i need help answering this question:how is the constituiton "alive" today.
i don't know if i understand it correctly
does it mean like what features or parts of the Constitution make it flexible enough to apply to the nation's needs today?
if that is what it means..can i please get some help or information on this topic?
i know that there are many freedoms that we enjoy because of the Constitution.
for example we have the freedom of speech, press, and religion. because of the First Amendment.
there is no more slavery in United States becuase of the 13th Amendment
Yes, you're on the right track. As new questions occur, the courts and sometimes eventually the Supreme Court determines whether actions are legal under the Constitution. For instance, the Supreme Court agreed in 2004 that the prisoners held at Guantanamo were covered under the Constitution and therefore must be tried by the courts.
The Constitution is also alive because Amendments can be added to meet current needs.
http://www.aclu.org/scotus/2003/13951prs20040629.html
http://www.law.cornell.edu/constitution/constitution.overview.html
Read through the Preamble. Are all those ideas in there still fitting and being used today?
Do the same with each article and amendment. Are they all still fitting and being used today?
Let us know what YOU THINK!
Certainly! The question of how the Constitution is considered "alive" today refers to the idea that despite being a document over 200 years old, it remains relevant and adaptable to the needs of our modern society. The Constitution is often regarded as a living document because it can be interpreted and applied in different ways over time.
Here are a few key features or parts of the Constitution that contribute to its flexibility and ability to adapt to the nation's needs:
1. Amendment Process: The Constitution can be amended through a deliberate and formal process outlined in Article V. This allows for changes to be made to the original text to reflect societal changes or address new issues that weren't foreseen by the framers.
2. Broad Language: The Constitution is intentionally written in broad and flexible language to accommodate changing times. This allows interpretations of its provisions to evolve based on contemporary understandings and societal developments.
3. Judicial Review: The power of judicial review, established by the landmark Supreme Court ruling in Marbury v. Madison (1803), allows the courts to interpret the Constitution and apply it to specific cases or controversies. This enables the Constitution to be interpreted in a manner consistent with the needs and values of the present time.
4. Elastic Clause: The Necessary and Proper Clause, also known as the Elastic Clause (Article I, Section 8, Clause 18), grants Congress the power to make laws that are necessary and proper to carry out its enumerated powers, even if those powers are not explicitly mentioned in the Constitution. This grants Congress the flexibility to address new situations and challenges that may arise.
5. Evolving Interpretations: Over time, the Supreme Court has interpreted the Constitution in ways that reflect societal changes and new understandings. Landmark cases such as Brown v. Board of Education (1954) and Obergefell v. Hodges (2015) have expanded the interpretation of the Constitution to protect civil rights and liberties in accordance with present-day values.
To gain a deeper understanding of how the Constitution remains alive and adaptable, it may be helpful to study specific cases, legal precedents, and constitutional amendments that have influenced its interpretation and application. Additionally, exploring scholarly articles, books, and online resources on constitutional law and history can provide valuable insights into this topic.