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Written constitution
Constitution ambiguity and interpretation
Written constitution
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The constitution and the words written on it have been interpreted and twisted so many different ways by people in and out of the government to where now it is barley the same document it was back in 1788 when it was ratified. The constitution is not followed in the same way it was which means we are not following the constitution anymore and because of that, the U.S. should not even be following or even trying to follow the constitution anymore because it is not the same document that it was. The constitution is is interpreted so many different ways because of its broadness that almost anyone in the government can have their ¨own constitution¨, it is extremely outdated and there are amendments that are pointless or don't help present day ideals, …show more content…
The country and the world has become so technologically advanced that whole amendments and supreme court trials are unable to be dealt with how old the constitution is. For example, the third amendment is the quartering of soldiers saying that no household has to to hold a soldier in their house during times of peace or war. The last time full on warfare has touched the contiguous United States was the Civil War, and that was between United States citizens. There is no need to hold soldiers within households if anything the amendment should be changed to prevent homeless veterans by keeping them in hospitals or other federally controlled buildings. The Supreme Court and the Judicial branch now deal with cases about surveillance and modern technology which was never even a thought back in 1787. In a case about cell phone tracking this year, the justices talked about whether or not it is lawful to put a tracking device on the bottom of a person's car to track their destinations. () The judicial branch is in place to enforce the laws but how do you enforce a constitutional law that is not written? The Justices just placed it under the fourth amendment, which stated previously, is an extremely biased amendment because of the broadness of probable cause. There are so many situations and events the country never thought they would have to deal with back then so there needs to be un update to this outdated
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
There is much debate in political theory about the definition of a constitution. Generally, it is considered as a “single governing document”. If that is the case, then the U.S. Constitution is the oldest in the world (Berry, 2011). The Framers, upon writing it, aimed to create a document that would stand the test of time. Despite changes in population size, racial and religious components, and even the modern day technology, the objective has clearly been achieved. Elkins claims that this is primarily due to its flexibility. Judicial review interprets the document with the rapidly changing society in mind (as cited in Garza, 2008). Many state constitutions, on the other hand, have not survived as long. Since many have been written with specific people and localities in mind, they have not been able to adapt to change well. Louisiana, for example, has had 11 state constitutions. It is common today, for states to consider overhauling their current constitutions (Morris, Henson, & Fackler, 2011).
Throughout the American Revolution, the colonists were completely resentful towards their British 'king'. They yearned for their own government, and to finally set themselves apart from George III's rule and his legislation. When the Articles of Confederation were mandated, the expectation was to provide the colonies with a stable government. The Articles were then replaced by the Constitution, which had corresponding values. Essentially the document was written to salvage and improve the new government. The Constitution did many positive things for the nation, and was the perfect remedy for the failures of of the Articles. However, it is manifest that the authors of the document were not as honorable as they may have been assumed to be. How they drafted the document and the bias they have put into it is still greatly effects us. The Constitution is a counter-revolution because it contradicts the fails of the Articles, and is evident that some authors had more self-beneficial and narrow mindsets.
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
When the new Constitution was drafted, the ratification, the official approval by the people of the United States, sparked a national debate. People were shocked by the radical changes it proposed; they expected the convention to merely amend the Articles of Confederation. They were afraid of regressing back into a state under tyranny, a form of rule where a single or small group reigns with vast or absolute power. Americans had just fought for their freedom from the tyrannical rule of the king of England. All their efforts and revolutionary ideas would have gone to waste.
Did the Founding Fathers actually create the constitution to help us? Alternatively, did they create the constitution just to protect their beliefs and so on? The Founding Fathers was an elite group that sought to create a constitution for their own interests. Several members apart from this strategic group agreed to create the constitution only for their selfish ambitions. The Founding Fathers created the constitution rather than amend the Articles of Confederation. Just because some decline the ideas of others apart from the group, which created a break in the group. As a result, members of the elite group saw this as a way of starting over to fresh new start. Therefore, the person who always seemed to make everything a problem in this elite
The purpose of a revolution is to bring forth change in government and political standing. There has been revolutions happening throughout the course of history. The opposite of a revolution is a counter-revolution. A counter-revolution is revolution against a government recently established by a previous revolution. One particular culprit to the counter revolution is the United States' Constitution. This document is debated to be counter-revolutionary while still keeping the fundamental principles of the American Revolution alive. There is definitely proof for both arguments. Therefore, the U.S. Constitution was both a counter-revolutionary document and an extension to the American Revolution.
The U.S. Constitution was completed on September 17, 1789 and has served as a model for the constitutions of many other nations. The constitution of the United States of America is the oldest written national constitution in use and consists of twenty-seven amendments.
Through the years many changes have taken place, and technologies have been discovered, yet our Constitution remains. Some say that the Constitution was written for people hundreds of years ago, and in turn is out of step with the times. Yet its principals and guidelines have held thus far. The framers would be pleases that their great planning and thought have been implemented up until this point. However this does not compensate for the fact, that the we the people have empowered the government more so than our fore fathers had intended. Citizens were entrusted with the duty to oversee the government, yet so many times they are disinterested and only seem to have an opinion when the government’s implications affect them. As time has changed so has the American people, we often interpret our freedoms in a self serving manner, disregarding the good of the whole and also the good for the future. Thus there are no true flaws in the Constitution, it appears that the conflict emerges in the individual and their self, and poses question when we must decide when to compromise the morals that our Constitution was founded on, or when to stick to what we know is right and honest.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
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...
The US constitution was written with great vision to create strong nation. The bill of right were written, it provide all humans with rights. The writers of the constitution we hypocrites, they didn’t abide by what they preached. Thomas Jefferson wrote himself “ all men are created equal” but he owned slaves. The founding father didn’t look or even think about slavery when they wrote the constitution. They were pre-occupied in getting the southern state to join the union and sign the new constitution. They southern states believed that the federal government shouldn’t mess with the issue on slavery because slavery was a state issue.
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.
Between 1787 and 1791 the Framers of the US Constitution established a system of government upon principles that had been discussed and partially implemented in many countries over the course of several centuries, but never before in such a pure and complete design, which we call a constitutional republic. Since then, the design has often been imitated, but important principles have often been ignored in those imitations, with the result that their governments fall short of being true republics or truly constitutional. The Framers of the Constitution tried very hard to design a system that would not allow any one person or group within the government to gain too much power. Personally, I think they succeeded. In order to guard against what one of the Founding Fathers called an "excess of democracy," the Constitution was built with many ways to limit the government's power. Among these methods were separating the three branches, splitting the legislature so laws are carefully considered, and requiring members of Congress to meet certain criteria to qualify for office. The Founders did leave a few problems along with their system.