Eleanor Finch
The US Constitution, written in 1787, has been amended several times since its inception to fit the changing needs of the country. The last amendment was made in 1992, and since then, there have been calls for further changes to address contemporary issues such as immigration, social media, and women's rights. However, amending the Constitution is a challenging and lengthy process, with a success rate of 27 out of 11,000 proposals. This is due to the requirement for a two-thirds supermajority approval in both the House and the Senate, as well as ratification by three-fourths of the states. While some argue that the high bar for amendments acts as a protective measure against partisanship, others believe the process is too difficult, hindering necessary updates to the Constitution.
| Characteristics | Values |
|---|---|
| Need for an update | The Constitution is one of the most significant documents ever written, but it is a bit dated. |
| Amendments | Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments, and the states have ratified 17 of them. There are 27 amendments in total. |
| Flexibility | The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. |
| Judicial interpretation | Many changes in the American political and legal system have come through judicial interpretation of existing laws. |
| Criticisms | The Constitution did not do enough to protect the rights of individuals against the nation's new central government. |
| Majority rules | The Constitution is a minimalist document, and changes are usually restricted freedoms that are already protected in the Constitution. |
| Issues with the current version | The Constitution does not account for the issues faced in today's society, and important topics like the judicial system are barely mentioned. |
| Term limits | Most people now want term limits in Congress and the Supreme Court, but these were not included in the original document as such thoughts were unrealistic at the time. |
| Management of petitions and free speech | The First Amendment does not account for the digital age. |
| Due process | The Fifth Amendment states that "no person" shall be "deprived of life, liberty, or property, without due process of law", but Trump has argued that this is too time-consuming. |
Explore related products
What You'll Learn
The US Constitution is flexible and adaptable
The US Constitution is the world's longest-surviving written constitution, having been written in 1787 and ratified in 1788. It is also one of the shortest, a fact that has contributed to its longevity. The Founding Fathers intended for the document to be flexible and adaptable to accommodate the changing needs and circumstances of the country.
The Constitution has been referred to as a "living document" due to its enduring adaptability since 1787, shaping America's legal foundation. It has been amended and reinterpreted over time to address societal changes and emerging issues. For example, the Necessary and Proper Clause, also known as the 'elastic' clause, has been used to justify the expansion of federal power, such as in McCulloch v Maryland (1819), where the Supreme Court ruled that Congress had the power to create a national bank, even though this right is not explicitly stated in the Constitution.
The process of amending the Constitution is outlined in Article V of the Constitution. An amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is proposed, it must be ratified by three-quarters of the States (38 out of 50) to become part of the Constitution.
In addition to formal amendments, the Constitution has also been interpreted and applied differently over time through judicial review. This process, established in Marbury v. Madison (1803), allows the judiciary to interpret the Constitution's meaning and assess the constitutionality of laws, effectively adapting the document to evolving societal norms and values.
The flexibility and adaptability of the US Constitution have ensured its relevance and longevity, allowing it to serve as a foundation for governance across centuries of societal change.
Founding Fathers: Slave Owners and Constitution Writers
You may want to see also
The Constitution is outdated and needs updating
The US Constitution, written in 1787, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified 17 of them.
Despite these amendments, some argue that the Constitution is outdated and needs further updating. One criticism is that the Constitution does not do enough to protect individuals' rights against the nation's central government. For example, the 2nd Amendment has been criticised for creating problems rather than protecting people's rights. The 7th Amendment, which states that the theft of an object over $20 must be tried in court, is also criticised as the threshold is too low for modern times.
Another criticism is that the Constitution does not adequately address the judicial system. The Constitution is also criticised for being written in outdated English, with certain terms excluding minority groups. For example, "We the people" is outdated because it only included white people and should include all people, regardless of race.
The process of amending the Constitution is outlined in Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. Once an amendment is ratified by three-quarters of the States (38 out of 50), it becomes part of the Constitution.
While some argue that the Constitution needs to be updated, others believe that the changes proposed by critics would restrict freedoms already protected in the Constitution. They argue that the Constitution is a flexible document that can be interpreted and applied to modern times without making drastic changes.
Presidential and Constitutional Elections: Simultaneous or Separate?
