Cecily Zamora
The US Constitution has been amended 27 times since its ratification in 1788, with the first 10 amendments, known as the Bill of Rights, addressing key issues such as freedom of speech, religion, and individual liberties. While the Constitution provides a framework for governing, some argue that it should be amended to reflect modern society's needs and values. Suggestions for amendments include giving non-US citizens the right to be president, mandatory maternity leave, and abolishing the electoral college. The process of amending the Constitution is outlined in Article V, which empowers Congress to propose amendments with a two-thirds majority vote in both houses. Once proposed, the Archivist of the United States administers the ratification process, which requires approval from three-fourths of the states.
| Characteristics | Values |
|---|---|
| Transparency in government | Transparency throughout the entire government |
| Voting rights | Giving everyone the right to vote |
| Voting age | Change voting age to 21 |
| Term limits | Congress can only serve two terms |
| Supreme Court term limits | Supreme Court should have limited terms |
| Electoral college | Get rid of the electoral college |
| Reproductive rights | Define the reproductive rights of women |
| Civil rights | Fortify the civil rights of all |
| Equality | Give equality to all |
| Healthcare | Universal healthcare for all U.S. citizens |
| Tax | Reform the U.S. Tax Code |
| Immigration | Abolishment of taxes for Washington D.C. |
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What You'll Learn
Voting rights for felons
The right to vote for people with felony convictions is a contentious issue in the United States. Critics of felony disenfranchisement laws argue that they disproportionately affect minorities and are linked to racial discrimination. In some states, legislators have been accused of tailoring felony voting bans to specifically target African Americans. For example, by banning those with minor crimes more common among these citizens while allowing felons who committed more serious crimes to vote.
The United States Commission on Civil Rights, The Lawyers‘ Committee for Civil Rights Under Law, and The Sentencing Project, among others, argue that Section 2 of the 14th Amendment does not endorse felony disenfranchisement statutes as constitutional in light of the equal protection clause. They argue that a state's crime disenfranchisement provision will violate equal protection if it can be demonstrated that the provision was enacted with a racially discriminatory motive and impact.
The origins of felony disenfranchisement laws in the United States date back to 1792 in Kentucky, with the first actual law disenfranchising felons introduced by Connecticut in 1818. By 1840, four states had felony disenfranchisement policies, and by 1870, this number had increased to 28 out of 38 states. The 14th Amendment, ratified in 1868, has been interpreted to support felony disenfranchisement, stating that the "right to vote" may be "abridged...for participation in rebellion, or other crime."
However, in recent years, there have been efforts to restore the voting rights of people with felony convictions. In 2002, Alabama passed a bill allowing most people with felony convictions to register to vote. In 2003, Nevada passed a similar bill, and in 2005, Nebraska repealed its lifetime ban on disenfranchisement for people with felony convictions. In 2019, Nevada amended its law to restore the right to vote for felons who were no longer serving a prison sentence. In the same year, Kentucky's newly elected Democratic governor, Andy Beshear, signed an executive order to restore voting rights and the right to hold public office to more than 140,000 residents who had completed sentences for nonviolent felonies. In 2020, Iowa Republican Governor Kim Reynolds signed an executive order restoring voting rights to about 24,000 people who had completed their sentences, excluding those convicted of murder.
To amend the Constitution to include voting rights for felons, the following process would need to be undertaken:
- Congress proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention is called for by the states.
- The Archivist of the United States, who heads the National Archives and Records Administration (NARA), administers the ratification process, with the assistance of the Director of the Federal Register.
- The proposed amendment is submitted to the states for their consideration, and a letter of notification is sent to each Governor along with informational material.
- The states ratify the proposed amendment, and it becomes part of the Constitution once it is ratified by three-fourths of the States (38 out of 50).
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Transparency in government
Firstly, transparency promotes accountability and provides citizens with information about their government's actions. This enables citizens to understand the decision-making processes and hold their leaders accountable for their actions. It also encourages public engagement, allowing citizens to provide feedback and contribute their knowledge and ideas, thereby improving the effectiveness and quality of government decisions.
To achieve this, the government should utilize new technologies to make information about its operations and decisions easily accessible to the public. This includes publishing documents such as the Federal Register and the Open Government Directive online, ensuring that citizens can readily find and utilize the information. Additionally, the Freedom of Information Act, America's landmark transparency law, has played a crucial role in promoting transparency by ensuring that administrative policies affecting individual rights and obligations are publicized.
Furthermore, to ensure fair and transparent civil administrative enforcement and adjudication, agencies must provide prior public notice of their jurisdiction and the applicable legal standards. This enables regulated parties to understand the rules by which their actions will be judged and protects individuals from arbitrary enforcement actions. The Administrative Procedure Act (APA) and the Due Process Clause of the Fifth Amendment provide additional safeguards to ensure transparency and fairness in these processes.
The constitution should also address the role of guidance documents in administrative enforcement. Guidance documents should not be used to impose new standards of conduct outside the executive branch unless authorized by law or incorporated into a contract. Agencies must establish violations of law by applying statutes or regulations rather than solely relying on guidance documents, which can only articulate the agency's understanding of how a statute or regulation applies in specific circumstances.
Lastly, to improve data quality and access to information, amendments can be made to existing laws such as the Federal Funding Accountability and Transparency Act of 2006. These amendments can include criteria for withholding certain types of material, such as trade secrets and confidential commercial or financial information, while still ensuring transparency and accountability.
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Healthcare for all citizens
While the US Constitution does not explicitly set forth a right to healthcare, the Supreme Court's decisions in the areas of the right to privacy and bodily integrity suggest that the Constitution implicitly provides individuals the right to access healthcare services at their own expense. However, the issue of access to healthcare is more pertinent to situations where a person cannot afford to pay for it. This raises the question of whether the government or another entity has an obligation to provide healthcare to those who cannot afford it.
