Constitutional Flexibility
The Key to its Longevity
Constitution is Dynamic
1. Relevance and Longevity based on
– Ability to change the document
– Reflect current
• Values
• Innovations
• Discoveries
2. Capacity to flex with the changing times
– Makes the Constitution relevant today
3. Balances Liberty and Order
Flexibility Based on
Interpretation and Amendment
• Vague References Subject to Interpretation
•
Allows Enhancements of Constitutional
Powers Via
• Precedent
• Implied Powers
• Formal Amendment Process
Flexibility through Precedent
• Judicial Review
• Supreme Court Case
– Marbury v. Madison, 1803
– Identification Elements
• Legal Precedent
– Determining constitutionality of laws
– Implied power of the Court
– Society Accepts
Flexibility through Interpretation
• “Necessary and Proper” Clause
• Article 1, Section 8, Clause 18
– “To make all Laws which shall be necessary and proper for carrying into
execution the foregoing Powers and all other Powers vested by this
Constitution in the Government of the United States, or in any
Department or Officer thereof.”
• What is ‘Necessary and Proper” is subject to interpretation
• Example: Conflict over National Bank, 1791
– Alexander Hamilton: “Necessary and Proper” Clause
– Jefferson - 10th Amendment:
• “The powers not delegated to the United States by the Constitution, nor prohibited by it
to the Sates, are reserved to the Sates respectively, or to the People.”
– George Washington’s Decision
• Used to Establish Far-reaching implied Powers of the Federal Gov’t
Flexibility through Amendment
• Article 5
• 2/3rds vote Full Congress can propose
changes
• ¾ states MUST Approve
• Difficult but not impossible to change
Constitution
• Makes Constitution a LIVING Document
– Reflecting Current Values and Innovations
Bill of Rights
• First 10 Amendments
• Promised by Federalists to Anti-Federalists in exchange
for Ratification of Constitution
• Designed to limit government powers
• Designed to secure individual liberties from
government abuse
• Compromise to Balance Liberty and Order
• Balances
– Individual Natural Rights with
– Necessary government powers to efficiently Protect Ideals