Eleanor Finch
The United States Constitution is a legal document that lays out firm and inflexible guidelines for governance. It is considered rigid because its provisions cannot be legally altered as easily as ordinary laws. The Constitution is also considered vague at points, which can make it difficult to interpret. This vagueness may be due to the specialized meanings that certain phrases had in 18th-century law, which may not be immediately clear to modern readers. The Supreme Court holds the interpretive power over the Constitution and deals with questionable interpretations on a case-by-case basis. The void for vagueness doctrine, derived from the Due Process Clauses of the Fifth and Fourteenth Amendments, requires that laws are written explicitly and definitely state what conduct is punishable. This doctrine helps to ensure that people are not unconstitutionally deprived of their rights without due process.
| Characteristics | Values |
|---|---|
| The "void-for-vagueness" doctrine | The doctrine is derived from the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. |
| It requires laws to be written explicitly and definitely stating what conduct is punishable. | |
| It applies to laws that govern rights and obligations vis-a-vis the government. | |
| It requires laws to define potentially vague terms. | |
| Unconstitutional vagueness | Used to strike down certain laws and judicial actions in United States federal courts. |
| It is derived from the due process doctrine in the Fifth and Fourteenth Amendments. | |
| It prohibits criminal prosecution for laws where it is impossible to reasonably understand what conduct is prohibited. | |
| The Constitution is questioned | The landmark case Marbury versus Madison in 1803 established the Supreme Court as the utmost authority and decision-maker on the document's laws. |
| The Supreme Court deals with questionable interpretations of the Constitution on a case-by-case basis. | |
| The charge of "vagueness" | Critics think constitutional phrases are vague because they don't know that those phrases had specialized meanings in 18th-century law. |
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What You'll Learn
The 'void for vagueness' doctrine
The "void-for-vagueness" doctrine is a legal doctrine that applies only to laws that govern rights and obligations concerning the government. It does not apply to private law, which governs the rights and obligations between private parties. The doctrine requires that, to qualify as constitutional, a law must meet two requirements. Firstly, it must explicitly state what it mandates and what is enforceable. Secondly, it must define potentially vague terms.
The doctrine is derived from the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. It dictates that unduly vague penal statutes are void based on due process principles. The US Supreme Court has grounded the doctrine in two rationales. Firstly, vague penal statutes fail to inform ordinary people of what is proscribed, thereby violating an essential aspect of due process, which is the requirement of fair notice. Secondly, vague penal statutes violate separation-of-powers and rule-of-law principles inherent in due process by delegating legislative authority to other actors in the criminal justice system, such as the police, prosecutors, judges, and juries.
The doctrine has been criticised for lacking clarity and having no grounding in the Constitution. However, it has been defended by Justice Gorsuch, who argued that it should hold broadly in civil and criminal cases.
The void-for-vagueness doctrine has been applied in several Supreme Court cases, including Johnson v. United States (2015), Sessions v. Dimaya, Papachristou v. City of Jacksonville, and Kolender v. Lawson (1983). In the latter case, the Supreme Court explained that the doctrine requires that a penal statute define the criminal offence with sufficient clarity so that ordinary people can understand what conduct is prohibited and to prevent arbitrary and discriminatory treatment.
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The Constitution is not vague
For example, the Necessary and Proper Clause (Article I, Section 8, Clause 18), which reads: "The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." This clause has been criticized as vague and open to interpretation, with some claiming it could justify almost anything. However, understanding the historical context and the specialized meanings of "necessary" and "proper" in 18th-century law clarifies the true meaning of this clause.
The "void-for-vagueness" doctrine, derived from the Due Process Clauses of the Fifth and Fourteenth Amendments, reinforces the idea that the Constitution is not meant to be vague. This doctrine holds that vague laws are unconstitutional and deprive people of their rights without due process. It requires that laws be explicitly written so that people can understand what conduct is punishable and act accordingly.
The Supreme Court, which has held interpretive power over the Constitution since the landmark case of Marbury vs. Madison in 1803, deals with questionable interpretations on a case-by-case basis, providing checks and balances as intended by the Constitution. While the Constitution does not offer a method of interpretation, the Supreme Court's role in interpreting it ensures that vague laws do not go unchecked and that the rights of citizens are protected.
In conclusion, while the Constitution may appear vague to modern readers, it is not inherently vague. The language and principles it contains are rooted in the legal expertise of its framers and the historical context in which it was written. The Constitution's interpretations and applications are continually shaped by the Supreme Court, ensuring its relevance and clarity in the modern era.
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The Necessary and Proper Clause
> "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The Clause was included in the Constitution to address the shortcomings of the Articles of Confederation, which limited federal power to only those powers expressly delegated to the United States. The Necessary and Proper Clause grants Congress the authority to use all means "necessary and proper" to execute its enumerated powers, including implied and incidental powers that are conducive to the beneficial exercise of those express powers.
