Bill Of Rights Argument Analysis

Improved Essays
Although the documents that form the Constitution and Bill of Rights are known to be centuries old, we as a nation must understand that the documents were written in a definite and established manner that allows the country to strive during any time or century.
First off, looking back to 1787 when the Constitution was first written you could understand why and how the amendments were formulated. In present day you can examine the Constitution and realize how it was composed in a vague manner to allow a multitude of interpretations to develop regardless of the situation and time. According to Exploring Constitutional Conflicts by Doug Linder, “Originalism better respects the notion of the Constitution as a binding contract.” Our constitution
…show more content…
If we were in a country that had a living Constitution, we would have to manage all the opposing decisions and ideas from every court and judge we would face. Author David A. Strauss sums it up well when he said. “So a living Constitution becomes not the Constitution at all; in fact it is not even law any more. It is just some gauzy ideas that appeal to the judges who happen to be in power at a particular time and that they impose on the rest of us.” When these documents are fixed it grants the justice system, especially court officials a structured document of laws that they can make their decisions off …show more content…
The Constitution as a fixed document provides a stable environment for all citizens. As humans it is difficult for all of us to agree on one thing or another, so we need some structure and authority to hold us together as a society. If we constantly change the one thing that we are to follow as citizens, then we change the nation as a whole. The people are always entitled to their own opinions and debates, but if revisions are made to the amendments each time a proposal is brought to the table then there is no control or structure in the government.
The overall message that I am trying to bring across is that continuing to have a fixed Constitution is only going to strengthen the country. Although the amendments were fitting to situations occurring during the 18th century they are still up for interpretation today. The constitution also brings balance to the power courts have and finally it brings structure to the people and the justice system. We have lived centuries acknowledging and supporting the amendments written in the Constitution and changing the document that is the Nation’s backbone is changing the nation as a

Related Documents

  • Improved Essays

    Newell Prindle Jr Summary

    • 726 Words
    • 3 Pages

    A loosely detailed constitution can lead to confusion and misinterpretation, which causes fighting and chaos. Flexibility is also a key part of success. An inflexible amendment process would not work because diverse, new issues arise in our society. A rigid system rules and regulations would prevent government officials from fixing the diverse issues brought up in the future. Flexibility was utilized by the government in the past, and it aids government officials with the modernizing, diverse, ever-changing state of Texas.…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    How Not to Read the Constitution? The Constitution was created to outline the new government of the United States. It also outlines the rights to every citizen of the United States. It was created in 1787 after the previous attempt at outlining the government the “Articles of Federation” deteriorated.…

    • 389 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The United States Constitution is a document dependent on each amendment to form America and everything it is: the good, the bad, and the ugly. When looking at the Constitution as a whole a single amendment may seem insignificant, but this mindset it inaccurate. Each amendment can be seem as a bolt on the tires connected to the car we call America: if one it is taken away the rest of the car will slowly fall as well. The idea is that each amendment can be seen with the same importance as the next one and how removing an amendment causes an alteration in history.…

    • 451 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Us Constitution Dbq

    • 735 Words
    • 3 Pages

    United States Constitution Before there was even a constitution to amend and abide by, the United States government followed the Articles of Confederation. After years of the system’s lack of efficiency, the constitution was created. The constitution was a new system of necessary laws that limited governmental power and distributed it among the states. It played a major role in the lives of past Americans and continues to do so today.…

    • 735 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Us Constitution Dbq

    • 1075 Words
    • 5 Pages

    The United States Constitution was written over the course of nearly four months and quickly became the most important document in U.S. history. Many of this historic document’s ideals can be found in two very important documents from the past. Both of these documents contained public rulers transferring their power to the people.…

    • 1075 Words
    • 5 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
  • Superior Essays

    Under America’s first governing document, the Articles of Confederation, the national government grew weak and states operated like independent countries. In response to this the delegates at the 1787 convention which was originally set to ratify the Articles of Confederation devised a plan for a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances to ensure that no one branch would ever gain too much power. The U.S. Constitution established America’s national government and fundamental laws, while guaranteeing that certain basic rights for its citizens would be established and protected. It was signed on September 17, 1787, by delegates to the Constitutional Convention…

    • 1481 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In James Madison’s Federalist 49, written in 1788, he lays out his argument for why constitutional revision should be limited. He believes that, in response to Thomas Jefferson’s idea of frequent revision that being every 19-20 years, that this recurrent change to the constitution would ultimately lead to the people’s intolerance of the government in the sense that they would begin to believe that it was defective and could not be fixed. In the eyes…

    • 1344 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    What was once “regarded as the mixture of law, custom, conventions of governance and institutions existing at any one moment” were instead “charters creating institutions that would henceforth act under the authority they bestowed.” Under this view, constitutions were now the law of the land, even placing it above the highest official in the government. Because of this, any law enacted by the government had to fall under the guidelines of the Constitution, and if the law were to fall outside the guidelines, it could be deemed unconstitutional. In “Four Letters Interesting Subjects”, the author attempts to define the word constitution. The author states that constitutions serve two main purposes: 1) to decide what the form of government should be and 2) what powers should the government have.…

    • 1544 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Bill Of Rights Dbq

    • 1873 Words
    • 8 Pages

    The constitution was a carefully constructed confabulation based on the philosophy of John Hobbes and John Calvin. It was not necessarily designed to confuse the constituency and create a transient democracy, but to balance power between mob rule and rule by monarchy by creating an enduring republic. The constitution was based off of Hobbes and Calvin to a small degree, as the Fathers believed the people did not always know what was right and they feared being overthrown by mob rule. However, they feared tyranny even more, and wanted to create a system of government to avoid this from occurring. True democracy would lead to either of those occurring, so they created a system to express what the majority of the people though with a system of…

    • 1873 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Since the creation of the constitution, the world around us has changed tremendously. What may have seemed normal in 1787, has drastically changed over time. As the times of the world have passed and the modern age of American civilization have developed through the sciences and industrialization, so have the circumstances involving the interpretation of this ageless document. Through adaptation, there are two ways to apply the context of the constitution to modern times. The first is to Amend the constitution and the other is to apply a living constitution methodology.…

    • 212 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Framers Fault

    • 565 Words
    • 3 Pages

    The Framer’s Fault The constitution of United state of America was written in 1789. The constitution is the most important piece of legislature on how our system works. It contains all the rules, articles, and the Amendments that everyone in the Untied States should follow. It was written by the framers.…

    • 565 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Amendment Essay The purpose of the Constitution is to set up an organized government with rules and regulations that can be changed if needed through amendments. By adding the Bill of Rights, the Constitution became a living document that could evolve and adapt as our nation grows. The Bill of Rights gives us the ability to govern ourselves in the future, enjoy many freedoms that people in some other countries do not have, and change with the times. The amendments specify our rights and liberties, and protects us from being swayed by popular opinion or abusive government officials.…

    • 1335 Words
    • 6 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

    As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. " - Thomas Jefferson The first quote identifies one of the unanimous beliefs of the founding fathers as to the relevance and purpose of the Constitution; it was meant to be absolute. The Constitution puts a significant amount of effort into preventing the anyone, in particular the government, from having too much power. But none of that would matter if they took a step beyond the text, or in other words, disregarded the boundaries set out in the…

    • 1144 Words
    • 5 Pages
    Improved Essays