The constitution is just like the backbone of our country. Because it was written in a way that allows us to change it as the country changes; that is the reason it has survived for 225 years and most likely there will be many more years for it. There are four ways the Constitution changes, The Elastic Clause, Amendment Procedure as a Mechanism for Change, The Bill of Rights, and Supreme Court Decision. The Elastic Clause allows congress to make all laws necessary and proper for carrying into execution the foregoing powers. A court case that would represent this would be Miranda v. Arizona, in 1966, Ernesto Miranda, was arrested for rape and kidnapping. They took him and interrogated him for 2 hours, but they forgot to inform him of his right to an attorney or that anything he said could be used against him in court. This case provides the evidence that the Constitution is a living breathing document, because by making this mistake there could be the possibility of getting away since they didn’t inform him of his rights. This is a fatal mistake and helps prove the Constitution is a living breathing document. …show more content…
Then the amendments must be ratified by Constitutional Convention in 3/4ths of states or ratified by 3/4th of State Legislatures. An Amendment that would represent this change would be the 19th, the Women’s Suffrage, which gives women the power to vote. It show that the Constitution is a living breathing document because as we progress as a country we change our opinions. Back when we were still segregated nobody ever thought that blacks and whites would go to the same restaurants or use the same drinking fountains. Peoples opinions about women changed; people used to think that women weren't good for much. When everyone accepted them they changed the constitution to include
For many, the Constitution is the document meant too symbolize the freedom and liberty associated with America; over the course of a few years the most important aspects of a nation were created that still affect generations.
...n of Senators, Prohibition, and Women's Right to Vote, respectively. All of these amendments drastically reformed the United States on a national level. This was done for the betterment of the nation, and the lives of the citizens of the United States were changed forever.
A Constitution is a set of rules put in place to govern a country, by which the parliament, executive and judiciary must abide by in law making and administering justice. In many countries, these laws are easily changed, while in Australia, a referendum process must take place to alter the wording of the Constitution (Commonwealth of Australia, date unknown, South Australian Schools Constitutional Convention Committee 2001). Since the introduction of the Australian Constitution in January 1901, there have been sufficient proposals to alter and insert sections within the body to reflect the societal values of the day, ensuring the Constitution remains relevant to the Australian people. Although Constitutional reform can be made on a arrangement of matters, the latest protests on Indigenous recognition and racial references within the body of the Constitution has called into question the validity of racial inclusion, and whether amendments should be made to allow for recognition. This essay will focus on the necessity of these amendments and evaluate the likelihood of change through the process of referenda.
The 19th Amendment recognized the right of women to participate in politics equally like men. Well, do you know when it was ratified? It was on August 8th, 1920, which is really recent. After more than seventy years of relentless work, women finally won the struggle. The 19th Amendment to the U.S. Constitution prevents the United States federal government and the states from denying the right of citizens to vote on the basis of their sex. In other words, it guarantees the right to vote for all Americans including blacks and women. This amendment resulted in some impacts on American society. It also resulted in a significant change in American politics.
Admittedly, attempting to rewrite the constitution requires time, money, and diligence, with no guarantee of success. Completely rewriting the constitution could also be a risky undertaking (Brown et al. 74). The drafters of the new constitution would have to take special precautions to ensure that many of the current constitution’s positive aspects would not be changed. For example, the Texas Constitution has the Texas Equal Legal Rights Amendment (ELRA) which states, “Equality under the law shall not be denied or abridged because or sex, race, color, creed, or national origin” (TX Const. art. I, sec. 3). Although proposed, the equivalent Equal Rights Amendment (ERA) for the United States Constitution has never passed. The drafters of the new constitution would have to devote the time in an off-year special session to ensure that vital aspects such as this
When it comes to the Constitution, I believe it should be updated every couple of years, because our world and technology is changing. By having the same laws, we are not moving on from the past and advancing. We do need more equal representation when it comes to Senate, and we need more rights for women, Native Americans and African Americans. Since the Constitution is outdated and was mostly written by a group of men in 1787 that were mostly republican, it is seen as more of a republican document than a democratic
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
In 1787, The United States of America formally replaced the Articles of Confederation with a wholly new governing document, written by the delegates who attended the Constitutional Convention in Philadelphia. This document, known as the Constitution, has served as the supreme law of our land for the past 228 years. It has stood the test of time and a majority of Americans still support it today (Dougherty). The Constitution was designed in a way that allows for it to be amended, in order to address changing societal needs. Article V discusses the process by which the Constitution can be altered. This feature has enabled it to stay in effect and keep up with current times. The Constitution should not be rewritten every 19 years because it would not only weaken its importance, but it would also hurt foreign relations and continuously rewriting it would give political parties too much power.
