Tuesday, November 11, 2008

Tuesday, November 11, 2008
Proposition 8
My paper in response to the passing of Proposition 8:



The Constitution of the ..:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />United States and its accompanying document, the Bill of Rights, has given people comfort and security that their rights and liberties will be respected and protected. These freedoms that are held so dearly by the people of the nation are specified and expressed in the Constitution; however, they are made explicit in the Bill of Rights. The concomitant document has played a major role in securing individual freedoms throughout America's history for groups that were not always protected. Although the Bill of Rights has also been the one document that has helped maintain and uphold those liberties since its inception there are currently civil rights that have not been protected by the Bill of Rights, or recognized as necessary to protect, which makes obvious where interpretation lacks in the communication of the documents' purpose.

The Constitution of the United States was designed to make evident how the government should be run in terms of framework and logistics. It specifies the jobs of Congress, how many members it should have, how long members should be in office, and also safeguards the Constitution by specifying that only Congress can change the Constitution by way of ratification of an amendment (US Constitution, Article V, 1787). It gives specifics for the President and Vice President positions and speaks about taxes, jurisdictions, and includes all amendments, beginning with the Bill of Rights ratified in 1791. These first ten amendments were explicitly written because Jefferson stated one should not "trust assumed restraints, make the rights of the people explicit so that no government could ever lay hands on them" (USDS, n/d). The Founders understood the ties between the rights of the people and democracy and wanted to make sure that the Constitution would not be up for misinterpretation or misunderstanding. "The First Amendment Speech Clause, for example, is universally recognized as a foundation stone for free government" (USDS, n/d). Just as important as freedom, justice, such as in the right to a speedy trial (Amendment VI) or the rejection of excessive bail (Amendment VIII), lets democracy balance itself between what is important to the people and what is necessary for the nation. Equality, another concept framed by the Constitution, is also crucial to democracy as it motivates people to come together for common goals. This particular right is addressed in the fourteenth amendment where it orders that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" (US Constitution, Fourteenth Amendment, 1868).

Although the US Constitution has played a large role in shaping present day law there have been some obvious gaps in civil rights law. The slave system, later segregation of, and racist denial of African American voting rights gave way to the acknowledgement of equality among races and the need to reinterpret and amend the Bill of Rights. There has also been an amendment to the Bill of Rights in regards to the rights of women, specifically to voting, which epitomizes the right of full citizenship. Amendments have made clear the need for a "living constitution" (USDS, n/d) as issues relating to civil rights have surged and swelled with the times. Changes necessary to the progression of a nation evolving to meet the needs of its people have had critical political importance.

It is my belief that this is the point where the interpretation and execution of the Bill of Rights breaks down and does not make evident the importance of the Framers' decisions for not defining marriage; it is an example of how the Bill of Rights has not secured individual freedoms for homosexual couples. Marriage is not mentioned in the U.S. Constitution because, as this is a religious sanction, the Framers did not believe it should be a right in and of itself, but a right within the freedom of worship given to all the people within the First Amendment which states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" (Bill of Rights, 1791). It is the exemption of any limitations within this passage that has allowed religious liberty to continue and political policies forced to be all-inclusive.

Another example of how the Bill of Rights has not protected individual rights is in the various ways that amendments have been put to the vote. While there have been many proposing to ratify the Constitution by including that marriage should be between one man and one woman it has been stated that the fundamental purpose of a Bill of Rights was to remove certain inalienable rights from political controversy and "to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, to free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections" (West Virginia Board of Education v. Barnette, 1943). Not only has marriage, essentially a religious right, become a political issue but it has been put to the vote to be determined and agreed upon by a majority. Recently California citizens voted and approved Proposition 8, the ban on gay marriage, that has left defenders rightly arguing that "gay marriage is a constitutional revision that should have been processed through Legislature, not the ballot box" (Miller, 2008).

The Constitution of the United States and the Bill of Rights were drawn up with certain ideals in mind. While the rights made evident in both documents have acted as safeguards against oppression and discrimination it is not perfect and open to various interpretations. It is also true that the processes toward equality have sometimes taken incredible amounts of time to pass because of misinterpretation and wrongful executing along the way. Although civil liberties and individual freedoms have come to pass to protect certain groups along history, at this moment not all groups are protected nor addressed and these truths act as a reminder of where both the Constitution and the Bill of Rights have not secured or guaranteed individual freedoms for all.





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References



Miller, Cheryl. (2008). Fighting over voter-approved ban on gay marriage puts squeeze on california's chief justice. Retrieved on November 5, 2008, from: www.law.com



Rights of the people. (n.d.). Retrieved November 5, 2008, from http://usinfo.state.gov/products/pubs/rightsof/intod.htm



The Bill of Rights. Retrieved November 5, 2008, from: www.archives.gov



The Constitution of the United States. Retrieved November 5, 2008, from: http://www.archives.gov/exhibits/charters/constitution.html