The Constitution: A Living Document
“The United States Constitution is the oldest written national constitution still in use” (Confederation and the Constitution, pg. 71). After more than 200 years, the Constitution is still changing to support the next generations needs. This “living document” has many different reasons that allow it to “fit in” with the new generations.
The Elastic Clause is the first reason that the Constitution is still around and still used today. The Elastic Clause is a part of the Constitution that allows Congress to make new laws in order to adapt to the people and the world around them. This clause is helpful because Congress is capable of changing laws to allow them to adapt to the changing world. Congress can make
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An example of the Elastic Clause is the Tinker vs Des Moines court case. The article states, “... When the school board learned of their plans, it adopted a policy that banned the wearing of armbands… Several students, including the Tinkers, went ahead with their protest” (Tinker vs. Des Moines, p.1). In this case, students wore arm bands in support of the Vietnam War to school and got suspended when the school board found out. The Court ended up supporting the kids since they were just showing what they thought of the war. They were protected by Amendment One, “Freedom of Religion, Speech and the Press; Rights of Assembly and Petition” (United States Amendments, p.1). The Court was in favor of the students because they weren’t disturbing the learning of others or themselves. The connection between this Court case and the Elastic Clause is that the Court had to adapt to a new topic that they weren’t used to which meant they had to tweak the laws in order for them to support the case. This example
The United States of America was formed through struggles and the want for liberties of its people. For its people to have these liberties, the original colonies created a central government in the form of the constitution. However, the constitution was immensely broad when it came to certain topics. States began to create their own constitutions. These constitutions followed the federal standards set by the United States constitution, yet made different situations in each state clearer and gave specific instructions for certain situations. As times change with the generations, these constitutions are often updated. However, Texas has one of the longest constitutions, which has remained the same since 1876. The current argument surrounding the constitution is whether it is up to date with its amendments or if it should be rewritten.
Contrary to, surprisingly, popular belief that the United States Constitution is outdated, it is, in fact, still relevant in today’s society on the basis of The Bill of Rights, checks and balances, and the Elastic Clause in the
The Constitution of the United States of America was ratified in the year 1787. Ever since that date, the document has enforced the laws set forth and created a base for the country to stand upon. The Constitution was created to provide strict, but amenable guidelines that Americans could follow, which could result in a functional country. Aside from the fact that the Constitution was written over two hundred years ago, the document is still necessary and relevant to modern times. The three branches of government, the First Amendment, as well as the Fourth Amendment, are all still present in today’s America. Many of the rules in the Constitution are still accordant to society today, primarily because of the perceptive founding fathers who created them.
The Elastic Clause is a statement in the first article of the Constitution. Also known as the “Necessary and Proper Clause,” it says that Congress has the power to “make all laws which shall be necessary and proper.” This means that Congress has implied powers to carry out laws that have been expressed in the constitution. One example of a time that the elastic clause has been used was when the federal government created a national bank. This shifted more of the power from the states to the federal government by giving it implied powers. With the elastic clause, the federal government creates more of its own laws.
