The Erosion Of Constitutional Safeguards: Challenges And Reforms In The Modern American Legal Landscape
Prithivi Raj, Assistant Professor of Law, Birla Global University, Odisha.
ABSTRACT
Constitutional law in the United States is experiencing significant transformation, influenced by rapid technological progress, evolving political landscapes, and pivotal court decisions. This paper offers a critical analysis of the key emerging challenges facing U.S. constitutional law and explores their impact on democratic values, individual freedoms, and the distribution of governmental power. It focuses on five major areas: presidential immunity (as addressed in Trump v. United States, 2024), digital privacy and artificial intelligence, abortion rights in the aftermath of Dobbs, the application of the Fourteenth Amendment’s Insurrection Clause, and the growing authority of the executive and judiciary. The study contends that the Supreme Court's broad interpretation of presidential immunity threatens executive accountability, while the absence of robust legal standards for AI and digital surveillance raises concerns over the balance between civil liberties and national security. The overturning of Roe v. Wade has reignited complex federalism debates, leading to divergent state laws on reproductive rights and interstate travel. Furthermore, the Court's reluctance to clearly define “insurrection” in Trump v. Anderson (2024) casts uncertainty on democratic protections. At the same time, the application of the "major questions doctrine" is curbing the authority of federal agencies, potentially weakening the government's ability to regulate effectively. This paper assesses whether these developments reinforce or erode the foundational principles of constitutional governance—namely, checks and balances, equal protection, and democratic integrity. Ultimately, it argues that without decisive legislative action and judicial prudence, the nation risks entering a constitutional crisis characterized by unchecked presidential power, inconsistent rights, and diminishing democratic norms. The paper concludes with policy and legal reform recommendations to address these urgent issues.
Keywords: Administrative Law, Technological Privacy, Democratic Accountability, Constitutional Reform, Reproductive Rights.
