used to disclose information in a timely and accessible manner. Additionally, journalists play a crucial role in seeking out information of public interest and holding governments accountable through investigative journalism and freedom of the press.
Accountability refers to the responsibility of government officials, whether elected, appointed, or hired, to serve the needs of the people and prevent corruption. This includes the separation of powers, where each branch of government has checks and balances to prevent the abuse of power by another branch. Democracies often confront abuses of power, such as misuse of authority, extra-constitutional means, and serving personal or foreign interests, through instruments like free media, legislative and legal investigations, an independent judiciary, and public pressure.
To enhance accountability, measures such as anti-corruption statutes, ethical rules, and whistleblower protections can be implemented. Whistleblowers are individuals within the government who expose illegality, violations, or malfeasance to the public, and they require protection to encourage the disclosure of wrongdoing. Additionally, free and fair elections enable citizens to hold their elected representatives accountable by granting or withdrawing their mandate.
Overall, transparency and accountability strengthen democracy by empowering citizens with information, ensuring government officials act in the public's best interest, and providing mechanisms to address abuses of power. These principles should be enshrined in the constitution to uphold the values of democratic governance.
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Modernisation
The US Constitution is the country's founding document and is considered the "supreme law of the land". It sets out the nation's values and principles and is meant to safeguard liberty. However, critics argue that it is outdated and in need of modernisation.
The Constitution can only be changed through a formal amendment process, which is deliberately difficult. Amendments are rare, and there have only been 27 in over 230 years. The process requires supermajority approval in Congress and the states. Congress proposes an amendment in the form of a joint resolution, which is then forwarded to the National Archives and Records Administration (NARA) for processing and publication. The Archivist of the United States then administers the ratification process, which requires approval from three-fourths of the States (38 out of 50).
Despite the challenges, there have been four waves of change to the Constitution, spurred by social movements and visionary leaders. Previous generations have made the Constitution more democratic and inclusive, lowering the voting age to 18 and granting women the right to vote.
Today, there are calls for further modernisation to address issues such as gun control, abortion rights, equality, privacy, and mental health. Some argue for a whole new constitutional convention to create a more perfect union. However, in the current political climate, there is a sense of futility and reform seems unlikely. Conservative activists have launched campaigns to curtail federal government power, and progressive reformers are hesitant to make changes.
Modernising the Constitution is a complex and contentious issue. While some advocate for reform to address modern challenges, others argue that the document's stability and permanence are essential.
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Equality within society
However, despite these constitutional guarantees, societal discrimination and inequality persisted, particularly in education, employment, and legal protections. The Equal Protection Clause, found in the 14th Amendment, has been a powerful tool in addressing these issues. This clause mandates equal treatment under the law for individuals in similar situations, regardless of race, colour, or national origin. Landmark cases such as Brown v. Board of Education and Loving v. Virginia have helped dismantle government-imposed segregation and prohibited racial discrimination in interracial marriages.
While the Equal Protection Clause has been effective in addressing racial discrimination, it has also sparked debates about affirmative action and racial preference programs. Some argue that these programs, intended to redress past discrimination, have inadvertently bred racial tensions and stigmatized the intended beneficiaries. On the other hand, supporters of affirmative action highlight the need to spread opportunities more equally throughout society, especially for historically marginalized groups.
To further promote equality within society, the Constitution should continue to be interpreted and applied in a manner that ensures equal treatment under the law for all citizens. This includes addressing disparate-impact liability, where differences in outcomes among different groups are presumed to be discriminatory, even without any discriminatory intent. By focusing on equal opportunity and merit, rather than equal outcomes, the Constitution can empower individuals to achieve success based on their strengths, efforts, and achievements, regardless of their race, gender, or other immutable characteristics.
In conclusion, the United States Constitution has laid the foundation for equality within society by guaranteeing equal protection under the law. The 14th Amendment and the Equal Protection Clause have been instrumental in addressing racial discrimination and promoting equal treatment. Ongoing debates about affirmative action and disparate-impact liability highlight the complexities of achieving true equality. By upholding the principles of meritocracy and equal opportunity, the Constitution can continue to foster a society where all citizens are treated fairly and have the chance to pursue their version of the American Dream.
