Premium Essay

Why Do We Have A Living Constitution

Submitted By
Words 1178
Pages 5
Do we have a living Constitution and should we have a living Constitution? A living Constitution is one that changes with times; one that is continuously evolving and adapting to new ways of life and circumstances without being formally amended and changed. On one side of the argument, the answer to the question must be yes: a living Constitution seems like the only realistic option, as every generation faces different issues that must be politically dealt with in ways that are modern and efficient. Our Constitution, the document that was created around 230 years ago and currently resides under a glass bubble at the National Archives, can be amended and changed with the times, however, the amendment process is long, exhausting and most of the times unsuccessful. …show more content…
The nation has acquired territory, power, and its population has multiplied exponentially several times over. Technology has developed, the economy has grown, and the domestic and international affairs have changed in ways that could not be anticipated when the Constitution was created and ratified. Though it would be expected that the ponderous amendment process had kept up with societal changes, that is not the reality. The cumbersome process prevents any amendments that are relevant to today's time from actually passing. Thus, it seems inevitable that the Constitution should be a living document and be interpreted in a way that gives room for change to fit the needs of the new generation. A living Constitution is incontrovertibly a good thing, because an unchanging Constitution, one whose ideals are not compatible with contemporary cultural norms would be disregarded and ultimately become a hindrance; an inconsequential document, that prevents the government and our society from making progress and competently working to solve germane and modern

Similar Documents

Premium Essay

Federalist Articles

...The constitution can be defined as the supreme law of the United States of America,that establishes rules and distinctive powers of the federal Government. Keith Whittington on his report,How to read the constitution, precisely defines the constitution as “an act of communication, of instruction, from the supreme lawmaker within the American constitutional system to government officials. It conveys their intentions as to what power government officials would have, how that power would be organized, to what legitimate purposes that power could be used, and what limitations there would be on that power”(Whittington,2006). On looking at the constitution written by our founding fathers,it clearly begins by explaining why it was established and the underlying reason of protecting and upholding the fundamental values and interests of the American people.It starts by declaring “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America”(The constitution,1787). In article one, it talks of the representation of all the states and rotational election of senators(which I think is important in a democratic government) as well as the making of the necessary laws empowering the government in its execution of...

Words: 2742 - Pages: 11

Premium Essay

The Texas Constitution

...is really known for having a really confusing and long constitution compared to the rest of the states in the United States. The United States Constitution is actually shorter than Texas. The average constitution is around 26,000 words, being compared to the United States constitution of 0000 words. But then here is Big Ole Texas coming in around 650 amendments doubling the average word count. The Texas constitution is confusing in structure, very verbose, has many outdated provisions, numerous grammatical errors and many more. In the New York Times it states that, “A constitution can not work if it tries to spell everything out.” That is the exact problem Texas has. To have order one needs...

Words: 666 - Pages: 3

Premium Essay

Alexander Hamilton's Argument Against The Bill Of Rights

...Yes and No! Alexander Hamilton expressed his concerns in Federalist Paper No. 84, "Bill of rights. He believed it was not only unnecessary in the proposed Constitution, but would even be dangerous." Hamilton asks, "For why declare that things shall not be done by Congress which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given to Congress by which restrictions may be imposed?" Hamilton's argument was that Congress can only do what the Constitution specifically gives it authority to do. Powers not granted belong to the people and the states. Another way of putting Hamilton's concern to theory. Why have an amendment prohibiting Congress from interfering on our right to play hopscotch when the Constitution gives Congress no authority to interfere upon our hopscotch rights in the first place? Alexander Hamilton added that a Bill of Rights would "contain various exceptions to powers not granted and, would afford a colorable pretext to claim more powers than were granted. To mollify Alexander Hamilton's fears about how a Bill of Rights might be used as a pretext to interfere on human rights, the Framers added the Ninth Amendment. Boiled down to its basics, the Ninth...

Words: 568 - Pages: 3

Free Essay

Social Work and Human Rights

...took his own life just two days after, becoming one of the at least five people in the Goldfields-Esperance region who have committed suicide in the past two months leading up to Christmas. The journey of the 17 year old Ms. Lansen, who comes from a remote Aboriginal town, has not been easy but in the interview to (1) ABC News she stated that she could cope owing to the support from family, friends and range of core local services. Her environment was in contrast to that of the troubled youth whose death highlights the sense of hopelessness, radicalized and economic inequality. The deceased youth’s uncle, Trevor Donaldson, is demanding a safe house set up for troubled aboriginal youth in Goldfields, Western Australia. The human rights issue which can be seen in the light of just these two unbiased media reports is how presence or absence of some core local services can change the direction in which the life takes the Aboriginals in this case. (2) Western Australia leads the Aboriginal suicide rates, with 35.8 per 100,000 Aboriginal populations, the major drivers for suicide among Aboriginals being disempowerment, poverty and racism. The Issue The bigger human rights issue that I see here is exclusion of Aboriginal and Torres Strait Islander peoples from Australia’s Constitution. The fact that, Aboriginal and Torres Strait Islander peoples are the oldest living civilization of the world, and despite having...

