Lasting Constitutions: Ageless Or Adaptable?

The U.S. Constitution, signed on September 17, 1787, has endured and evolved over the last 234 years. However, some argue that it is outdated and ill-suited to modern times, with a government structure that is ineffective and dysfunctional. The rapid pace of societal change, driven by technological innovations and a complex globalized economy, has resulted in a disconnect between the Constitution and the needs of the nation. While some advocate for small, low-risk constitutional amendments, others emphasize the importance of broad societal agreement before making changes to this enduring document. The interpretation and application of the Constitution by the Supreme Court, particularly regarding human rights and equality, further complicates the discussion.

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The US Constitution's endurance and evolution since 1787

The US Constitution, written in 1787 and ratified by nine of the original 13 states a year later, is the world's longest-surviving written constitution. The US Constitution has endured and evolved since 1787, with the introduction of novel governmental doctrines and practices, and amendments that have been made to the document over time.

The US Constitution was a landmark event in the history of governments. It introduced new concepts such as checks and balances, separation of powers between branches, and defining said powers. The amendment process also allowed for the Constitution to be a living document that could be changed with enough support from the people and ratification by the states. The Founding Fathers intended the document to be flexible to fit the changing needs and circumstances of the country. Since the Bill of Rights was adopted in 1791, Congress has passed just 23 additional amendments, and the states have ratified only 17 of them.

The US Constitution has had a profound impact on the history of ideas and legal thinking, with its influence remaining strong since 1787. It has also had a significant global impact, with nationalists such as Jose Rizal of the Philippines and Sun Yat-sen of China drawing inspiration from it in their calls for political reform. The Constitution's principles of popular consent and rule by laws drafted by the people's representatives have been influential in emerging nations and former European colonies transitioning to self-governance.

However, the US Constitution has also faced criticism and interpretation debates. While Thomas Jefferson advocated for a literal and narrow interpretation, others have argued for a broader construction. The role of the Supreme Court and the judicial branch was also left relatively vague in the original document, with its power established by John Marshall, the nation's fourth chief justice, who asserted its right to declare acts of Congress unconstitutional. The Supreme Court has since taken an increasingly active role in interpreting the laws and ensuring they abide by the Constitution, which has led to accusations of "judicial activism" by some.

Additionally, the US Constitution has evolved through executive actions and orders, with some presidents using their power to exercise greater authority than what was initially envisioned by the Founding Fathers. The US Constitution's endurance and evolution since 1787 demonstrate its adaptability and the founding principles' ability to accommodate the changing needs and events of the nation.

The Constitution's role in upholding human rights and equality

The Constitution plays a pivotal role in safeguarding human rights and equality, providing a framework that upholds these values and ensures their protection. The Constitution, as the supreme law of the land, establishes a set of fundamental rights and freedoms that are meant to be enjoyed by all. In the United States, the Constitution's Bill of Rights, comprising the first ten amendments, specifically protects civil and political rights.

One of the key ways the Constitution upholds human rights is by providing a legal basis for equality before the law. The 14th Amendment, for instance, guarantees equal protection under the law to all persons, regardless of citizenship. This amendment has been pivotal in ensuring that fundamental rights, such as due process, are extended to everyone within the country's jurisdiction. Similarly, the 5th Amendment upholds the right to equal protection and due process, showcasing the Constitution's role in establishing and protecting equality.

The Constitution also plays a vital role in abolishing discrimination and ensuring equal citizenship. The Reconstruction Amendments, for example, were instrumental in eradicating slavery and providing equal rights to citizens, regardless of race. This was further strengthened by the 19th Amendment, which secured women's suffrage, highlighting the Constitution's role in promoting gender equality. These amendments demonstrate how the Constitution serves as a tool to uphold and expand human rights, ensuring that equality is not just an ideal but a legal right.

Moreover, the Constitution's role in safeguarding human rights extends beyond national borders. The United States Constitution, for instance, influences how the country approaches international human rights instruments. The right to health, as recognized by the WHO Constitution, is a legally binding commitment that countries are obligated to uphold. This includes ensuring universal access to quality health services and addressing the root causes of health disparities, such as poverty and discrimination. The Constitution, therefore, serves as a foundation for countries to build upon and implement policies that respect and promote human rights.

The Constitution's endurance as a lasting document ensures that the values of freedom and equality are entrenched and protected over time. The Constitution provides a stable framework that guides legislation and policies, ensuring that human rights are respected and advanced. While challenges and reactionary forces may arise, as evidenced by the Supreme Court's reversal of the nationwide right to abortion, the Constitution remains a powerful tool for advocates to uphold and expand human rights.

The Constitution's interpretation by the Supreme Court

The United States Constitution establishes the federal judiciary and vests the judicial power of the United States in a single supreme court. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays a crucial role in interpreting the Constitution and ensuring that the government functions within its limits.

