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The United States Constitution: An American’s Examination and the Ongoing Erosion of Vital Protections”
The United States Constitution, a venerable document that has underpinned the nation’s legal and political landscape for over two centuries, is a testament to the enduring nature of democratic governance. Nonetheless, it is imperative for legal scholars to critically examine the Constitution, recognizing both its historical limitations and the ongoing efforts to erode essential protections. This article, written from the perspective of an established legal scholar, aims to delve deeply into these complex issues and assess the intricate relationship between constitutional framework, historical context, and contemporary challenges.
The Inherent Limitations of the US Constitution
The US Constitution, drafted in 1787, stands as a product of its historical milieu, imbued with both progressive and regressive elements. Several components of the original document have attracted censure for perpetuating discrimination and inequality:
- Slavery and the Three-Fifths Compromise: One of the most disconcerting aspects of the Constitution was its implicit endorsement of slavery through the Three-Fifths Compromise. This compromise counted enslaved individuals as three-fifths of a person for the purpose of representation, reinforcing the odious institution of slavery.
- Limited Suffrage and State Autonomy: The framers, cognizant of the political diversity among the states, chose to…