Benefits Of The Living Constitution

Improved Essays
Technology has changed, the international situation has changed, the economy has changed, and social mores have changed, all in ways that no one could have thought of when the Constitution was drafted. In fact, the people who thought of the idea of a living constitution have stated their arguments so strongly that, among people who write about constitutional law, the term "the living constitution" is hardly ever used. The Constitution is supposed to be a solid foundation, the embodiment of our most fundamental principles-that's the whole idea of having a constitution. If the Constitution is not constant, if it changes from time to time, then someone is changing it, and doing so according to his or her own ideas about what the Constitution should

Related Documents

  • Superior Essays

    The current Constitution allows for an amendment to be passed with ⅔ votes from both chambers of Congress and also with ¾ of the state’s approval or with ⅔ of the state legislatures calling for a convention. Sabato’s view on calling a convention is interesting in that his interpretation of a state’s petition to call a Constitutional Convention never dies as well as the visual of a light on, light off policy. Proposed amendments that a state switches it’s light on for will remain on until they reach 34 states with their lights on or until the state shuts it’s light off. This visual allows for a Convention to be called the moment the 34th state light went on, meaning a Convention could be called promptly. The one area Sabato says needs to be addressed is the lack of a standardized way of submitting applications for an amendment or convention.…

    • 1230 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Amendment process ensures that the Constitution is considered a “living document” because amendments can be added, changed, and repealed. First off, the Amendment process ensures that amendment can be added, which makes the Constitution a “living document” because it has the ability to grow as the country grows. Similarly, parts of the Constitution can be altered, which allows the Constitution to be “living” because it can change with the nation. Lastly, the Amendment process lets amendments be repealed. This shows that the Constitution is living because it can repeal amendments as it discovers they no longer work, such as the 18th amendment which banned alcohol production, transportation, and selling.…

    • 133 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    14th Amendment Dbq

    • 972 Words
    • 4 Pages

    I believe the fact that there can even be amendments to the Constitution alone means that it is not a fixed document. If it can be changed over time due to flaws found within, then the interpretation of the document should also be able to change over…

    • 972 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A hot debate relevant for today is the question of how the constitution is to be interpreted. When writing the constitution, the founding fathers were clearly living in an ern which entailed concerns that are different from concerns today. During the constitutional convention, men discussed debated until they agree on what should become the framework for our great nation. Because of this the constitution appears to be ambiguous on many particular issues which we face today. Are we then to address those issues in light of the context in which the constitution was written, or are we to view it as a living document that’s meaning changes with time?…

    • 1027 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Pros And Cons Of The New Constitution

    • 970 Words
    • 4 Pages
    • 7 Works Cited

    In order to resolve the differences, delegates from the majority of the states met at the Annapolis Convention in 1786. But they were not able to reach any agreeable conclusion. That led them to decide to meet again later in Philadelphia. In second convention, delegates observed that there is urgent need to frame an entirely new constitution. A key issue of conflict was the structure of the new legislative branch.…

    • 970 Words
    • 4 Pages
    • 7 Works Cited
    Improved Essays
  • Improved Essays

    The founders that created the Constitution themselves knew it was time for a change when they created the Constitution. Not only that, but the Constitution is outdated when it comes to the complications in today’s society, and the founders knew that it would need changes in the future. I believe the core of the constitution has some crucial rhetoric that should not be changed; however, it should be updated to reflect the makeup of our current society. Each generation is responsible for thoughtfully deciding their own future while learning from previous generations. The whole idea of an amendment implies change.…

    • 1033 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    After the American Revolutionary War, the United States stood free but inexperienced. To create and run a newborn country, the Founding Fathers created the Constitution that has molded the government we have today. One of the specific traits expressed in the constitution is the goal to form a more perfect union between the states of America. In the postwar 1780s, the thirteen colonies needed a strong alliance to hold their strength together against any foreign attackers. The people believed that there is strength in union- as proven in the Revolutionary War- thus adopting the Constitution would strengthen America as a whole while also assuaging the tensions between the states of that time.…

    • 1209 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    America Should Correct the Constitution Over two hundred years ago a formal document was created to establish the basic rules of America’s government; what the writers did not know, however, was that the world has changed over the many years in between then and now. The Constitution was written in a formal language, which is difficult to understand today; furthermore, the document still allowed slavery to be legal. An idea brought up today, one that even Thomas Jefferson himself suggested, was that every generation the constitution was repaired to help go along with the modern world. If the idea is put into action it would spark a whole new meaning of the living document.…

    • 312 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    I would say it is a good thing. The Texas Constitution is drawn out, nitty gritty, and holds a few statutory procurements that depict precisely what the government can and can't do. The Texas Constitution is accountable for several programs that impact our day by day lives. However, since the Texas Constitution has been amended so many times it gets hard to read and comprehend which is the reason the court system spends a lot of time deciphering the Texas Constitution. As expressed in Chapter two revisions are required due to the limitation of the constitution.…

    • 117 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Most people wouldn’t know most of the things that the Constitution says in it. It is becoming old and people are forgetting about it. Sure the Constitution is ubiquitous, but it is also unknown to some people. The U.S. Constitution is an extraordinary document.…

    • 596 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    As a document written many years ago, it has been interpreted in different ways, which makes it a living document. “The proper role of the Supreme Court, it is said, is to interpret the Constitution, not rewrite it” (Shaman, 2001). As a living document “We the People” attempt to use the words of the constitution to benefit us, both in a negative and positive manner. Past, present, and the future pose a disadvantage to the written constitution. Attempting to change the Constitution of the United States will take a long process and time, therefore interpreting the constitution makes it easier for the…

    • 1756 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    The United States Constitution overcame the weaknesses of the Articles of Confederation and provided for the organization of the new government. In the 1780s, the United States created their first form of government after the colonists won the Revolutionary War against the British. The Articles of Confederation was a very weak form of government that had multiple flaws. At the Constitutional Convention, the Great Compromise, the Electoral College, and the Three-Fifths Compromise were made to satisfy everyone’s needs. The Debate Over the Constitution was between the federalists and the anti-federalists.…

    • 493 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The situation in question is the status of the Constitution 's life, or lack thereof. Is it a living document, or is it dead? That is, should it be interpreted differently, according to the times, or interpreted precisely as it was intended to be when written? This question is hotly debated throughout politics, as its answer can determine how crucial legal…

    • 1139 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    “We the People of the United States, in Order to form a more perfect Union,” This is the start of the preamble of the constitution. But many people have been arguing about how we will make a perfect union. Some people the anti-federalists believe that we need a bill of rights to go along with our constitution before we can ratify or approve it. Others, the federalists believe the constitution is perfect the way it is and want to ratify the constitution as soon as possible. I was called to explain my opinion on this matter, what the argument is about and the true facts behind the constitution and ratifying it, so that you can have your own opinions and ideas on if we should ratifying the constitution as is or with a bill of rights.…

    • 695 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The United States Constitution was established on September 17th, 1787. It currently stands as one of the most influential documents in American history. One of its most powerful aspects are the laws of the land that have been created to form structure and equality. These rules and commandments are what shape national government and give a basis for political hearings. If any of these amendments were to be taken out and/or replaced, then it would change the whole makeup of government and freedom.…

    • 1032 Words
    • 4 Pages
    Improved Essays