It was crucial for the colonists to figure out a way to live and work together. This was their first time making decisions without being commanded by a king or Queen and it was important to formulate and then implement a plan of action. (Schmidt, 2017). The idea of a constitution was thus created for the betterment of those living in America and has served as a rallying cry, a defense mechanism, and a safeguard for all citizens within the United States. This irreplaceable document has survived throughout time not only on paper but also in the hearts of many Americans. The Constitution of the United States officially went into effect on “September 17,1787” (Schmidt,2017, pg.35). The greatness of this constitution is still seen today as it serves as a solid base, with room allowed for re-examination or change if needed. Every now and then an issue may arise and the laws set forth into the constitution are reexamined and an amendment may be set
The Constitution of the United States was written in 1787, yet there was a struggle to ratify it that went on until 1790. This Constitution was created in order to replace the Articles of Confederation, because many people agreed that the articles were not right in keeping the United States in order. The Constitution is made of many rules that have helped the country to stay in order, but on the other hand some of these rules have
Nearly the late year of 1787, the U.S. Constitution was established, stating the basal laws and fundamental principles that the United States would be governed by. Many philosophers and political thinkers furnished a great comprehension for the modern day structures that are very active today. Our Founding Fathers created a system which divides different acts of government into the legislature, executive, and judicial branches. Following in the form of the Separation of Powers, the checks and balances system ensures that political power isn’t contributing to any individual or group that enables them to gain an abundant amount of power. For the instance of this, “the Constitution provides a method for change, as the Founders created it this
The Constitution is the framework of America’s government as well as the supreme law of the United States. It was written and signed during the Philadelphia Convention on September 17, 1787. In the Constitution there are various amendments that outline the powers and duties of the government, the state’s rights, and the rights of the people, and the process of amending and ratifying the document (Sidlow, Henschen 26). Even though there have been new laws issued by the government, they have failed to be successfully passed as an amendment. Proposing and ratifying an amendment is not an easy or short process. The difficulty of amending the Constitution is due to the various steps before the ratification of an amendment.
These documents have been a beacon to all men and women who value freedom. They are just as meaningful now as when they were written. As the American statesman Henry Clay said, “The Constitution of the United States was not made merely for the generation that then existed but for posterity – unlimited, undefined, endless, perpetual posterity.”
The United States Constitution is the very foundation that the nation has been built upon, but its birth was not easy. The framers of the Constitution divided over many key issues relating to it and often argued at length over the creation, ratification, and implementation of this imperative document. Since the Constitution came into being it has been the epicenter of Civil Rights reforms, questions of state sovereignty versus national supremacy, and recently it has been looked to for questions about universal healthcare and what may or may not constitute a marriage. Currently the oldest “living” Constitution in the world; interpreting the United States
Have you ever wonder the process that the Founding Fathers of America had to go through to create our system of government? One of the vital pieces to establishing this government was the famous document known as the Constitution. The Constitution was a highly argued document, because many people were concerned about if it would protect the newly-separated country of america from the tyranny that they had faced with their previous king. The Constitution ended up being the people's’ savior after the delegates signed it in September 1787, and protected them from tyranny in their country even better than before. All and all, the Constitution guarded the United States against tyranny creating a system
The U.S. Constitution was written in 1787, and even though it was made so long ago, it still serves as the basic framework for our country today. It has lasted with only twenty-four Amendments made to it in the past 228 years; an amazing feat in within itself, considering that the first ten were made within the first five years of having the Constitution and two others cancel themselves out. As well as the large changes made in formal Amendments, there are also small changes made that redefine these words. There are court cases that have arisen in the past and continue to rise up today that can lead to both major change and just tweaks to the rules and principles delegated by the Constitution.
In 1781, the thirteen independent states of America had been bound together by the Articles of Confederation. Under this document, the Continental Congress had successfully waged war, made alliances, secured loans, negotiated peace with Great Britain, and passed the Northwest Ordinance. This document served as the foundation for the United States Constitution, which was ratified in 1787. This ratification process took place over 200 years ago. Since that time, most modern-day Americans have assumed that this great document had always been honored and respected by everyone. On the contrary, the Constitution set off months of fierce and often bitter debate after it was written and submitted to the states for ratification. Creating a new
The United States Constitution is a written document that provides the framework for the federal government and is ultimately the supreme law for Americans to abide by. This document “establishes the structure of the federal government, delegates powers to the federal government, and guarantees certain fundamental rights (Cheeseman, 2007, p. 49).” These fundamental rights, laws and freedoms are granted, to all Americans. Despite the ratification of the Constitution in 1788, the laws still pertain to today’s ever-changing economy and culture. The Constitution has been referred to as a “living” document that evolves in unison with our country. The comprehension of the Commerce
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions