Law Professor Proposes 2 Major Changes to the U.S. Constitution

Amanda Casanova | Contributor | Wednesday, December 22, 2021
Law Professor Proposes 2 Major Changes to the U.S. Constitution

Law Professor Proposes 2 Major Changes to the U.S. Constitution

A law professor at the University of Miami Law School is proposing two major changes to the U.S. Constitution.

According to The Blaze, in an article for the Boston Globe, Professor Mary Anne Franks wrote that the First Amendment and Second Amendment need to be edited because, in their current form, the amendments are too "individualistic."

"The First and Second Amendments tend to be interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights," Franks wrote.

"This, in turn, allows the most powerful members of society to reap the benefits of these constitutional rights at the expense of vulnerable groups," she added. "Both amendments would be improved by explicitly situating individual rights within the framework of 'domestic tranquility' and the 'general welfare' set out in the Constitution's preamble."

For the First Amendment, Franks suggested adding more accountability.

The proposed text reads:

"Every person has the right to freedom of expression, association, peaceful assembly, and petition of the government for redress of grievances, consistent with the rights of others to do the same and subject to responsibility for abuses. All conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all persons," she writes.

"Both the freedom of religion and the freedom from religion shall be respected by the government. The government may not single out any religion for interference or endorsement, nor may it force any person to accept or adhere to any religious belief or practice," Franks added.

For the Second Amendment, she proposes that the Constitution should promote the "right to bodily autonomy consistent with the right of other people to [do] the same, including the right to defend themselves against unlawful force and the right of self-determination in reproductive matters. The government shall take reasonable measures to protect the health and safety of the public as a whole."

Changes to the U.S. Constitution require a two-thirds approval in the House and the Senate and a three-fourths approval from all states.

Photo courtesy: Getty Images/Artisteer

Amanda Casanova is a writer living in Dallas, Texas. She has covered news for since 2014. She has also contributed to The Houston Chronicle, U.S. News and World Report and She blogs at The Migraine Runner.

Law Professor Proposes 2 Major Changes to the U.S. Constitution