Words: 2243 - Pages: 9

Premium Essay

Nt1310 Unit 1

...philosophers? • Where does government get its right to govern, according to the natural rights philosophers? • What is a social compact? Do you think this is the best way to create a government? Why or why not? • What beliefs about rights were important to the American colonists? • What rights do you think people should have? • What is republican government? • Why did Montesquieu believe that the powers of republican government should be separated among different branches or groups in the government? • What was the purpose of balancing the powers among different groups in the government? • Why should each group...

Words: 977 - Pages: 4

Premium Essay

New Convention

...Should There be Another Constitutional Convention? The Articles of Confederation was he first federal “constitution” to be upheld in the thirteen colonies. Unfortunately, under the Articles, Congress was given no power over the states so that the country could grow into an actual functioning society, though there were certain things that they did have control over, such as create war and peace time, conduct foreign affairs and etc. But under the Articles, “But Congress could not collect taxes and enforce laws directly; it had to rely on the states to provide money and enforce its laws. . .”(Dye 61). Essentially, the states did what they felt was right beneath their own respective state level government. “No respect is paid to the federal authority. Not a single state complies with the requisitions[submitted by Congress]” (Nardo 18). The Founding Fathers were disturbed by the utter discord the nation seemed to be in. Deciding that enough was enough in May of 1797, twelve of the thirteen colonies delegates, 55 delegates, gathered together in the State House of Philadelphia to, originally, fix and tweak the bugs out of the Articles of Confederation. But instead of fixing the Articles, James Madison decided that it would be better to scrap the whole document and create a whole new federal constitution. James Madison was intent on drafting a new constitution that would create a stronger, central government: The Virginia Plan. “. . . he by no means wanted that government to be so...

Words: 2073 - Pages: 9

Free Essay

How to Start Ngo in Ghana

...time to time.) This document covers five main steps essential to setting up an NGO in Ghana. The first two are generic steps for anywhere in the world. The final three steps are for Ghana, specifically. Feel free to share this document with anyone who may be starting their own NGO anywhere. 1. 2. 3. 4. 5. Develop Your Vision and Mission Develop Goals and Objectives Set up a Board of Directors Draft a Constitution Register the Organization in Ghana 1. Develop Your Vision and Mission You need a compelling vision and genuine commitment to that vision for the long-term. If you do things right you will go MaD (making a difference) in a way that fully benefits your target communities. Vision and Mission will explain your organization’s existence and focus its activities. And, this will “sell” your NGO to the world. Writing a vision and mission is like crafting an elevator pitch: make it short, clear and a little intriguing. But let’s look at the difference between vision and mission first. By Godwin Yidana and Gayle Pescud www.g-lish.org Authors of the Insider’s Travel & Living Guide to Ghana Insider’s Volunteering Guide to Ghana How to Start an NGO or Non-Profit in Ghana 2 Vision Your NGO’s vision is what the community would be if the problem is solved. A vision is the "ideal situation" that you hope to achieve. At the most...

Words: 3659 - Pages: 15

Premium Essay

9/11 Analysis

...Imagine living in the world where one person can do whatever he feels like whenever he likes. On top of all that he is the person that controls The United States of America. Do we really want to let our president slowly get the power to do anything he wants? Do we want a dictator to rule the United States? By letting the President Obama bomb whoever he feels like was part of 9/11 without even talking to the Congress is giving The President of The United States way too much power. In 15 years the president has bombed 6 countries without congress approval that he had felt had something to do with 9/11. In this article we will talk about why it is wrong that the president has the power to bomb anyone, also we will talk about what power the president has, and what power the congress has. Unfortunately the majority of American does not know the power the president has and to what extent he can use it. According to Article II of the US Constitution the president has the power to control the military which includes The Army, The Navy, and The National Guard; however the president cannot send the Army off to war without the...

Words: 587 - Pages: 3

Premium Essay

Philosophy

...* Ratifying the Constitution: Anti-Federalists vs. Federalists If you were asked to pick a side, would you stand as a Federalist or Anti-Federalists? (why) If asked to pick a side, Anti-Federalists or Federalists I would be a federalist. Federalists believed the Constitution was necessary in order to protect the liberty and independence that was gained from the Revolutionary War. The Federalists were filled with mostly, well educated people. While being more organized in their efforts, people were often influenced by their beliefs. Americans had just been created and were being introduced to freedom of speech. Tyranny wasn’t an option in the states. No one would stand for it again. In order for that to happen, we would need the Constitution. During the time after the Declaration of Independence, America was still in the process of creation. Government wasn’t perfected quite yet. Problems were still be faced due to the Articles of Confederation. The problems that came along with it were • Unanimous approval for voting from all 13 states • They cannot regulate trade • No power to tax • No executive branch • No army or military Hopefully, the Constitution could change things. We would have three branches of government. The judicial, legislative, and executive branch. Each branch had equal ruling, or power. Laws each branch wanted to pass would have to be passed along to other branches, and...

