United States Constitution Research Articles

New appeals court case finds Title II does not allow for emotional distress damages

In Cummings v. Premier Rehab Keller P.L.L.C, 142 S. Ct. 1562 (2022), the United States Supreme Court held that emotional distress damages are not available under Section 504 of the Rehabilitation Act (29 U.S.C. 794), a statute enacted pursuant to the spending clause of the United States Constitution. The Court left open the question of whether emotional distress damages are available under Title II of the Americans with Disabilities Act (42 U.S.C. 12135‐65).

Rights-Based Legal Considerations for TB Isolation Practices in Community Settings in the Post-Pandemic Era.

State and local governments are free to enact infectious disease control laws to protect the public health but must conform those laws to right-based limitations imposed by the United States Constitution. TB control laws that empower public health agencies and their representatives to institute restrictions on movement and activities for persons with TB have remained largely unchanged for decades and warrant review to ensure consistency with modern legal principles. During the COVID-19 pandemic, there was increased attention to the tension between non-pharmaceutical public health interventions (masking, isolation, lock-downs) intended to reduce transmission and improve community health and their potential negative consequences on learning, mental health, individual finances and the economy at large. Increasing evidence suggests that much of TB transmission is likely to have occurred prior to diagnosis and treatment initiation, and there is limited scientific evidence for the efficacy of community-based isolation in reducing TB incidence or TB mortality; by contrast, there is evidence that treatment rapidly reduces infectiousness, and that prolonged isolation may have deleterious health and financial effects for persons with TB. The post-pandemic era presents an opportunity to reassess public health authorities' legal obligations in designing voluntary and involuntary isolation policies for persons with tuberculosis. In so doing, state and local governments can recalibrate the balance between respect for individual constitutional rights and achieving public health TB goals.

American covenant: how the constitution unified our nation and could again [Yuval Levin. New York: basic books; 2024

It is much easier to find flaws than unifying traits in the U.S. Constitution. Yet, author Yuval Levin defends the bargaining and negotiating that got us the original document and its amendments against charges that the government structure wrought by them turned out to be anti-democratic. Instead, Levin contends that the Constitution’s struggles have fostered solidarity and a common commitment toward success. He favors the Madisonian model of American constitutionalism.

The Election of 1801 and James A. Bayard's Disinterested Constitutionalism

Abstract: Distinguishing, on the one hand, between the 1800 state-based presidential election contests between Thomas Jefferson and John Adams that resulted in Jefferson's victory and, on the other, the voting in the House of Representatives in early 1801 to resolve the electoral vote tie between Jefferson and his vice-presidential running mate Aaron Burr, this article focuses exclusively on the latter contest, whose result made Jefferson president of the United States. In doing so, it rejects historian's conventional approach to the congressional deadlock as a mere pendant to what is conventionally known as the "Election of 1800." Second, it brings forth the Election of 1801 as the first major constitutional crisis in American history and thus makes it a major constitutional as well as political event. Third, it focuses on Delaware congressman James A. Bayard, the pivotal figure in resolving the voting deadlock in the House, which threatened to lead to civil violence and the failure of the Constitution. Fourth, taking Bayard to be a serious constitutional thinker as well as a shrewd political character, it argues that his act to resolve the deadlock, coupled with his explanation for doing so, constituted the first of only occasional major instances of disinterested constitutionalism in American history. The article thus contributes to the revival of attention to American constitutionalism, to the role that constitutional principles have played in American political history, and to the interplay between politics and the rule of law in the earliest years of American constitutional government

How Might Corporations' and Nonhuman Animals' Personhood Compare Under the Fifth and Fourteenth Amendments?

The Fourteenth Amendment to the US Constitution prohibits states from depriving any person "equal protection of the laws," and the Constitution's Fifth Amendment has been interpreted as applying this prohibition to the federal government. This article considers whether constitutional equal protection should apply to some nonhuman animals in light of corporations having gained such protection and concludes that expanding equal protection personhood to nonhuman animals is improbable in the present legal landscape.

Imagining ecopolis: Visions of ecofeminist political theology and ecocriticism in Latin America

Although often overlooked by mainstream accounts of political theology and ecocriticism in the Global North, powerful visions of an ecopolis have been emerging in Latin America. In this article, we review the status of mainstream approaches to notions such as subject, citizen, and personal dignity and put them in a critical dialogue with Latin American Ecofeminist Political Theologies (LAEPT). We argue that those notions, often conceived from a Western and anthropocentric perspective, show their limits when interrogated from the perspective of LAEPT. Accordingly, we suggest that their main contribution lies not only in their critique of the Western paradigm but also in advancing alternative conceptions of an ecologically conscious political community that considers the Earth as sacred, and nature as a reflection of the divine. We conclude that such conceptions can also be seen at work in the rights of nature enshrined in the so-called new Latin American Constitutionalism.

