Isabella Carter
The United States Constitution is a challenging document to amend, with only 27 successful amendments since its adoption. Amendments are proposed by Congress as joint resolutions, bypassing the President, and must be ratified by three-quarters of the states to become law. The most recent amendment, regarding compensation for senators and representatives, was proposed in 1789 and ratified in 1992. Given the lengthy process and the requirement for a broad consensus, there are numerous proposals for amendments that have not yet been adopted. These include enhancing the rights of minorities and women, improving government transparency, and addressing issues of taxation and campaign financing.
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What You'll Learn
Equal rights, opportunity, and privacy
The Equal Protection Clause, part of the Fourteenth Amendment, has been used to argue for equal rights, opportunities, and privacy in the United States Constitution. This amendment, passed in 1868, was intended to prevent states from discriminating against black citizens, extending liberties and rights to formerly enslaved people.
The Fourteenth Amendment has been central to many landmark cases, including Brown v. Board of Education, which helped dismantle racial segregation in education. The amendment's guarantee of "equal protection of the laws" has been used to challenge racial discrimination in schools, as seen in the Texas law school system case, where separate but unequal facilities for black and white students were deemed unconstitutional.
The Equal Protection Clause has also been invoked in cases concerning reproductive rights (Roe v. Wade), election recounts (Bush v. Gore), gender discrimination (Reed v. Reed), and racial quotas in education (University of California v. Bakke). The amendment's interpretation has evolved to include preventing discrimination by the federal government, not just states.
Affirmative action and racial preference programs in college admissions and employment have been contentious issues related to the Equal Protection Clause. While intended to address past racial discrimination, these programs have faced criticism for potentially causing reverse discrimination and increasing racial tensions. Some proponents have suggested "race-neutral" affirmative action, focusing on geographic characteristics instead of race.
The Fourteenth Amendment's broad wording and interpretation by the courts have significantly impacted American constitutionalism, ensuring equal rights, opportunities, and legal protections for all citizens.
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Define reproductive rights
Reproductive rights refer to the human right to reproductive autonomy, encompassing the right to make personal decisions regarding reproductive capacity and one's body without undue government interference. This includes decisions about abortion, contraception, sexual intimacy, and marriage. The 14th Amendment of the US Constitution guarantees multiple interdependent rights, including life, liberty, and equal protection, which together support a broad right to reproductive autonomy.
The landmark 1973 decision of Roe v. Wade interpreted reproductive rights as an extension of the right to privacy under the Ninth Amendment and the Due Process Clause of the Fourteenth Amendment. This decision balanced the interests of the state in the life of the fetus with the interest of the mother in personal autonomy and bodily integrity, finding that the state's interest begins only when the fetus becomes viable, or able to survive independently from the mother. The Court in Roe thus outlawed abortion bans prior to viability and prohibited the government from subordinating the life of the mother to that of the fetus.
However, on June 24, 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ruling that the Constitution does not support a right to abortion and that the power to regulate or prohibit abortion should be returned to the states. This decision has been criticized for undermining decades of jurisprudence about the meaning of liberty and for taking away a fundamental right that generations of American women have relied on.
In response to the Dobbs ruling, there have been calls for the enactment of guarantees to protect the freedom of Americans to make reproductive decisions, particularly impacting the lives of women. State courts and constitutions have also played a crucial role in protecting abortion rights and access, with some states offering stronger legal grounds for these protections than federal law.
Reproductive rights are also closely tied to issues of race and economic inequality. Reproductive oppression has been used as a tool to control and subordinate Black women, people of color, and people living on low incomes, perpetuating stereotypes and second-class status. Courts are expected to address the discriminatory intent and impact of laws and policies that deny equal reproductive autonomy to these marginalized groups.
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Transparency and accountability
To enhance transparency and accountability, the government should proactively disclose information to the public. This includes maintaining official, searchable websites that are easily accessible to all citizens. These websites should provide timely and relevant information about the government's operations and decisions. By utilizing new technologies, the government can ensure that information is readily available online, fulfilling its obligation to keep citizens informed.