In 2017, Congresswoman Betty McCollum introduced an amendment to the US Constitution to guarantee all Americans access to healthcare. The amendment, known as America's Right to Health Care Amendment, is a simple, two-sentence proposal. It aims to enshrine the right to healthcare in the Constitution and instructs Congress to enforce that right through legislation. According to Congresswoman McCollum, "access to quality, affordable health care is a basic human right that every American deserves". She further added that "a large majority of Americans agree that the federal government has a responsibility to make sure all Americans have health coverage".
The proposed amendment states that "health care, including care to prevent and treat illness, is the right of all citizens of the United States and is necessary to ensure the strength of the Nation". This amendment underscores the belief that healthcare is a fundamental right that should be guaranteed to all citizens, regardless of their ability to pay.
While some may argue that healthcare as a right could lead to government overreach and dependency, it is important to note that the US Constitution already recognises certain civil rights, such as the Fourteenth Amendment's Equal Protection Clause and Title VI of the Civil Rights Act, which aim to protect citizens from discriminatory practices and promote health equity. However, the effectiveness of these laws has been limited by the judicial branch's interpretation and enforcement.
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Equality for all
The United States Constitution has been amended several times to address issues of equality. The Fourteenth Amendment, passed in 1868, was a significant step towards equality, extending liberties and rights to formerly enslaved people and prohibiting states from depriving any person of "life, liberty, or property, without due process of law" and guaranteeing "equal protection of the laws". Despite this, inequality and discrimination persisted, particularly against women and marginalized genders.
To address these issues, the Equal Rights Amendment (ERA) has been proposed as an amendment to the Constitution. The ERA aims to explicitly guarantee equal rights regardless of sex or gender, embedding the principle of gender equality into the nation's most important legal document. This amendment would empower Congress to address systemic gender discrimination and inequality, expanding protections for women, girls, and marginalized genders. The ERA has been ratified by the required number of states and was declared the "law of the land" by President Biden in 2025.
However, federal laws like Title IX and the Equal Pay Act, which protect against discriminatory practices, can still be weakened or repealed. The ERA seeks to address this by requiring cases of sex discrimination to undergo "strict scrutiny," recognizing sex equality as a fundamental right. This would ensure that the rights of all citizens, regardless of gender, are protected under the Constitution.
In addition to gender equality, issues of racial equality have also been a focus of constitutional amendments. Before the passage of the Reconstruction Amendments, including the Equal Protection Clause, American law did not extend constitutional rights to Black Americans. The Civil Rights Act of 1866 provided that all persons born in the United States were citizens and entitled to "full and equal benefit of all laws." The Fourteenth Amendment further solidified this protection, with cases like Sweatt v. Painter and McLaurin v. Oklahoma State Regents paving the way for school integration and equal protection under the law.
While the Fourteenth Amendment and the ERA have made significant strides towards equality, there is still work to be done to ensure that the rights of all citizens are protected. The ERA, for example, has faced opposition and has yet to be fully recognized and implemented, despite being ratified by the required number of states. Ongoing efforts are needed to uphold and enforce these amendments, ensuring that equality is a reality for all Americans.
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Protection for peaceful protesters
The right to peaceful protest is a cornerstone of democratic societies, and it is essential that this right be protected and facilitated. While the First Amendment of the US Constitution protects the right to assemble and express views, there are some gaps and ambiguities that can leave peaceful protesters vulnerable.
Firstly, it is important to define what constitutes a peaceful protest and the parameters within which it is protected. This includes the right to freedom of expression, freedom of assembly, freedom of association, privacy, and freedom from arbitrary arrest, detention, torture, and other ill-treatment or punishment. These rights are enshrined in international human rights law and should be explicitly guaranteed in the Constitution.
Secondly, the role of law enforcement in facilitating and protecting peaceful protests needs to be clarified and regulated. While law enforcement has a duty to maintain public order and safety, this must not infringe on the rights of peaceful protesters. The use of force or equipment that intimidates or harms protesters is a violation of their rights and should be prohibited. Law enforcement should be required to facilitate protests by communicating with organizers, managing traffic, and providing access to first-aid services. Additionally, police must treat protesters and counterprotesters equally, allowing them to remain within sight and sound of one another.
Thirdly, the rights of protesters in various contexts, such as private property, unionized workplaces, and schools, need to be addressed. Private property owners can currently set rules for speech and assembly on their property, and employers can discipline or terminate employees for participating in protests. Clarification is needed to ensure that the rights of peaceful protesters are not infringed upon in these contexts, while also respecting the rights of property owners and employers.
Lastly, the rights of non-permanent residents and immigrants who participate in protests should be explicitly protected. Currently, arrest or conviction for certain offences during a protest can negatively impact an individual's residency or immigration status. The Constitution should guarantee that peaceful protesters are protected from deportation or other adverse consequences arising from their engagement in protected activities.
By addressing these areas, the Constitution can provide comprehensive protection for peaceful protesters, ensuring that their right to assemble and express their views is safeguarded.
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Frequently asked questions
The US Constitution has had 27 amendments, the first 10 of which are known as the Bill of Rights. The authority to amend the Constitution is derived from Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50).
Some people have suggested the following laws be added to the Constitution:
- Universal healthcare for all US citizens
- Abolishment of taxes for Washington D.C.
- Get rid of the electoral college
- Define and protect reproductive rights for women
- Add cybersecurity notions for modern society
The first ten amendments to the Constitution, also known as the Bill of Rights, include:
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof
- The right of the people to keep and bear arms, shall not be infringed
- No soldier shall, in time of peace, be quartered in any house, without the consent of the owner
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
