It occurred to me that the current Constitution is badly in need of some amendments to clear up confusion on modern issues vexing society. The two new amendments would be:
Amendment XXVIII: The Right to Privacy
Amendment XXIX: The Limits on the Commerce Clause
Why?
Simple, the framers of the Constitution included provisions which suggested a right to privacy in some regards, but they never bothered to go beyond that to define the scope and limits of such a right. The courts have from time to time opined that such a right as a right to privacy exists, but other courts have serverely curtailed similar protections extended by such decisions on the pretext that the Constitution contains no right to privacy.
On a similar vein, the Commerce Clause of the Constitution was included but never expounded upon to sum up its exact scope and limitations. The Commerce Clause was then used as a pretext for everything from desegregation to establishing a federal civil remedy for cases of rape. The courts then either used or disposed of this argument with little in the way of any coherance. Segregation in private institutions is illegal under the Commerce Clause because it inhibits commerce between the states (not, as it should be, under the 14th Amendment and ensuing 1964 Civil Rights Act), but a federal civil remedy for rape was struck down as being beyond the Commerce Clause. An Amendment to the Constitution is needed defining the exact scope of the Clause so as to remedy the confused stance of the courts on the issue once and for all.
Thoughts?
The Republican Guild of Gaia [A Big Tent Republican Guild]
A Political-Debate Guild Aimed at Republican Users.
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