The constitution is not a living document because it needs to change with the times, it is living because it still applies to human nature today without any changes originalism feels that by not adhering to the original document, freedoms and rights can be stretched until changed or are no longer existent. The constitution of the united states is a living document because it was written to be adapted by future generations if it had not been written with such intentions, the government would be. Those of us who believe the constitution is a living document do not believe the nation's most sacred text should be interpreted to fit a particular policy outcome. Below is an essay on constitution from anti essays, your source for research papers, essays, and term paper examples the constitution: a living document a kind of revolution highlights (howard zinn, a people's history of the united states. In the context of united states constitutional interpretation, originalism is a way to interpret the constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in article five.
Some proponents of a living constitution believe that the document should be interpreted to account for changing societal values this theory does not necessarily rely only on the words written in the constitution itself. By 1787, the union between the states was unraveling to save the young nation, delegates from 12 states met in philadelphia and, with george washington presiding, created a new form of government. Our constitution inherently makes the idea of a living document an argument at all because the constitution itself cannot be altered at all the text within the constitution is the same as when it was ratified by the colonies in the late 1700's. The constitution of the united states stands as a guarantor of liberties and a set of laws that limit the scope and power of our federal government, not a living document which is by definition fluid, ever changing and a guarantor of nothing.
It has been said that the us constitution is a living document''- that is, one that can adapt to changing times do you think this is good policy. The us constitution is exceedingly difficult to amend, but the document's structure makes frequent amendment unnecessary the us constitution has only been amended 27 times and 10 of those amendments (the bill of rights) were part of the founding document. Question: given that the united states constitution is a living document, how would you use it to promote change essay: entries will be a personal reflection essay written at the college-level following either apa or mla.
A living document can be changed and adapted to fit new eras and solve new problems writers were able to premeditate future complications when the original constitution was written since then the document has been changed fairly, and with the best judgment, many times. Document a source: constitution, article i, sections 2 and 3 the house of representatives shall be composed of members chosen every second year by the people of the several states. The constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures under america's first national government, the articles of confederation, the states acted together only for specific purposes.
On the 200th anniversary of the ratification of the us constitution, thurgood marshall, the first african american to sit on the supreme court, said that the constitution was defective from the start he pointed out that the framers had left out a majority of americans when they wrote the phrase. Publication of speeches, articles, and letters from the 1787-88 debate on the ratification of the united states constitution by the library of america is especially welcome. The constitution of the united states: a transcription note: the following text is a transcription of the constitution as it was inscribed by jacob shallus on parchment (the document on display in the rotunda at the national archives museum. It instructs teachers to have students investigate an area of debate where the interpretation of an amendment or amending the constitution is central to the argument and then debate it in class in order to reinforce the concept that the us constitution is a living document.
When our founding fathers created the constitution they realized that any document meant to frame a government needed flexibility they wanted the constitution to be able to stand for generation after generation. The late supreme court justice antonin scalia said it best when he declared, the constitution is not a living organism it's a legal document liberal professors and students will often bash conservatives when they stand up for an orginalist interpretation of the united states constitution in the classroom.
The historian sean wilentz took to the new york times to write that bernie sanders—and a lot of his colleagues—have it all wrong about the founding of the united states the constitution that. In the massachusetts document, the frame of government, closely associated with the term constitution, is the second part of the document, preceded by a declaration of rights other post-independence state foundational documents have a similar division and order of precedence. He was a strong supporter of the us constitution and later served as vice-president to george washington and then as the second president of the united states provide students with analysis documents, the graphic organizer and divide into groups of four students to analyze the documents.