The Constitution Pros And Cons

Improved Essays
Over the years, there have been many debates regarding the constitution. One common debate being whether or not the constitution is flexible enough to live through the generations. Jefferson, a founding father, has stated, “The Constitution belongs to the living and not the dead.” This statement does allude to the longevity of the Constitution, as can be demonstrated through the amendment process, the elastic clause, and judicial review. The amendment process has allowed the United States government to amend the Constitution. By the founding fathers adding this process to the constitution, they ensured that the constitution will always be able to be amended to align with society ideals. This was the case with the 14th amendment. Previous to the time that the 14th amendment was passed, African-Americans had just been freed from slavery. Despite them being freed, they were not treated as citizens, even though that was the intention of the 13th amendment. Because society at the time called for citizenship for African Americans, the US government ended up needing to create an amendment in order fro the constitution to keep up the pace with society. Another example would be the 18th and the 21st amendment. Right before the first alcohol related amendment was added to the constitution, many people had several grievances towards the consumption of alcohol. These grievances eventually led to the ratification of the 18th amendment. However, after this amendment was passed crime rates skyrocketed. More people than ever before began drinking alcohol illegally. This led the government to create an amendment that continued the spirit of the 18th but also canceled out the 18th amendment. Both of these amendments demonstrate how the amendment process has allowed the constitution to serve “the living and not the dead,” since both amendments have allowed the constitution to continue to be relevant to society and its ideals. Over the course of the years, the elastic clause has allowed for the government to do things that are not stated in the constitution they can do. This alludes to longevity of the Constitution because it demonstrates how the government can create legislatures that fit the needs of society at that time, despite that power of Congress not bring explicitly stated in the constitution. Where as if this were not to be allowed, the government itself would be outdated and would, in a …show more content…
Another method in which the constitution demonstrates that it was created to benefit those that are alive would be the power of the judicial branch. A power that at one point was not stated in the Constitution; Judicial review. Judicial review has allowed for the government to amend the constitution, in a sense, without actually changing anything in the constitution except for how it is interpreted. Just by changing how the constitution is interpreted, the judicial branch is able to change it so that it can support the ideals of the present society. Such can be demonstrated in the case Roe v Wade. Prior to this case, it was looked down upon for people to be supporting abortions. However, after this case interpreted the Constitution to respect the privacy of people, and for the privacy to include abortions, many more people began to be supportive of supporting them. This demonstrates how judicial review has allowed the constitution to be and continue to be relevant through numerous

Related Documents

  • Improved Essays

    There are similarities between the two governments but the structure of the Constitution is better than its predecessor the Articles of Confederation. To support this claim, there are multiple forms of textual evidence that can be used. To start, when the Constitution was first introduced as an improvement to the A.of C. two noteworthy rebellions are caused. (Doc. D and Doc. E.)…

    • 727 Words
    • 3 Pages
    Improved 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

    Roe V. Wade Summary

    • 624 Words
    • 3 Pages

    In a 7-2 decision, the Court ruled that the statute violated Roe’s constitutional right to privacy. The Court argued that the Constitution’s 1st, 4th, 9th, and 14th Amendments protect an individual’s “zone of privacy” against state laws and cited past cases ruling that child rearing, marriage, and contraception are activities covered in this “zone of privacy.” They then aruged that the “zone of privacy” was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” The decision itself involved physical, psychological, and economic stresses a pregnant woman must face. Because abortion lies within a woman’s “zone of privacy,” the decision is a fundamental right protected by the Constitution from regulation by the states, so laws regulating abortion must sufficiently “important.”…

    • 624 Words
    • 3 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 State of Texas has many things going for itself from its growing economy to Chuck Norris but unfortunately its state constitution simply does not make the list. When it comes to Texas, political scientist John E. Paynter had one thing right in regards to its state constitution; it is a “perfect example of how not to write one”. The current Texas constitution is commonly referred as the Constitution of 1876. Since 2015, the legislature has proposed a total of 673 amendments.…

    • 823 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    . Here in the states, the topic as of late is the constitution; whether ratification of the document should happen, or whether it should not be ratified. The year is 1788 and the debate about the ratification of the U.S constitution is quite the topic among everyone including everyday citizens, in which everyone has an opinion on the topic, myself included. The U.S has the articles of confederation in place however, state delegates believed that the articles where weak, and something needed to be done to make the government stronger.…

