The Rights of Children in America: Do we need a constitutional amendment?

There are 194 nations in the world with federal Constitutions. 170 of them mention children. The United States Constitution is one of the 24 that does not. The fact that the U.S. Constitution lacks any rights for children is not trivial. Nearly 1 in 6 U.S. children live in poverty, one of the highest rates in the developed world, and 73% of these are children of color; other nations like Germany and the United Kingdom have half our rate. Similarly, 1 in 6 U.S. children are food insecure. Nearly 4.4 million children lack health insurance. And, American children suffer from staggering educational gaps along lines of race and income, disparities which begin at birth.

Although modern presidents from Reagan to Obama have affirmed the keystone role families with children play in American society, the United States government has no obligation -- and in some cases, no authority -- to do a single thing about it. The Constitution is silent on the matter.

In collaboration with The Parents Aren’t Alright, we recently hosted an energetic conversation about whether that silence matters, if the time come for a Children’s Amendment to the U.S. Constitution, and what lessons can we learn from other campaigns – from the Bill of Rights to the ERA -- to enshrine rights in the Constitution.

Panelists

Danielle Holley-Walker is the Dean and Professor of Law at Howard University School of Law.

Kimberly J. Robinson is the Elizabeth D. and Richard A. Merrill Professor of Law, Professor of Education in the Curry School of Education, and a Professor of Law, Education and Public Policy in the Frank Batten School of Leadership and Public Policy at the University of Virginia.

Jessica Dixon Weaver is the Robert G. Storey Distinguished Faculty Fellow, Gerald J. Ford Research Fellow, and Professor of Law in the Dedman School of Law at Southern Methodist University.

Jonathan Todres is a Distinguished University Professor and Professor of Law at Georgia State University College of Law.