Preview

Why Is The Constitution Considered A Living Document?

Good Essays
Open Document
Open Document
464 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Is The Constitution Considered A Living Document?
Why is the Constitution considered a "living document"? Include in your discussion the ideas of: separation of powers, checks and balances, judicial review and the amendment process. The Constitution is a living document due to changing over time and the adaptations to new circumstances without being formally amended (Strauss). Also because of bills, laws, and appeals. These things are constantly being applied by the amendments and without this document many laws would not have prior history to fall back on or precedent. There are four things that are involved in the constitution that provided information on how this document is a living document. These things are Separation of power, checks and balances, judicial reviews, and the amendment process. When the constitution was created the Framers believed that separation of power was necessary to protect against potential tyranny within the three branches. Checks and balances happened to be one of the …show more content…
This gives each branch the constitutional authority to check on acts to make sure that none of the branches are trying to become dominate. The exercise of checks and balances would include vetoes, judicial review, impeachment, and confirmation (Magleby). So with separation of state and checks and balances working together the constitution can ensure that there is limited power between these divisions. Other things these to process can help with is congress, the press, and the judicial system. Separation of power and checks and balances show these groups that there are limitations for the president, voting occurs and depending on the issue that is happening laws can be made or changed depending on the senate or judicial branch. Another very active part of the constitution is judicial reviews. Judicial reviews all the court to have the power to review laws or

You May Also Find These Documents Helpful

  • Good Essays

    The United States Constitution is a very highly recognized document. There are several factors that contribute to it process.…

    • 778 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In the year of 1787 the rights and liberties of citizens of the United States would be changed for eternity. The Constitution was signed to create a democracy by which the United States was governed to protect against tyranny (cruel or unjust powers). Before the Constitution, under the Articles of Confederation, there was no chief executive or leader, no court system, and there wasn’t even a way for the central government to force a state to pay taxes. So, how did the Constitution guard against tyranny? Federalism, separation of powers, checks and balances, and big states v. small states are all ways that protect the people of the United States and the Constitution against tyranny.…

    • 906 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    This gives other parts of the government the ability to stop any unconstitutional actions between branches of the government. It guarantees that no part of the government becomes too powerful. For example, if the legislative branch is trying to make a law, the executive branch can veto the law if they do not find it Constitutional. Even though this may prevent tyranny, the checks and balances could lead to a gridlock. Meaning, a political stalemate, which is a standstill with passing laws because the law does not satisfy the needs of the…

    • 436 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The founding fathers of the Constitution set up a system to the extent that the government could govern itself years in the future, with flexibility, and the ability to format ever changing societal events. The three main guards against a corrupt and unfair government driven by tyranny, and exploited self interests, were the Separation of Powers, Checks and Balances, and the interpretation of the Constitutional powers. With this, the United States proved a stable and consistent government centuries in the future. One of the main ways that the Constitution guards against tyranny, is by the Separation of Powers, which advertently keeps the central and states governments united, and amalgamated. The Separation of Powers provides the governmental system from gaining too much power through a overly influential central government.…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Constitution is undoubtedly the strongest and most important document in United States history. It is the Constitution that was responsible for forming our government, along with setting forth the duties and restrictions of this newly created government. The Constitution also provided the people with certain rights that the government was prohibited from taking away. The United States Constitution is said to be the supreme law of the land and all Presidents, governors, state and federal judges and legislators are tasked with the promise to uphold it. As strong as the Constitution is, it is also flexible.…

    • 944 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The first main strength of the U.S constitution is that it’s ability to adapt for changing America. The first ten amendments for example still are vital in American life as they ensure all Americans the basic rights such as free speech, freedom of religion and the right not be subjected to cruel and unusual punishment. These are such vital rights which enable for a free society. Also many amendments are almost inviting for the federal government to interpret them. For example the 16th amendment which allows the federal government to collect income tax it doesn’t state how much income tax to collect and therefore it allows the federal government to decide for itself on what it thinks how much income tax to collect depending on the economic climate. This shows that the U.S constitution can adapt for changing economic times and state of the federal government. Also judicial review enables to federal government to be able to interpret the constitution best suited for that time. For example in 1972 the Supreme…

    • 849 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The U.S. Constitution is considered a “living document” because it can be amended as new issues arise or public opinions change. Using the Internet, identify a constitutional amendment currently being proposed by a member of Congress. Identify the Congressmen, the proposed amendment, why it is being proposed and what you believe are the chances that it will be passed.…

    • 1415 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    The United States Constitution is the fundamental framework for our country and the most important document in its history. It establishes the form of the national government and defines the rights and liberties of the American people. The Constitution has survived and stayed current for over 220 years because it was written in such a way that gave it the ability to adapt to changing times while adhering to basic principles. This capacity to adapt makes the Constitution a living document.…

    • 591 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    as you might think. The Constitution gets most of its ideas from past documents. Without these other documents, we would not have the same constitution we have today. Without these documents, we would have a second Articles of Confederation. Without these documents, our country would be completely different.…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Elastic Clause

    • 1009 Words
    • 5 Pages

    A constitution is defined as a basic set of laws and principles establishing a nation’s government. The Constitution of the United States was written by many well-respected men, included several of America’s founding fathers, such as George Washington, Roger Sherman, Alexander Hamilton, Benjamin Franklin, and James Madison, Jr. According to Madison, the main function of the Constitution involves “helping government promote the public good.” Since constructed, the Constitution has been called a living document that remains flexible and allows the government to adapt to face new obstacles and changing times. A vital part of the Constitution displays the necessary and…

    • 1009 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The separation of powers was proposed by James Madison to prevent the government from having complete control over the country. For example, without it, the president wouldn’t have very much trouble passing laws that are unconstitutional, or doing things that are unconstitutional. The main purpose is to prevent one branch from controlling the power of another and to provide for checks and balances. This system is very effective and limits the control of the president.…

    • 198 Words
    • 1 Page
    Good Essays
  • Good Essays

    Ch 3 Discussion

    • 633 Words
    • 2 Pages

    The Founding Fathers made the Constitution to be a flexible document that could change whenever needed. Changes to the Constitution are called Amendments, and there are 27 of those. The Amendment process makes the permanent changes very difficult. I think this is true because once you make a change, or add an amendment, to the Constitution, you can just make another one in the future to change it back. An example of this is the 18th Amendment and the 21st Amendment. The 18th Amendment started the prohibition period by banning alcohol to be consumed in the United States. The 21st Amendment was to repeal the 18th by allowing alcohol again.…

    • 633 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Constitution has many amendments that do not apply to today’s society. This document is known as a living document, named that because it was meant to be able to change every thirty or so years to keep along with the times. Many people think that the Constitution should never be changed because of its importance to the history of our country, but, Thomas Jefferson thought otherwise in 3 letters that he wrote to Maddison addressing the matter. From September of 1787 to today, America along with the rest of the world has made many advancements.…

    • 509 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The U.S Constitution conveys a set of principles and values that don’t change through time. It contains a set of rights and rules that will always apply. The Constitution has already been changed by the Founding Fathers. It was done by the Bill of Rights and the rest of the amendments. Individual rights are the oldest and most conventional of American values. The Bill of Rights…

    • 524 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Although our government today is still divided into three branches, The United States has changed dramatically since 1787. The U.S Constitution has had an enormous effect on our country for centuries. America has grown and changed during the last one hundred years and so has the constitution. The U.S. Constitution is called a living document. Although to some individuals it may seem like an old piece of paper it is designed to live and grow as the…

    • 521 Words
    • 3 Pages
    Good Essays