There are 33 amendments that have been offered up by Congress of those six flopped ratification by the mandatory three quarters of the state senates and four are officially still awaiting decision before state politicians. Beginning with the eighteenth amendment every amendment that was presented except for the nineteenth amendment and the still unresolved child labor amendment of 1924 has a definite time limit for ratification. There lies a mystery in the very first Thirteenth Amendment, the Titles of Nobility Amendment presented in 1810, which would have eliminated the citizenship of any American acquiring a title of nobility or honor from any foreign power or otherwise, the mystery is whether this amendment was ratified and has been illegally removed from the Constitution (Mount, 2010).
Each article explains a different part of the government or its citizens. For example, the first 3 Articles talk about the 3 different branches of government along with their powers. While the Bill of Rights talks specifically about individual rights. There are a total of 7 Articles within the Constitution. They all have a different purposes to serve and they all explain something different. Along with the Articles if the Constitution, there are many amendments. Approximately 11,539 proposals to amend the Constitution have been introduced in Congress since 1789. But only 31 amendments have been passed so far. The amendment process is so long and hard that many of the amendments can’t even get out of the Congressional Committee. It was made this way on
When 55 men met in a crowded, hot building in Philadelphia to write the Constitution two hundred years ago, they wrote a code of law that fit their specific needs. In that time, Mozart was still composing sonatas, moons of Uranus were still being discovered, and the Columbia completed the first United States voyage around the world. Today, we still have the Constitution, a beautiful document that creates a wonderful government for this great country. The legal system set forth by the Constitution was revolutionary, and managed to survive despite the doubts of the rest of the world. Perhaps one of the most beautiful parts of the Constitution is the fact that it is still in use today, and not in the same way that it was used back in 1787. The
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government. After the American Revolution, each of the original 13 colonies operated under its own rules of government. Most states were against any form of centralized rule from the government. They feared that what happened in England would happen again. They decided to write the Articles of Confederation, which was ratified in 1781. It was not effective and it led to many problems. The central government could not regulate commerce between states, deal with foreign governments or settle disputes. The country was falling apart at its seams. The central government could not provide assistance to the state because there wasn’t a central army. When they realized that the Articles of Confederation was not up to par, they held a convention, known as the Constitutional Convention of 1787. As a result of t...
...ng to our benefit. Congress has several important and express responsibilities and while at times they may attempt to flex those powers in ways we don't agree with, or take the necessary and proper clause a little too liberally, we the people are always free to challenge them and utilize the powers given to us as free citizens to help decide how far those powers can really extend.
The United States constitution is said to be unique compared to any other forms of law. There are four ideal concepts that set the constitution apart from any other law. The four ideal concepts is representative-democracy, federalism, separation of powers, and interpretation (Marks; 9/8/16). All of these concepts were different from the other world governments at the time in 1787. Most likely taking influence from Jean-Jacques Rousseau and John Locke, the U.S. constitution tries to establish trust between the people and the government. It sets up limitations, functions, hierarchies, and constant debate. The constitution serves as a benchmark and a reference point to see what the government can and cannot do.
The “necessary and proper” clause was included in the Constitution to allow for an “active and powerful government.” It is also known as the Elastic Clause and basically stated that the national government had the ability to pass any law that was necessary and proper to carry out national business. John Marshall expanded the interpretation of the “necessary and proper” mainly through the Supreme Court decision in McCulloch v. Maryland. His decision that a state could not tax an agency of the national government was not the only outcome of the court case. Marshall took the opportunity to say that even though it is not mentioned in the Constitution, the national government has the right ...