I agree with the assertion that the nationalization of the Bill of Rights represents the greatest issue in post Civil War constitutional history. Arguments about freedom of speech, gun control, and states’ rights dominate the political landscape to this day, with many people disagreeing with Constitutional policy on these matters.
The First Amendment states that people have the right to speak their mind, and should be constitutionally allowed to do so. However, there are many problems inherent with that amendment, according to some; for example, hurtful slander or libel against an individual or country is Constitutional, but people want to have it outlawed. Groups such as the Westboro Baptist Church exercise free speech to legally picket funerals and cause grief to the families of fallen soldiers.
The Second Amendment gives the right to bear arms, meaning that everyone in America has the right to purchase and carry a firearm. However, this has led to easy accessibility to deadly weapons, which have been used to kill many people over the history of this country; therefore, some people want this law repealed. Unfortunately, many view the infringement of this law an attack on their basic civil rights.
The Tenth Amendment offers states greater control over their people, as well as giving them a looser federal oversight. This allows them to create their own laws and operate somewhat independently. While this is also good, there are those who want to extend those powers and leave the federal government almost completely out of the legislative process. They do not want the policies of the entire country affecting their individual state. This creates heated arguments between the federal and state governments over what laws should be followed and not followed.
In conclusion, the many conflicts that arise from changing interpretations of the Bill of Rights in a constantly changing world are the biggest problem since the Civil War. These arguments evenly divide an already fractured country, as everyone has a different opinion on how the country should be run.
