Us constitution flexibility essay


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Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people.

And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process. If every constitutional question were to be decided by public political bargaining, Madison argued, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit. In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution.

That oath could not be fulfilled any other way. In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions. Maryland, a constitution that attempted to detail every aspect of its own application "would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.

Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves. The Constitution limits the Court to dealing with "Cases" and "Controversies. The Court does not give advisory opinions; rather, its function is limited only to deciding specific cases.

The Supreme Court also has "original jurisdiction" in a very small number of cases arising out of disputes between States or between a State and the Federal Government. When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

Chief Justice Marshall expressed the challenge which the Supreme Court faces in maintaining free government by noting: "We must never forget that it is a constitution we are expounding. Toggle navigation. The classic example is the Roe v Wade case in which the Supreme Court ruled that a woman had the right to an abortion, thus disallowing federal and state restrictions on abortion.

The Court ruled that the 14 th Amendment could be interpreted to mean that a woman had the right to personal liberty and therefore should have the chance to decide whether to continue with a pregnancy or not.


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A particular case of profound constitutional significance is Citizens United v Federal Election Commission establishing the right of businesses and unions to spend any amount they like in an election campaign. The Founding Fathers could not have envisioned a time in which abortion and same-sex marriage and huge financial influence on politics would be important features of modern life, but the flexibility built in to the Constitution has allowed further fundamental rights to be guaranteed. One final way in which the Constitution is flexible is the use of conventions in establishing political behaviour.

Conventions of note include the regular January fixture of the State of the Union address given by the President, the use of signing statements by the President on legislation, executive orders , the existence of EXOP and the White House Office , the dress code of US Supreme Court justices, and so on.

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Model essay should the uk adopt a codified constitution

Technically, a codified constitution is necessarily and correctly difficult to change through a formal process. However, judicial interpretation and conventions provide a mechanism for the constitution to adjust in minor ways to modern times.

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Short essay on Rigid & Flexible Constitution

Discuss" Study notes. Unit 4 Essay Advice: "Is Congress still a powerful body? Unit 4 Essay Advice: "In foreign policy, Congress is now a by-stander. Assess the validity of this claim" Study notes.

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    The Flexible Constitution

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    us constitution flexibility essay Us constitution flexibility essay
    us constitution flexibility essay Us constitution flexibility essay
    us constitution flexibility essay Us constitution flexibility essay
    us constitution flexibility essay Us constitution flexibility essay
    us constitution flexibility essay Us constitution flexibility essay
    us constitution flexibility essay Us constitution flexibility essay
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