Words: 432 - Pages: 2

Premium Essay

Do We Need Government

...Running head: DO WE NEED GOVERNMENT? Do We Need Government? If so, What Should be its Role Abstract The topic of government has always been a large area of conflict. In the following, I will discuss why we need a government and I believe we do need a government. First, do we need government and if so, what role should be its role? I began my paper by addressing these questions by looking at the United States Constitution. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” People are the ones working alongside government to carry out these mandates stated in this important document. Do We Need Government? If so, What Should be its Role Role of Government In responding to the questions Do we need government? If so, what should be its role?, my answer has to be yes. Thomas Paine’s quote, “Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.” (Paine, 1995) is as true today as it was during the Revolutionary War when he wrote it. In my opinion, we need government and the government needs us, so that Americans can continue to work together with government in harmony, to keep our country growing and developing. Our forefathers escaped to the New World...

Words: 1542 - Pages: 7

Premium Essay

Are Corporations People

...The constitutional rights were intended for real persons, not artificial creations. Corporations use money to be successful; not the people that make up corporations. Corporations are heartless and do not care about people and their lives. I feel that corporations are not people. Are Corporations People There have been arguments since 1886, whether corporations are people or not. The constitution shield living beings from arbitrary government and endowed them with the right to speak assemble petition. The case of Santa Clara County vs. Southern pacific Railroad Co. was the beginning of corporate ‘personhood,’ under law. The defendant corporations are persons within the intent of the clause in the constitution of the United State. The Amendment forbids a state to deny any person within its jurisdiction the equal protect of laws. (p. 118 U.S. 395) I feel this was a great decision because no matter of race or circumstances; we should all be considered equal. Throughout the years there have been arguments whether corporations are ‘person’. Through this research I felt that the courts did not hear arguments whether the equal-protection provision of the 14th Amendment applies to the corporations. The court decision still allows laws that require financial regulations; as long as they do not treat corporations or unions differently from individuals. The History of Corporations Becoming ‘Person’ The history of corporations becoming ‘person,’ had its dubious origins in 1886. The...

Words: 1778 - Pages: 8

Premium Essay

Essay On The Fourth Amendment

...ten amendments to the Constitution, which are referred to as the Bill of Rights were the first rules that helped establish the new founding country. Moreover, these ten laws are based off the idea of a democratic society. Search and Seizure is the fourth amendment created and like the others is still in place today. Passed in September 25th,1789, this amendment as stated “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches, and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(Constitution n.d.). In other words,...

Words: 755 - Pages: 4

Premium Essay

America

...Sean Bouchard Eng101 TITLE IN THE WORKS Who have we become as a nation? What happened to the real and true American spirit? The spirit of individuality, freedom, and happiness? For too long I have seen this nation become sheep, become beggars, and whiners, always looking for a free handout and when they don’t get it, they whine and blame others, or the elites, for not giving them what they think they are owed. It’s as if America has become a nanny state. It’s because of this that I recently started looking into another way of thought, one that I feel is not just American, but truly human. I’m not gonna go on some rant on how things should have been but on how we can still make them. I want to make you wonder about another field of thought, of another way to guide your life and it may even improve it. It’s the thought of true Independence and Freedom. Most of all, I want you to start thinking. For quite a few years now I have been reading the works of Lysander Spooner, Murray Rothbard, Benjamin Tucker, and Henry Thoreau, Ralph Waldo Emerson and the lesser known William Buppert. All of these men have helped to shape my thinking and shape my beliefs (might be a bad thing, but I’m liking the freedom it’s given my mind). It’s given me a power I never truly felt before, the power to live a free life and the power to question. I always felt I lived a rather free life, I mean, we live in a free country right? Freedom to speak, to write, to get a job, to fail? I even felt...

Words: 2478 - Pages: 10

Free Essay

A Factor That Shows That Labour

...ordinary law. This is punier than parliamentary status and lets the government to take advantage of people as they didn’t have their rights to be answered by them. The Labour’s set down the Human Rights Act for the first time and protect UK citizens from state power as the result of the HRA. By 2000 they also gained the ‘Freedom of Information’ which meant that citizens had greater access to more information. The HRA can be seen efficient as it protects other nationals living in the UK to be taken back to their actual country if they know or been told that the person is going to be executed, like back in 2012, Qatada was going to be sent back to Jordan, but the government was informed that he’d be in danger if this happened, so they did not let him go. One factor that shows that Labour’s reforms did not go far enough and were not effective is also through the ‘Weak Protection of Rights’. For example, the UK’s constitution is uncodified. This is a problem as it’s not written in a single document but partly written and therefore can be altered by the government. It’s not binding with the UK parliament which means it remains weak as the government is too powerful for them to handle. A codified constitution would provide a greater protection for UK citizens, because they will be a law that everyone can stick with unlike Uncodified which allows many people to do want they want freely, thus showing that this reform did not go far enough and it’s ineffective. To conclude, I think...

Words: 390 - Pages: 2

Premium Essay

Test

... | |The Constitution | |What does the Constitution do? | |It sets up the government | |Defines the government | |Protects basic rights of Americans | |The idea of self-government is in the first three words of the Constitution. What are these words? | |We the People | |What is an amendment? | |A change (to the Constitution) | |An addition (to the Constitution) | |What do we call the first ten amendments to the Constitution? ...

Words: 1907 - Pages: 8