Abstract In this paper research will be done on the United State Constitution. Seeing if the Constitution is a living or non-living document. Also if the United States Constitution still is a document that the people can live up to with today’s issues, or should the document be rewritten. Knowing that the Constitution is over two hundred years old. Some people feel it might not live up to the today standards and that something should be done. By using the research from the textbook, journal articles, newspapers, and internet sources to make the argument. Also using my own knowledge to help out with the research. In this paper there will be two sides to the argument. One being that the document is still living and lives up to the standards …show more content…
This is one of the biggest questions wanting to be answered. In the article it states that “a living Constitution is one that evolves, changes over time, and adapts to new circumstances, without being formally amended”( Strauss, David A.). Meaning that yes, the Constitution in some ways still considered living. Also with the world changing so much you can’t expect the Constitution will change every time. Changing it every time something in the world comes about will get to a point where it’s too much for the government. “A common law Constitution is a "living" Constitution, but it is also one that can protect fundamental principles against transient public opinion, and it is not one that judges (or anyone else) can simply manipulate to fit their own ideas”( Strauss, David A). With today’s society and the way things are its hard to say whether or not this document is living or not. I still believe the Constitution is a non-living document. In another article I read, Scalia states that “that issues such as abortion and homosexuality do not appear in the Constitution makes them matters for which citizens and states can enact laws”( Patel, Ushma). Basically what he’s saying is that issues that are not supported in the Constitution make it not a living document. If the Constitution has to be modified in order to make everyone happy then that’s not living. We are supposed to go by the principles in the …show more content…
In the research that I found it shows both sides to the argument. You have some people that will argue for the Constitution as being living, because it can change. Then you have others like me that argue the Constitution is a non-living, dead document. In order for the document to be a living document to me, we should have to go by the principles that are already there. Making new laws and rules that we can go be to be put in the Constitution does not mean it living. The Constitution was made so that we would already have fundamental principles put in place so the state and the citizens can obey
The Constitution may be a mess and need amendments, but it covers our basic rights and freedoms. There are many clauses within it that assure these rights will be kept and not changed. In one one of the clauses it states that no bill shall be passed that would override
The Constitution of the United States was written in 1787, but there was a grapple for its ratification that went on until about two decades after the ratification. Members of Congress believed that the first government of the United States or the Articles of Confederation, needed to be adjusted while others did not want anything to change. After the Revolutionary War, the people did not want a strong central government, because it reminded them too much of what they were trying to escape from. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. The Constitution of 1787 created huge debates, arguments and splits in the nation that lasted for several year after its ratification between people who
However, even with the all the “freedom” and “liberty for all” sentiments, it does exclude a huge portion of the population. We are still dealing with the ramifications of exclusion to this days, even 240 years later. And by our own government enabling the same tyrannical oppression where people are not able to get the equal rights they deserve we are making this document invalid and not upholding the better fundamentals that the founding fathers
The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has.
The Nevada Constitution and the United States Constitution United States Government has a constitution that resembles the Constitution of the State of Nevada. This essay seeks to establish the significant differences in the amendment process, the branches of government and the relationship between the people and government power in each document. Introduction The Constitution of the United States of America is known to be very old, probably the oldest federal constitution since the early 1780s. The Philadelphia states formed a delegation to frame the constitution in May 1787.
As for the United States constitution, the Texas state constitution of 1836 rose a major section of the of the
The new constitution, a document granting the framework for a new democratic government, replacing the Articles of the Confederation. This new document gained approval from some of the citizens, but also raised questions and concerns from others. There was a constant back and forth between the two groups on whether or not the constitution should be ratified. This editorial provides historical background on the issue and expresses my opinion on which side I would’ve chosen.
Constitution should be considered as living for two main reasons. First, the founding fathers did not have in mind all the advancements the United States would make while writing the Constitution. But most importantly, in some instances the U.S. Constitution is not applicable in today’s society which further hinders us from making progress and prevents our society from working in the way it
The Constitution was a document that was written by our Founding Fathers. It defines what our government is and what it does. It is the basic blueprint for all the laws in the country and it provides the three branches of the U.S government the power it needs to rule this nation effectively. But the Constitution wasn’t always how it is now, it used to be called the Articles of Confederation and it had many problems that are no longer present in our current Constitution.
Because of its vagueness, it will continue to adapt with the times. It can be determined that the Constitution was a good first step in the right
In the very beginning or the “birth,” of our United States government we did not have a constitution, in fact the democratic experiment did not begin in 1776. The American government went through several trial and errors to see what worked and what did not before creating and establishing the U.S. Constitution.
The Constitution of the United States was formed 223 years ago. Since 1787, a lot has changed. We grew as a country, technology advanced, and we elected 43 different presidents. One of witch, being the first African-American President in history. Due to its age, some may argue that the Constitution is irrelevant to today’s problems.
Why was the Constitution a controversial document even as it was being written? Established in 1787 The Constitution was a controversial document because it was a document that could both solve the nation’s hardships and warped the Republican foundation. The Constitution on one hand would give the people a voice and the other would control the nation through a monarchy system. One of the controversies that arose from the creation of the Constitution was the question of management of commerce.
Established on September 17, 1787, the U.S. Constitution established America’s national government and fundamental laws, and guaranteed rights for its citizens. The Constitution also represents the value and principles of democracy and republicanism that the United States of American stands by. This means that the Constitution regards to the American citizen as something that is held to deserve meaning the importance, worth, or usefulness of something. It also means its citizens come first in order of importance. The Constitution represents the value and principles of democracy and republicanism by stressing liberty and inalienable rights as central values, making the people as a whole sovereign, rejecting inherited political power, expecting citizens to be independent in their performance of civic duties, and vilifies corruption.
The meaning of the Constitution may be puzzling and unclear but I find that the Living Constitution approach is the most practical for making judgements about particular cases. If I were a justice in the Supreme Court, I would use this approach because it’s based on a system that the document of the Constitution sets up a set of timeless principles that are applied in today’s world and not simply based on the time when it was written. The Constitution should be used to help solve problems by coming up with what these principles mean when applied in today’s world. An example of this is the controversy of whether marriage can or cannot be denied to gay people because of equality.