You may want to see also
The Constitution is a living document
The US Constitution, written in 1787 and ratified in 1788, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. This view of the Constitution as a "living document" is supported by the fact that it can be amended to reflect changes in society and interpretations of existing laws.
The Constitution has been amended 27 times since the Bill of Rights was adopted in 1791, with the most important amendments being added in the wake of the Civil War. The amendment process is outlined in Article V of the Constitution and requires a two-thirds majority vote in both the House of Representatives and the Senate or a constitutional convention called for by two-thirds of the State legislatures. A proposed amendment becomes part of the Constitution when it is ratified by three-fourths of the States (38 out of 50).
The idea of a living constitution is associated with the view that the Constitution should evolve, change over time, and adapt to new circumstances without being formally amended. Proponents of this view argue that the Constitution was written in broad and flexible terms to create a dynamic document that can be interpreted in accordance with contemporary society. They believe that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable as a policy matter. Additionally, they argue that the constitutional framers, who were trained lawyers and legal theorists, were aware of the debates and confusion that would arise from not providing a clear interpretive framework.
Opponents of the living constitution theory, known as originalists, argue that the Constitution should only be changed through a formal amendment process. They believe that the Constitution requires today what it required when it was adopted, and there is no need for it to adapt or change except through formal amendments. Originalism contends that constitutional provisions mean what the people who adopted them understood them to mean, regardless of the changing context. They argue that legislative action better represents the will of the people in a constitutional republic, as individuals can vote for representatives in Congress who should be responsive to their constituents' views.
The debate between the living constitution and originalism highlights the different interpretations of the Constitution's role and how it should be interpreted in a changing society. While the living constitution allows for flexibility and adaptation, originalism emphasizes the original intent and meaning of the document.
Interpreting the Constitution: Democrats' Perspective
You may want to see also
Explore related products
The process of amending the Constitution
The US Constitution, written in 1787, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. The Constitution has been amended 27 times since it was drafted, including the first 10 amendments, which were adopted in 1791 as the Bill of Rights.
The authority to amend the Constitution is derived from Article V of the Constitution. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
Dental Floss: Medical Expense or Not?
You may want to see also
The Constitution and the protection of individual rights
The US Constitution, written in 1787, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to accommodate the changing needs and circumstances of the country. The original text of the Constitution contained very few provisions protecting individual rights. This was likely because some of the framers believed that the central government they had created had limited powers and would not violate individual rights. Others feared that any list of rights might be incomplete and could later be used to deny rights not listed.
However, one of the biggest early criticisms of the Constitution was that it did not do enough to protect the rights of individuals against the nation's new central government. To address this, James Madison drafted a list of rights for citizens that the federal government could not take away. These first ten amendments to the Constitution became known as the Bill of Rights, which included freedom of religion, speech, and the press, the right to bear arms, the right to a trial by jury, and freedom from unreasonable searches and seizures.
The Bill of Rights also includes the Fourteenth Amendment, which clarifies that all persons born or naturalized in the United States are citizens of the country and the state in which they reside. The Tenth Amendment reserves all powers not given to the federal government or prohibited to the states by the Constitution, to the states or the people. The Fifth Amendment protects citizens' rights to due process, while the Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Thirteenth Amendment prohibited slavery, and the Fifteenth Amendment protected the right to vote from discrimination based on race.
The Constitution and its amendments continue to protect the freedoms of American citizens today. Citizens can also file reports of civil rights violations with governmental departments such as the US Department of Justice and Homeland Security.
Exploring the Fundamentals: Constitutional Principles Explained
You may want to see also
Frequently asked questions
Yes, the Constitution needs to be updated to fit the needs of the current state.
The Constitution was last amended on May 7, 1992, when the 27th Amendment was ratified.
There is no set frequency for how often the Constitution gets updated. Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, and the states have ratified only 17 of them.
The process of updating the Constitution is difficult and lengthy. An amendment first comes to Congress as a bill that must be approved in both the House and the Senate by a two-thirds supermajority. If the bill makes it through both chambers of Congress, it goes to the states for ratification and must be approved by three-fourths of them. Alternatively, an amendment can be brought to the states if two-thirds of the state legislatures call a constitutional convention, but this has never been successfully done.
It is important to update the Constitution to protect the rights of individuals and ensure the document remains flexible to fit the changing needs and circumstances of the country.
