Jonah Patel
The Constitution has been amended 27 times throughout American history, but it has been argued that it still has a number of flaws. One of the most notable is its protection of the institution of slavery. The Constitution also failed to mention equality, and only protected the rights of white men. Women were not given the right to vote until 1920.
| Characteristics | Values |
|---|---|
| Flawed | Protecting slavery and only the rights of white men |
| Not mentioning equality | |
| Not mentioning democratic governance, effective government, justice, liberty and equality | |
| Not mentioning religion | |
| Amended | 27 times |
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What You'll Learn
- The Constitution's biggest flaw is its protection of the institution of slavery
- The Constitution was intentionally written in broad, open-textured language
- The Constitution has been amended 27 times
- The Constitution promises equal protection of the law
- The Constitution does not command that religion be erased from government
The Constitution's biggest flaw is its protection of the institution of slavery
Many constitutional provisions protected slavery, and this protection has been criticised by figures such as Berkeley Law Dean Erwin Chemerinsky, who has written several books on Constitutional Law. Chemerinsky argues that the Constitution's biggest flaw is its protection of the institution of slavery, a view that has been echoed by others.
Despite there being 27 amendments to the Constitution, this issue has not been addressed, and it remains the only thing that Thomas Jefferson found wrong with the document. The 14th Amendment, adopted in 1868 after the Civil War, added the assurance of equal protection, but this did not extend to the eradication of slavery.
In conclusion, the Constitution's protection of the institution of slavery is its biggest flaw. This protection has been criticised by legal experts and highlights the document's failure to uphold the values of equality and justice for all.
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The Constitution was intentionally written in broad, open-textured language
The Constitution's biggest flaw was in protecting the institution of slavery. Many constitutional provisions did this. Women, of course, were not accorded the right to vote until the adoption of the 19th Amendment in 1920. The 14th Amendment, adopted in 1868, after the Civil War, added the assurance of equal protection.
Textualism is a mode of legal interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasises how the terms in the Constitution would be understood by people at the time they were ratified, as well as the context in which those terms appear. Textualists usually believe there is an objective meaning of the text, and they do not typically inquire into questions regarding the intent of the drafters, adopters, or ratifiers of the Constitution and its amendments when deriving meaning from the text.
Opponents of a strict reliance solely on the text in interpreting the Constitution suggest that judges and other interpreters may ascribe different meanings to the Constitution's text depending on their background. This problem is compounded by textual provisions that are broadly worded or fail to answer fundamental constitutional questions.
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The Constitution has been amended 27 times
The Constitution was intentionally written in broad, open-textured language. It leaves it to each generation to give meaning to the words. The core values of the Constitution are democratic governance, effective government, justice, liberty and equality.
The Constitution has been amended many times to reflect the changing values of the American people. For example, the 13th Amendment abolished slavery and the 19th Amendment gave women the right to vote. The Constitution has also been amended to expand the rights of citizens, such as the right to free speech and the right to privacy.
The process of amending the Constitution is not easy. It requires a two-thirds majority vote in both houses of Congress and ratification by three-fourths of the state legislatures. This ensures that any changes to the Constitution are carefully considered and widely supported.
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The Constitution promises equal protection of the law
The Constitution has been amended 27 times, but the only thing Thomas Jefferson found wrong with the document has not been fixed. Berkeley Law Dean Erwin Chemerinsky has argued that the Constitution's biggest flaw is its protection of the institution of slavery.
The Constitution was intentionally written in broad, open-textured language, leaving it to each generation to give meaning to its words. Its core values are democratic governance, effective government, justice, liberty and equality.
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The Constitution does not command that religion be erased from government
The Constitution's protection of religious freedom is a core value of American democracy. It ensures that individuals are free to practice their faith without interference from the state. This freedom also extends to those who do not follow a particular religion, as the Constitution protects the right to hold and express non-religious beliefs.
While the Constitution does not erase religion from government, it does establish a framework that ensures religious freedom and equality for all. This separation of church and state is a fundamental principle of American democracy, allowing for a diverse and pluralistic society.
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Frequently asked questions
The Constitution's biggest flaw is that it protected the institution of slavery.
The Constitution did not protect the rights of women or people of colour. Women were not given the right to vote until 1920, and the 14th Amendment, adopted in 1868, added the assurance of equal protection.
Thomas Jefferson found one thing wrong with the Constitution, but it has not yet been fixed.
No, this view is not accepted.