The US Government Ponzi Scheme & Impending Collapse of Social Security, Medicare, and Medicaid

The financial instability from unfunded liabilities threatens the long-term viability of Medicare, Medicaid, and Social Security, demanding urgent reforms. An alternative to Social Security’s tax-spend-borrow model is proposed: Mutual Funds managed independently of the Social Security Administration. Analysis shows that investing 15% of income in mutual funds over 50 years could yield a significantly higher retirement fund compared to Social Security, offering $14,000 monthly versus $1,400. This alternative would foster intergenerational wealth, unlike the current system, which resembles a Ponzi scheme and lacks genuine investment. Despite the Supreme Court’s rulings upholding the constitutionality of Social Security taxes, the broader issue of its constitutionality remains unresolved. The SCOTUS decision in Flemming vs. Nestor (1960) highlights that taxpayers are obligated to contribute to FICA without guaranteed benefits, raising concerns about the program’s fairness and alignment with constitutional principles. Urgent reform is essential to secure financial stability and align with the enumerated functions in the US Constitution: this should be discussed in every business college in our nation.

Abortion is Unnatural in the Animal Kingdom

Thomas Jefferson wrote in the Common Law US Constitution using the Philosopher Locke as his guide: Everyone has the Right to “Life, Liberty, and The Pursuit of Happiness.” According to Jefferson, the Pursuit of happiness was a right to “estate”. Its an economic thing.

Characteristic Features of the Constitution of the United States of America

Aim: The aim of this study is to review the specific features of the Constitution of the United States of America, in view of the historical circumstances of its creation, and its topicality. The author stresses that the US Constitution and its interpretation have changed in the light of changing economic, political and social circumstances. Methodology: The author of the study has used the historical and comparative method in writing the paper. It has been considered how and to what extent this constitution has been and is being taken into account today outside the United States, particularly in European countries. Findings: The authors, the ‘Founding Fathers’ of the Constitution of the United States of America agreed that the Constitution should provide the legal basis i.e. the garantee of the separation and balance of powers. The principle of separation of powers implies the creation of three separate institutions of equal importance in the exercise of power. The checks and balances enshrined in the Constitution ensure balanced exercise of power. In addition to widespread presidential power, the preeminent role of the Supreme Court is according to ou view the most distinctive feature of the constitutional system of the United States of America. Value: In Hungary, this study provides a complex introduction to the Constitution of the United States of America. This includes the sources of the Constitution, the original text of the Constitution and its Amendments.

Az Amerikai Egyesült Államok (USA) alkotmányának sajátoságai

Aim: The aim of this study is to review the specific features of the Constitution of the United States of America, in view of the historical circumstances of its creation, and its topicality. The author stresses that the US Constitution and its interpretation have changed in the light of changing economic, political and social circumstances. Methodology: The author of the study has used the historical and comparative method in writing the paper. It has been considered how and to what extent this constitution has been and is being taken into account today outside the United States, particularly in European countries. Findings: The authors, the ‘Founding Fathers’ of the Constitution of the United States of America agreed that the Constitution should provide the legal basis i.e. the garantee of the separation and balance of powers. The principle of separation of powers implies the creation of three separate institutions of equal importance in the exercise of power. The checks and balances enshrined in the Constitution ensure balanced exercise of power. In addition to widespread presidential power, the preeminent role of the Supreme Court is according to ou view the most distinctive feature of the constitutional system of the United States of America. Value: In Hungary, this study provides a complex introduction to the Constitution of the United States of America. This includes the sources of the Constitution, the original text of the Constitution and its Amendments.

Alice Dunbar-Nelson’s 1915 Pennsylvania Suffrage Speaking Tour Scrapbook

ABSTRACT In 1915 woman’s suffrage was on the ballot in Pennsylvania. State suffrage organizations mounted a vibrant campaign using a variety of strategies in support of enfranchising the women of the Keystone State. Speakers played a central role in this campaign, including a four-month lecture tour by African American author and educator, Alice Dunbar-Nelson. She kept a scrapbook of her tour that reveals her recognition of its historical significance. Her scrapbook also highlights the role of African American women who worked toward the goal of voting rights for all in Pennsylvania. Finally, it illuminates the strategies used by Pennsylvania suffrage leaders. While the men of the state voted down the suffrage referendum in 1915, the hard work of suffragists, including Dunbar-Nelson and other African Americans, paid off four years later when Pennsylvania became the seventh state to ratify the nineteenth amendment to the US Constitution on June 24, 1919.