The Obama administration, for instance, emphasized the importance of transparency and open government. They recognized that transparency strengthens democracy and promotes efficiency. To achieve this, executive departments and agencies were directed to develop recommendations for an Open Government Directive, which instructed them to take specific actions to implement transparent practices.
Additionally, strong transparency laws are necessary to protect the First Amendment right to freedom of speech and ensure that the voices of citizens are not drowned out by the influence of wealthy special interest groups. The Transparency and Government Accountability Act, proposed by the American Legislative Exchange Council, aims to address these concerns by mandating that state governments actively disclose certain information to the public.
In conclusion, transparency and accountability are vital for a functioning democracy. By proactively disclosing information, utilizing technology, and implementing strong transparency laws, the government can ensure that citizens have the knowledge they need to hold their representatives accountable and participate fully in the democratic process.
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Right to peaceful protest
The right to peaceful protest is protected by the First Amendment of the U.S. Constitution, which states that "Congress shall make no law [...] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment was adopted in 1791 as part of the Bill of Rights, which curtailed governmental authority and championed personal freedoms.
While the right to peaceful protest is guaranteed, it is not absolute and is subject to certain limitations. The Supreme Court has ruled that time, place, and manner restrictions on protests are generally constitutional, as long as they are content-neutral, narrowly tailored to serve a significant governmental interest, and do not impede alternative channels for communication. For example, protests that are accompanied by violence and intimidation can be lawfully stopped by the government. Additionally, while a permit is not required to march on sidewalks or streets, certain types of events may require permits and advance notice.
It is important to note that counterprotesters also have free speech rights, and police must treat both protesters and counterprotesters equally. Protesters have the right to photograph anything in plain view, including federal buildings and the police, as long as they are lawfully present in a public space. On private property, the owner may set rules related to photography and speech.
Protesters should be aware of their rights and the potential consequences of their actions. Many people arrested during protests are never charged and are released without going to court, but it is still important to understand the legal boundaries of peaceful protest to avoid arrest or violation of rights. Attorneys and organizations like the American Civil Liberties Union (ACLU) can provide legal assistance and help enforce protesters' rights.
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Protection against tax increases
The 16th Amendment to the U.S. Constitution, ratified in 1913, established Congress's right to impose a federal income tax. This amendment overturned the 1894 Supreme Court decision that had struck down a 2% tax on income over $4,000, with the Court ruling that income taxes were not considered "direct" taxes. The 16th Amendment grants Congress the power to “lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
While the 16th Amendment settled the constitutional question of how to tax income, there have been disputes and legal challenges regarding its interpretation and applicability. Some of these disputes include arguments that the amendment was not properly ratified, that it does not authorise a direct non-apportioned federal income tax on citizens, and that it violates constitutional protections such as the Fifth Amendment's prohibition against the government taking property without due process.
The interpretation of what constitutes "income" and what is considered "derived from a source" has been subject to debate. The Supreme Court's modern understanding of "gross income" includes accessions to wealth over which taxpayers have complete dominion, such as wages, benefits, bonuses, and profits from sales. However, a mere increase in value is not considered taxable income for individuals, while for entities like corporations, it may be subject to excise taxes.
Despite the broad taxing power granted to Congress, there are important limitations and restrictions. For example, exported goods from any state are exempt from taxation, and direct taxes must be levied according to the rule of apportionment, while indirect taxes follow the rule of uniformity. Additionally, the taxing power must be exercised for the "general welfare," as suggested by Article One, Section Eight of the Constitution.
In conclusion, while the 16th Amendment provided the legal basis for federal income taxation, it has been the subject of ongoing interpretation, disputes, and challenges. The power to tax is essential for a government to function and carry out its responsibilities, but it must be exercised within constitutional boundaries and with consideration for the welfare of the citizens.
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Frequently asked questions
An amendment that adds additional layers of transparency and accountability, perhaps through a required website that displays and tracks government spending.
An amendment that ensures equal rights, opportunity, and privacy for all.
An amendment that introduces term limits for Congress and abolishes the electoral college.
An amendment that defines and protects reproductive rights, strengthens civil rights, and ensures mental health checks for firearms.