The interpretation of the Necessary and Proper Clause has been a subject of debate and contention between political parties for several decades after the Constitution was ratified. The first notable example of this contention occurred in 1791, when Alexander Hamilton and James Madison disagreed on the constitutionality of the First Bank of the United States. Hamilton argued that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds, while Madison claimed that Congress lacked the constitutional authority to charter a bank.
The landmark Supreme Court case McCulloch v. Maryland in 1819 further tested the Necessary and Proper Clause. In this case, Maryland attempted to impede the operations of the Second Bank of the United States by imposing a prohibitive tax on out-of-state banks. The Court ruled against Maryland, stating that while the Constitution did not explicitly give permission to create a federal bank, it conferred upon Congress an implied power to do so under the Necessary and Proper Clause to realize its express taxing and spending powers. This case reaffirmed Hamilton's interpretation that legislation reasonably related to express powers was constitutional.
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Separation of powers
The US Constitution's vagueness is a result of the separation of powers, a concept derived from the text and structure of the Constitution. The separation of powers divides the government's three basic functions: legislative, executive, and judicial, among three branches.
The Framers' experience with the British monarchy informed their belief that concentrating distinct governmental powers in a single entity would subject the nation's people to arbitrary and oppressive government action. Thus, they sought to ensure that a separate and independent branch of the Federal Government would exercise each of the three basic functions. The Constitution divides governmental power among three branches: legislative power is vested in Congress, executive power in the President, and judicial power in the Supreme Court and any lower courts created by Congress.
The separation of powers is not rigidly enforced in the Constitution, but it incorporates a system of checks and balances, where one branch can check the powers assigned to another. For example, the President can veto legislation, but requires the Senate's consent to appoint executive officers, judges, or enter into treaties. Similarly, Congress may not encroach upon the President's power by exercising a veto over the removal of an Executive officer, and the President may not usurp Congress's lawmaking powers by issuing an executive order.
The Supreme Court has also raised concerns about the judiciary encroaching on the legislative or executive spheres, and Congress often writes legislation to restrain executive officials to the performance of their duties. The nondelegation doctrine holds that Congress may not delegate its lawmaking responsibilities to any other agency.
The separation of powers is intended to preserve individual liberty and prevent arbitrary and discriminatory enforcement of laws. Vague laws may trap innocent people by not providing fair warning, and they impermissibly delegate basic policy matters to policemen, judges, and juries for ad hoc and subjective resolution.
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Supreme Court interpretations
The US Constitution is vague in parts, and this vagueness has resulted in constant debates about its contents. The Supreme Court currently holds the power to interpret the Constitution, deciding on a case-by-case basis.
The Supreme Court's power to interpret the Constitution was established in 1803, in the landmark case of Marbury versus Madison. Since then, the Court has dealt with numerous issues of constitutionality, attempting to blend the provisions of a 200-year-old decree with modern issues.
The "void for vagueness" doctrine in American constitutional law deems a statute void if it is too vague for the average citizen to understand what acts or duties are required or restricted. This doctrine is derived from the Due Process Clauses of the Fifth and Fourteenth Amendments to the US Constitution. The doctrine requires that, to qualify as constitutional, a law must:
- State explicitly what it mandates and what is enforceable
- Define potentially vague terms
The void-for-vagueness doctrine serves two purposes: firstly, to ensure that all persons receive fair notice of what is punishable and what is not; and secondly, to prevent arbitrary enforcement of the laws and arbitrary prosecutions.
The Supreme Court has dealt with several cases concerning the vagueness doctrine. In Papachristou v. City of Jacksonville, the Court struck down a law against vagrancy for unconstitutional vagueness, as the law restricted activities like "loafing" and "strolling". In Sessions v. Dimaya, the Court considered the vagueness of a residual clause defining a crime of violence. The Court's recent vagueness revolution has given the void-for-vagueness doctrine a giant push, but it remains to be seen whether this will produce the change that criminal justice reformers hope for.
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Frequently asked questions
The US Constitution was written in 1789 and is considered rigid because its provisions cannot be legally changed as easily as ordinary laws. The document was written by top-flight lawyers and ratified by a legally knowledgeable public. As such, the Constitution's ordinary-sounding expressions are packed with legal content. The Supreme Court deals with questionable interpretations of the Constitution on a case-by-case basis, providing checks and balances, just as the Constitution intended.
The "void for vagueness" doctrine is derived from the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The doctrine states that vague laws unconstitutionally deprive people of their rights without due process. A law must explicitly state what conduct is punishable and provide a reasonable opportunity to know what is prohibited.
In Johnson v. United States (2015), the Supreme Court ruled on a provision of the Armed Career Criminal Act, which enhanced the sentence of an offender if they had been previously convicted of "a violent felony." The Court had to determine what constituted a "violent felony." In Franklin v. State (1971), the Florida Supreme Court ruled that the state's felony ban on sodomy was unconstitutionally vague because an "average person of common intelligence" could not reasonably know whether the ban included oral sex or only anal sex.