The Supreme Court has the power of judicial review, which allows it to examine the actions of the executive and legislative branches of government to ensure they align with the Constitution. This power enables the Court to strike down laws or government actions that violate the Constitution, protecting civil rights and liberties. The Court's interpretation of the Constitution's provisions has a significant impact on society, influencing the laws and policies that shape the country.

When interpreting the Constitution, the Supreme Court employs various methods and theories to derive meaning from its text. One approach is textualism, which focuses on the plain meaning of the text and how the terms would have been understood at the time of ratification. Textualists believe in an objective interpretation of the text, without considering the intentions of its drafters. This method respects the original meaning of the Constitution and prevents judges from imposing their own interpretations.

However, the interpretation of the Constitution is not without controversy. Some scholars argue that the Supreme Court's decisions may reflect the political preferences of the Justices rather than a neutral interpretation of the law. There is a ongoing debate about which sources and methods the Court should use when interpreting the Constitution, with some commentators questioning the focus on the Framers' intentions. They suggest that interpretive methods should prioritize government functionality, protection of minority rights, and safeguarding the basic structure of government.

Ultimately, the Supreme Court's interpretation of the Constitution has far-reaching consequences. It shapes the understanding of fundamental rights and liberties, the balance of power between the branches of government, and the relationship between the federal and state governments. The Court's role in interpreting the Constitution is essential to maintaining the integrity and longevity of the nation's founding document.

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The Constitution's inadequacies in addressing modern challenges

The US Constitution, despite its brilliance, has inadequacies in addressing modern challenges. Firstly, it was designed for a different era, a time when the nation was tiny and agrarian, and has not been adapted to suit the complexities of the modern world. The Constitution has failed to keep up with the frenzied pace of societal change, including technological advancements and a globalized economy. This has resulted in a government that is ineffective and dysfunctional, unable to adequately address pressing issues such as terrorism, pollution, inequality, and international competition.

Secondly, the Constitution has been criticized for its treatment of race and the exclusion of marginalized groups. While it articulates the idea of fundamental human equality and liberty, it also preserved and propped up slavery and excluded women, non-white people, indigenous people, and non-property owners from the definition of "the people". This contradiction has led to a mismatch between the interpretation of the Constitution and the nation's values and challenges in the present day.

Thirdly, the Constitution has been criticized for its failure to provide for a liberal democracy. The current system falls short of ensuring free and fair elections, individual rights, and limits on the power of the majority. For instance, during the pandemic, the government was incapable of performing its duties, and Congress failed to use constitutional tools to force a change in course, resulting in a high death toll.

Lastly, the Constitution does not explicitly provide for certain fundamental economic rights, such as the right to housing, education, and basic economic survival. This has led to an absolute deprivation of resources for some citizens, which may violate the principles of the Constitution.

In conclusion, while the US Constitution has endured and evolved over the years, it faces several inadequacies in addressing modern challenges. These include a failure to keep up with societal change, contradictions in its treatment of equality, shortcomings in providing for a liberal democracy, and a lack of explicit economic rights. To address these challenges, small but meaningful constitutional changes are needed to increase the odds in favor of a more effective and democratic government.

The difficulty of amending the Constitution

The United States Constitution is considered one of the most difficult constitutions to amend. Chief Justice John Marshall wrote in the early 1800s that the Constitution was written "to endure for ages to come". The framers ensured that amending the document would be a challenging task.

The Constitution has been amended only 27 times since it was drafted in 1787, including the first ten amendments, which were adopted four years later as the Bill of Rights. The process of amending the Constitution is intricate and time-consuming. A proposed amendment must be passed by a two-thirds supermajority vote in both the House and the Senate. Following this, three-fourths of the state legislatures must ratify the amendment.

The difficulty in amending the Constitution is further exacerbated by the requirement that any proposed amendment must have a significant impact on all Americans or secure the rights of citizens. This means that not just any idea to improve the country warrants an amendment. In the last half-century, democratic reformers have proposed thousands of amendments to make the Constitution more equal, inclusive, and just, but each proposal has failed, with few progressing beyond their initial stages.

The ease of amending the Constitution has varied over time. During the Progressive Era, a period of heightened social activism and institutional reform from the 1890s to the 1910s, the Constitution was amended four times in less than a decade. This prompted concerns that the Constitution was too easily amendable, leading to an overcorrection where congresspersons introduced an amendment to make it even more challenging to amend.

The dynamics of constitutional politics play a significant role in the difficulty of amending the Constitution. Factors such as the distribution of power in Congress, the evolution of constitutional norms, and the interaction between political practices can influence the ease or difficulty of making amendments.

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