Constitution Outdated Analysis

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As an antifederalist, the Constitution should be amended according to the needs of the current American society. An Antifederalists argues against the Constitution in attempt to improve upon the rights guaranteed to the people. Contrary to this view, a Federalist believes that the Constitution is acceptable the way it is. However, this is false. The Constitution has several parts that are in need of updates in order to suit the current American society. One example of an update that needs to be made to the Constitution is the 9th amendment. The 9th amendment states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.” This means that there are certain rights that …show more content…
The 7th amendment states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law”. This means that if a civil issue exceeds the value of twenty dollars, than the case will be tried in court with a jury present. According to Gloria Browne-Marshall, a professor of Constitutional Law, “The Constitution in many ways, can be antiquated. It needs to be updated”. Browne-Marshall is stating that the 7th amendment is out of date. This amendment was created in the late 1700s, so twenty dollars was a decent amount of cash at that particular time. However, today, twenty dollars is basically nothing. The Framers of the Constitution failed to account for the inflation of the dollar, and that is why the amount for the right of a civil trial to be tried by jury should be updated to current society. A value that accounts for inflation since the addition of the Bill of Rights is approximately three hundred dollars, so that should be the new value for the seventh …show more content…
This is in accordance to the principle of federalism which is in favor of a strong central government and no or little change to the Constitution. Federalist point to the fact that the Constitution has kept our country together for over 200 years, so it must be doing something right. They explain how the Constitution brought about principles like popular sovereignty, limited government, separation of powers, checks and balances, and judicial review. For example, in the Constitution it says this regarding the principle of separation of powers, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”. This describes how the law making power was given to the Congress while the executive powers and judicial powers are vested elsewhere. Furthermore, Federalists will point to current day examples such as the Colin Kaepernick situation to boast how effective the 1st Amendment has been. According to Federalist.com, “The First Amendment protects people from being punished by the government for their speech. In that, Kaepernick and Rapinoe are secure”. Federalist will point to the fact that without the 1st amendment of the Constitution, Kaepernick and soccer player Megan Rapinoe would not be able to protest. However, just because the Constitution has

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