    • 915 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Amending the Federal Constitution is not as easy as it may seem to be. The framers of the constitution have made it the formal amending process very difficult. These individuals believed that they would be allowing a future revolution to occur if they were to make their document too rigid or even if they wrote it so that it could not be revised to suit future time. The framers wanted to create a firm basis for the exercise of governmental power. At the 1787 convention, George Mason noted that changes would be necessary and essential.…

    • 614 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    There are several arguments encased in this reading. Although, the main argument is to initiate Article V of the constitution with the proposition over turning Judicial term limits. Within the United States constitution, it states if you need to amend, it can happen by two approaches, one being a state convention in order to gain approval for Congress to pass and ratify another amendment. For this convention to convene you need a total of thirty- four states participation and only some have initiated the process. The judges in the judiciary system, especially in the high court, serve until they retire or pass away.…

    • 328 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Constitution is designed to provide United States citizens an opportunity to run for office regardless of social standing, the balance of powers contained within prevent any one person or group from controlling the country as a monarch, and compromises within the Bill of Rights guaranteed the rights of the individual. Although Young’s essay explained some of the thoughts behind the writers of the Constitution, Rakove explained the writing and motives in a more insightful manner as to how it directly related to the final draft. His focus was on how the founders’ decisions directly affected the American people and their ability to participate in government, no matter their station in society. The Constitution was written in a time where monarchy was prevalent and the idea of people ruling themselves was considered a foolish experiment that would produce a weak government. Today, the experiment in democracy has proved a success in ours and other nations.…

    • 925 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Constitution, way to govern the country , was first made in September 17, 1787. After making of constitution , the coutry goes to the various stages of development and it goes on . That is why we are here upto the age of science and technology . Since that time we got into various type of political movements and we got various types of achievements which secures fundamental rights to the additional rights. We , the people, have got abundace of freedom and secureness due to constitution in comparision to the other countries of the world .…

    • 488 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    This paper reflects upon the establishment of the Fourth Amendment, added as part of the Bill of Rights on December 15, 1791. From the colonial era to the establishment of the United States Constitution in September 17, 1787, Philadelphia. The implementation of the United States Supreme Court in 1789; under the Judiciary Act of 1789. The many challenges surrounding the notion that “Every man 's home is his castle” The Constitution of the United States: Fourth Amendment Rights…

    • 1756 Words
    • 8 Pages
    Superior Essays
  • Decent Essays

    The elastic clause, which is found in Article 1, Section 8, Clause 18, states that congress may pass all laws necessary and proper.…

    • 859 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    The Roe V. Wade Case

    • 1141 Words
    • 5 Pages

    The court’s decision for Jane Roe in the the Roe v. Wade case also made a huge impact on the United States. The Roe v. Wade case is still being argued about today, forty three years after the fact. This is because the Roe v. Wade case is about more than simply abortion rights. In the book Landmark Supreme court cases, it states, “The aftermath of Roe thus has been characterized not only by unfolding terms and conditions of the right of privacy, but by an intensified debate over the court’s function” (Lively 327). The decision was made because of the right of privacy, but it is hard to tell what matters fall under the category of private.…

    • 1141 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Constitution’s strength of guaranteeing and protecting individual rights would be to continuously ratify the Constitution. According to Fine & Levin-Waldman (2016), The U.S. Constitution is built on the central idea that if power is divided among three branches of government, and each branch has separate functions, no one branch will have sufficient power to encroach upon the rights and liberties of individuals. Thinking back to when the Constitution was first ratified and the Bill of Rights was added, individual rights started to be protected further and further. Amendments that have ratified the Constitution since have also worked to help protect more individual and even group rights. Due to these additional amendments that furthered guaranteed and provided protection individual rights, in order to maintain this strength, more amendments will be needed in the future.…

    • 802 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    In 1973, the case Roe v. Wade made a huge impact on the future of abortion. The Supreme Court made a historic decision and sanctioned a person’s right to choose whether they want to terminate an unwelcome pregnancy. Women were since allowed to make the decision of whether they wanted an abortion during the beginning of a pregnancy. If a woman waits till a later date, there are restrictions on abortion policies. During the…

    • 2242 Words
    • 9 Pages
    Improved Essays