28 Sep 2022

104

The United States Constitution: Amendments

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Academic level: College

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There have always been talks about amending sections of the American constitution, carried out by individuals or lobby groups. Justice Clarence Thomas has considered one of the renowned judges in the country specialized in constitutional interpretations. He has in the recent past expressed his concern for various amendment clauses, and the need to have them revised. One such amendment that caught the Justice's attention towards the end of February 2019 was the interpretation of the 1963 Gideon v. Wainwright decision in which the 6th Amendment was drafted (Gideon v. Wainwright, 1963) . The 6th Amendment requires that the federal government provide lawyers to poor Americans who are facing severe crime judges. 

According to the Justice, however, over the years this amendment has been interpreted and recognized by those who planned and approved it as guaranteeing solely, the entitlement to obtain a lawyer. Justice Thomas, therefore, has expressed his concern to have the entire amendment rectified and redrafted for the fact that it misleads both the public and the judicial system (Liptak, 2019). From Justice's point of argument, it can be concluded that such a matter of high legal intensity and ramification cannot be solved through a simple change in federal law, but instead should be addressed in its entirety by having the 6th Amendment redrafted (Albert, 2015). 

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In conclusion, it is essential to observe, as the Justice has previously pointed out in his numerous constitutional concerns, that unless an amendment is clearly ratified and interpreted, then it fails to serve the purpose for which it was implemented. Not only does such a bill fail in serving its purpose, but it equally leads to the misinterpretation of the constitution, and would, therefore, need a new aspect in its redrafting before it is implemented again. Most Americans and lobbyists who campaign for constitutional amendments would agree with Justice Clarence Thomas' point of reasoning. 

References 

Albert, R. (2015). Amending constitutional amendment rules. International Journal of Constitutional Law, 13(3), 655-685. 

Gideon v. Wainwright , 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963). 

Liptak, A. (2019). Precedent, Meet Clarence Thomas. You May Not Get Along. The New York Times , p. 1. 

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StudyBounty. (2023, September 16). The United States Constitution: Amendments.
https://studybounty.com/united-states-constitution-amendments-essay

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