Pengaruh Revolusi Amerika Terhadap Pembentukan Identitas Nasional di Amerika Serikat

The American Revolution (1775-1783) was a pivotal event in United States history that ended British colonial rule and initiated the formation of a strong national identity for the new nation. This research aims to explore how the American Revolution contributed to the formation of national identity in the United States. Through historical and contextual analysis, the study identifies key factors such as the influence of Enlightenment ideas, the role of revolutionary figures, and the development of political and cultural institutions that became the foundation of national identity. The study also examines the social and political impacts of the Declaration of Independence and the formation of the United States Constitution, which served as the legal basis and symbol of national unity. The findings show that the American Revolution not only achieved political independence but also inspired values of freedom, egalitarianism, and democracy, which are central to the national identity of the United States. This research provides insights into the historical process of national identity formation and its relevance to contemporary national dynamics.

AN AI INFLUENCED SOCIAL CONTRACT: AN ILLUSTRATION OF AMERICAN CONSTITUTION

This research was intended to highlight how the latest technologies like social media and virtual reality (VR) have influenced upon basic principles of current democratic political system, which includes individual freedom, freedom of speech and individual privacy. Hence, this research has illustrated few constitutional articles of first formally documented social contract- An American constitution. The research explained the need to change the three articles including the first and fourth amendment of “Bill of rights” and section one of the 14th amendment. By that means, the researcher concluded at the end that, if the concept of social contract has to be relevant then it must include terminologies like virtual life, virtual freedom, virtual property, virtual security and virtual establishment in at least those three mentioned constitutional articles. Moreover, the articles were actually enacted in the era when only physical life and property were needed to be secured form external attacks but, the new technologies have changed that landscape. Hence, it is the need of the time to alter the founding principles of American constitution in order to provide safe, secure and peaceful internal and external environment to the American populace.

A Nash equilibrium against gun control

This work constructs a non-cooperative, static game of gun control between the citizen and a pacifistic society characterised by law enforcement imperfection, by which the retention of firearms and the certitude of punishment against all crimes emerge both as a strict Nash equilibrium, in pure strategies, and as a strict dominant strategy equilibrium. The reason is that ratified by the Second Amendment to the American Constitution, discerning the necessity of a militia to the individual and societal security of a free state, by which the right of the people to keep and bear arms cannot be infringed.

Opposite Ends: Why the United States and Singapore have Drastically Different Models of Free Speech

This article delves into why the United States and Singapore, despite their shared colonial history, democratic institutions, wealth, and global influence, have drastically different free speech models. This paper will look at three points of comparison: historical context, political theory, and evolution of judicial interpretation. By comparing the current events and the prevalent political theories at the time of drafting the Singaporean and American constitutions, this paper seeks to understand why the nations ratified contrasting free speech clauses.  However, the Constitution is only as meaningful as the courts interpret it, so this paper also explores how the respective Supreme Courts of Singapore and America have evolved their interpretation of the Constitution to shape their contrasting free speech models. While this paper will not argue which model of free speech is more effective, it will outline the underlying reasons for Singapore and America's drastically different free speech models. 

“Isn’t It Terrible That All These Students Are Voting?”: Student Suffrage in College Towns

Abstract The 1971 passage of the Twenty-Sixth Amendment to the US Constitution was a significant step in advancing voting rights that offered a new route for young people to participate in public life. While met with enthusiasm in many quarters, the question of where a substantial segment of the youth vote—college students—would cast their ballots was a concern even before the amendment’s ratification. After ratification, it became a serious point of conflict, with opponents to college-town voting arguing that students should be forced to vote where their parents lived. In numerous towns these arguments turned to efforts to deny or complicate registration and voting, intimidate students, or gerrymander to reduce students’ influence. At times, these efforts were explicitly aimed at Black students. This article examines these efforts to prevent students from voting in their college towns in the 1970s, demonstrating that they could serve the strategy of disenfranchising the newly franchised.

