In fact, Franks wants to rewrite the Second Amendment to protect reproductive health. 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."įranks advanced the same charge that gun control advocates routinely levy at the Second Amendment: That it is "idiosyncratic and anachronistic."Īccording to Franks, the Constitution should not conflate self-defense with "the right to use a weapon." Rather, it should promote the "right to bodily autonomy," language that pro-abortion advocates use. "Both the freedom of religion and the freedom from religion shall be respected by the government.All conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all persons." "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.She proposed the First Amendment should say: "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."įranks proposed the First Amendment be edited to make explicit that freedoms of expression that harm equality should be met with accountability. "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.
"The First and Second Amendments tend to be interpreted in aggressively individualistic ways that ignore the reality of conflict among competing rights," Franks wrote. Mary Anne Franks - a law professor at the University of Miami Law School - published an essay in the Boston Globe advocating that both amendments be edited to promote the collective good, arguing that each is too individualistic in its current form. A law professor proposed Monday that two major edits must be made to the United States Constitution in order to place new restrictions on the First Amendment and Second Amendment.
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