The Constitution and Change
The United States Constitution not only provides a basic framework of
government, but also allows for the flexibility to adapt to changes over time. Proof of the
flexibility of the Constitution are the elastic clause, judicial review, the amendment
process, interpretation of the amendments, and equality.
The establishment of the elastic clause states that Congress has the power to
stretch laws based on the validity of time. Simply meaning, when our government was
formed, our leaders knew that as time changed, so would our needs. When the
Constitution was written it stated that Congress had the right to establish an army and a
navy. As time progressed, so did technology. With the Wright Brother’s invention of the
airplane, an American Air Force was needed. Due to the elastic clause, Congress could
now create an Air Force due to the fact that it was granted to right to create an armed
force.
Judicial Review is a power granted to the Supreme Court. The Supreme Court can
examine any law at any time and decide if that law is legal or unconstitutional, illegal. A
great example of Judicial Review is Brown vs. The Board of Education. This historic
court case was to determine if Jim Crow Segregation was Constitutional. Jim Crow
Segregation had been widely accepted across America for almost a century. The Supreme
Court ruled that the current segregation law “Separate but Equal” was not Constitutional
and that it infringed on people’s rights. The Supreme Court overruled this law and
schools were desegregated.
The flexibility of the Constitution can best be seen perhaps in the amendment
process. Amendments state our freedoms, laws, and powers of the government. An
amendment starts out as an idea and then has the potential to become a bill. The bill is
then taken to Congress where it needs to be passed in the House of Representatives and
the Senate. Once passed by Congress, the president can sign the bill and it will become a
law, or he can veto the bill. If the president vetoes or rejects the bill, Congress has the
opportunity to take the bill to the Supreme Court in the attempt for them to approve the
bill. If the Supreme Court approves the bill, it becomes a law.
Our amendments are sometimes interpreted differently over time. One of the most
controversial amendments in the 2nd amendment, the right to bear arms. When the 2nd
amendment was written, America was a weak and vulnerable nation. We had to
professional army, only a militia composed of ordinary citizens to provide defense and
enforce laws. Due to these circumstances, it was necessary for citizens to have the right
to own and carry a gun. Now however, times are different. We have police forces to
enforce the laws, and armed forces to protect us. By today’s standards the right to carry a
gun is not as necessary as it once was. Strict laws have made gun possession a lot harder
than when the Constitution was signed. This is mainly in part because of the changes over
time.
Equality under the Constitution has changed over time as well. When the
Constitution was first signed, only white males had the right to vote. After the Civil War,
African American males were given the right to vote as the 15th Amendment was passed
in 1870. However, women were not allowed to vote. It wasn’t until 1919, that the 19th
Amendment was signed, making it illegal to deny citizens the right to vote based on
gender. Finally, voting equality had been made possible in America.
The United States Constitution is considered a leaving, breathing document for its
ability to adjust as America continues to progress. The elastic clause, judicial review, the
amendment process, interpretation of the amendments, and equality prove its flexibility.