Which amendment is the most under used? Why?
I vote for the Third Amendment.
http://www.law.cornell.edu/constitution/third_amendment
Determining which amendment is the most underused is subjective and can vary depending on one's perspective. However, one commonly mentioned amendment that is often considered underused is the 10th Amendment of the United States Constitution.
The 10th Amendment states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Essentially, it reinforces the idea of federalism and limits the power of the federal government by emphasizing the reserved powers of the state governments and the rights of individual citizens.
There are several reasons why the 10th Amendment is often seen as underused.
1. Federal Supremacy: Over time, the interpretation of the Constitution has shifted towards favoring the federal government's authority over state governments. This shift has resulted in limited practical application of the 10th Amendment, as many powers that were once considered solely within the realm of states have been claimed by the federal government.
2. Lack of Awareness: Many individuals may not be fully aware of the details and implications of the 10th Amendment. This lack of knowledge may contribute to its underutilization. Some state policymakers may not actively explore the possibilities of exercising their reserved powers, and citizens may not be informed enough to demand changes or challenge federal actions based on the 10th Amendment.
3. Changing Legal Interpretations: The interpretation and application of constitutional amendments can evolve over time as a result of Supreme Court decisions. The 10th Amendment has not been subject to as much judicial scrutiny and interpretation as some other amendments, which may contribute to its underuse.
It is important to note that the perception of an amendment being underused or overused is subjective, and opinions may vary depending on individual perspectives and interpretations of the Constitution.