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Protection against tax increases
The power to tax is essential for a government to function effectively. Without taxes, a government cannot pay for policing, defence, or the regulation of commerce. The U.S. Constitution grants Congress the power to lay and collect taxes, with certain limitations.
The Constitution's original Taxing Clause in Article I gives Congress the authority to "lay and collect Taxes, Duties, Imports, and Excises". The Sixteenth Amendment, ratified in 1913, further established Congress's right to impose a federal income tax, without having to determine it based on population. This amendment was proposed by President William H. Taft and supported by Theodore Roosevelt, as a way to fund the country's growing political and military power.
Despite these powers, there are protections in place to prevent arbitrary tax increases. The Constitution's limitations on taxing powers include the requirement that taxes be imposed "for the general welfare", which restricts spending power. Additionally, the Equal Protection Clause and the Due Process Clause provide some safeguards against unfair taxation.
Some individuals and groups have argued for further protections, claiming that the IRS's powers violate the Fourth Amendment's protections against unreasonable searches and seizures, and that taxpayers should be able to refuse to pay taxes on religious or moral grounds, citing the First Amendment. However, courts have generally upheld the constitutionality of the income tax, and rejected arguments based on religious freedom.
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Right to mental health check for firearms
The right to a mental health check for firearms is a critical aspect of ensuring public safety and preventing tragic incidents of gun violence. While federal law prohibits the sale of firearms to certain individuals with a history of mental illness, the current system falls short of effectively preventing individuals experiencing mental health crises from obtaining firearms. This loophole poses a significant risk to public safety and has been highlighted in the wake of devastating mass shootings.
To address this issue, it is imperative to advocate for comprehensive mental health checks as a fundamental right in the Constitution. This right would ensure that individuals seeking to purchase firearms undergo rigorous mental health evaluations to determine their suitability. By identifying individuals who may pose a threat to themselves or others, we can prevent firearms from falling into the wrong hands.
The proposed amendment would establish a standardized mental health evaluation process for firearm ownership, applicable across all states. This evaluation would be conducted by licensed mental health professionals, ensuring the privacy and confidentiality of individuals' medical information. The evaluation would assess individuals' mental health history, current state, and potential risk factors associated with firearm ownership.
Furthermore, the amendment would mandate that all states comply with reporting requirements, submitting relevant mental health records to the federal background check system. This comprehensive reporting system would enable accurate identification of individuals prohibited from firearm possession due to mental health concerns. By closing the existing loopholes, we can ensure that licensed dealers and law enforcement have access to complete and accurate information during background checks.
The right to a mental health check for firearms is not intended to stigmatize or infringe upon the rights of individuals with mental health issues. Instead, it aims to prioritize public safety and prevent firearms from being accessed by individuals who may pose a danger to themselves or their communities. By implementing this constitutional right, we can take a significant step towards reducing gun violence and fostering a safer environment for all citizens.
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Frequently asked questions
Some popular suggestions include:
- Adding additional layers of transparency and accountability, perhaps through a website that displays and tracks government spending.
- Making abortion a human right.
- Ensuring that males cannot create laws about abortions.
- Allowing more equality within society.
- Protecting against the government increasing taxes.
- Making food, shelter, peace, and equal rights human rights.
Some people have suggested that the process of amending the US Constitution is too slow and cumbersome. Some possible improvements include:
- Requiring every piece of legislation that is proposed to get a full vote in the body it was introduced, with no exceptions.
- Having every elected official vote every time.
- Requiring that any regulation passed by the federal government that results in a cost be approved by both houses of Congress and signed into effect by the President.
Some people argue that the US Constitution is a sacred document that should not be changed. They believe that it is inspired by God and needs no modification. Others argue that the lack of changes to the Constitution is a sign of the strength and stability of the federal government and the citizenry.
One specific suggestion is to add an amendment that explicitly guarantees equal rights, opportunity, and privacy for all citizens, regardless of age, race, gender, or other factors. This could include explicit protections against discrimination and ensure that all citizens have the right to vote.