Development of political and legal ideas regarding the concept of protective democracy

The article examines the evolution of the concept of protective democracy and ways of its implementation in political and legal practice. It is emphasized that in the course of historical development, the concept of democracy as one of the oldest means of organizing political power underwent significant changes caused by the evolution of society, legal and political systems, which affected its interpretation and implementation. The ideas that arose around this concept were studied, considering them from different perspectives - from historical to modern. It is shown that the primary and consolidated ideas about protective democracy arose at the turn of the XVII-XVIII centuries, when democracy began to be considered as a means by which citizens can protect themselves from excessive state control. It is noted that in the process of formation of the concept of protective democracy, political and legal ideas about the right to vote as a tool for the implementation of government accountability played a significant role, since democratic institutions and procedures need protection from abuse of power to ensure their stability and effectiveness. It is emphasized that the right to vote, as a key element of democracy, plays a significant role in this concept, as it is the main mechanism for expressing the will of the people and establishing the accountability of the government to the citizens. It is noted that ensuring wide access to voting ensures a higher level of government legitimacy and reduces the likelihood of its authoritarian tendencies. It is shown that political and legal ideas about the right to vote played a key role in the formation of the concept of protective democracy, emphasizing the need to protect and support this fundamental right to ensure the stability and effectiveness of democratic systems. Attention is paid to the contribution to the concept of defensive democracy by such outstanding thinkers and politicians as John Locke, Jeremy Bentham, James Mill and James Madison. The implementation of certain aspects of protective democracy in the US Constitution is considered, and attention is drawn to the role of the republican form of government in this context. Certain milestones in the development of the concept of protective democracy in the 20th century are shown, as well as some ideas regarding this issue in the 21st century, namely the types of protective democracy and its identification as an indirect form of democracy, are explored. Characteristic features of protective democracy and its definition are proposed.

The Economic Constitution of the United States

The United States has an Economic Constitution, governing federal regulation, and explaining how to conduct regulatory impact analysis, with reference to quantification and monetization of the costs and benefits of proposed and final regulations. Known as OMB Circular A-4, the Economic Constitution of the United States was thoroughly revised in 2023, with new directions on behavioral economics and nudging; on discount rates and effects on future generations; on distributional effects and how to account for them; and on benefits and costs that are hard or impossible to quantify. The revised document leaves numerous open questions, involving (for example) the valuation of human life, the valuation of morbidity effects, and the value of the lives of children.

Earth jurisprudence in South America: Trends and developments

This article aims to present an analysis of the evolution and contributions developed and integrated into the corpus of Earth Jurisprudence from practice in seven (7) South American countries where 135 records were found between 2005 and 2023. The case study was carried out using the methodological approach of the qualitative approach, the hermeneutic method, and the documentary review technique. The unit of analysis was based on the recognition of rights to nature, the data and information organized according to legal/political provisions, the state, the actor that initiated the action, and the ecological actor involved. Among the most outstanding findings, it is evident that a large number of records are concentrated in Ecuador and Colombia. The first correlates with the constitutionalization of the rights of nature and coincides with the second as they have been part of the stream known as new Latin American constitutionalism. In addition, a notable jurisprudential development recognizes nature as a subject of rights and declares it a victim of the armed conflict. Bolivia, which also joined this emerging denomination, has a different tendency than it had in its beginnings, not as the two countries mentioned above have done. Brazil stands out for its considerable increase in such legislative recognition. Argentina has a stronger emphasis on animal law. Peru has an incipient contribution to some regulatory implementation. Finally, Chile, the most laggard, tries it with a new constitution that recognizes these rights without having the approval at the ballot box. It is concluded the need to elevate the rights of nature and animals to constitutional status, claiming indigenous and ancestral cosmogonies regionally since it includes a legal stability that would facilitate the work of judicial and legislative actors and decision-makers for developing public policies, which would contribute to the practical development of the new Latin American constitutionalism and the Earth Jurisprudence.

Influence of United States Constitutional System on Asian Countries

United States of America is a leading superpower in international politics and the infiltration of its constitutional system into other countries is quite conspicuous in many ways. The impact of it is manifest in the governance structure many Asian countries. Asia is an abode to different types of governments including long-established democracy, socialism and monarchies. This research studies and compares special Asian countries with the constitutional system of America as a model that has withstood the test to time since the 18th century. This research finds that the question of whether Asia can adopt democracy was what preoccupied Lee Kuan Yew as an Asian and Singaporean statesman. However, diffusion theory penetrates Asia, and the continent begins to wax in democracy and constitutionalism. Written constitutions also dominate Asia with models of check and balance, impeachments, and elimination of dictatorship although its last vestiges are still in some parts of the continent.