An argument against the changing of the american constitution

Edmund Randolphin his Draft Sketch of Constitutionwrote this: Henry strongly and pathetically expatiated on the probability of the President's enslaving America, and the horrid consequences that must result.

Unsourced material may be challenged and removed. This more moderate concept is generally not the target of those who are against the "Living Constitution". Drafted by the Marquis de Lafayette, who had ably trained and led American soldiers during the Revolutionary War, the Declaration of the Rights of Man and of the Citizen was adopted by the French National Assembly in Augustone month before the U.

We must stop this from happening. Having fought a long war to protect these rights, were they then to sacrifice them to their own government. I need not take much pains to show that the principles of this system are extremely pernicious, impolitic, and dangerous.

I trust, sir, our political hemisphere will ever direct their operations to the security of those objects. But, sir, I mean not to breathe the spirit, nor utter the language, of secession.

How were they made. I am not free from suspicion: It has to change with society, like a living organism, or it will become brittle and break. Grant that any of them are wicked; they may An argument against the changing of the american constitution the public money so as to ruin you, and yet this expression will give you no redress.

The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society. How were rights to be protected.

First, amendment can take place by a vote of two-thirds of both the House of Representatives and the Senate followed by a ratification of three-fourths of the various state legislatures or conventions in three-fourths of the states ratification by thirty-eight states would be required to ratify an amendment today.

The natural consequence will be, that this democratic branch will possess none of the public confidence; the people will be prejudiced against representatives chosen in such an injudicious manner.

Two thirds of those that shall happen to be present, can, with the President, make treaties that shall be the supreme law of the land; they may make the most ruinous treaties; and yet there is no punishment for them.

Arguments Against Immediate Ratification.

Living Constitution

From its inception, one of the most controversial aspects of the living Constitutional framework has been its association with broad interpretations of the equal protection and due process clauses of the 5th and 14th Amendments.

I say they will be infinitely worse men, because they are to be chosen blindfolded: To be sure, even the most conscientious effort to adhere to the original intent of the framers of our Constitution is flawed, as all methodologies and human institutions are; but at least originalism has the advantage of being legitimate and, I might add, impartial.

Indeed, Living Constitutionalists often suggest that it is the true originalist philosophy, while originalists generally agree that phrases such as "just compensation" should be applied differently than years ago. Would this constitute happiness, or secure liberty.


Economist Thomas Sowell argues in his book Knowledge and Decisions that since the original designers of the Constitution provided for the process of changing itthey never intended for their original words to change meaning.

Principles such as democracy, the Implied Bill of Rights, the rule of law, and judicial independence are held to derive in part from the preamble of the constitution, which declared the constitution of Canada to be "similar in principle" to that of the United Kingdom.

Do not be fooled. In that sense alone it is the legitimate Constitution. If one third of these be unworthy men, they may prevent the application for amendments; but what is destructive and mischievous, is, that three fourths of the state legislatures, or of the state conventions, must concur in the amendments when proposed.

What will then become of you and your rights. He proposed that the President not be an elective office, but rather filled on a monthly basis from the body of the national legislature. World War I, like WW2 after it, brought some needed prosperity, but also the deaths of many American soldiers. Many academic political scientists believe that justices and appeals judges are willing to alter their outcomes to attain philosophical majorities on certain questions.

Why did the conviction that a bill of rights was not necessary reflect the Federalist position.

Amending the US constitution: the political rarity that's suddenly in vogue

One group concerned voting and elections, including popular election of the President and the ability to hold national referenda. I believe I would be right to say, that they have been egregiously misled. The clause under consideration gives an unlimited and unbounded power of taxation.

But the depression of the world economy showed Americans, perhaps once and for all, that there is no true isolation. In what situation are we to be. The concept of an evolving constitution has notably been applied to determine the division of powers between provinces and the federal government in areas of jurisdiction not contemplated at the time of enactment of the British North America Act.

Another argument against the concept of a "living Constitution" ironically, is similar to the argument for it; the fact that the Constitution itself is silent on the matter of constitutional interpretation.

A common law Constitution is a "living" Constitution, but it is also one that can protect fundamental principles against transient public opinion, and it is not one that judges (or anyone else) can simply manipulate to fit their own ideas.

Changing the US Constitution? Not On My Watch! By Shari Dovale.

Changing the US Constitution? Not On My Watch!

The US Constitution is a masterful work. The founding fathers knew exactly what they were doing when they wrote this document. In fact, the Constitution has no provision, directly, for full-scale change.

Living Constitution

There is, however, the concept of the Amendment Convention as noted in Article 5. The power or limits of such a convention are unknown because there has never been one. James Madison, principal author of the U.S. Constitution and often called the "Father of the Constitution," said this in argument for original intent and against changing the Constitution by evolving language.

2. The Constitution's separation of powers is a boondoggle. In a parliamentary democracy, the executive power is exercised by the winning coalition in the legislature. That's how it should work. In an American-style presidential democracy, the executive is elected separately.

An argument against the changing of the american constitution
Rated 4/5 based on 79 review
Changing the US Constitution? Not On My Watch! - Redoubt News