Tags: Term Paper OutlinesSample Of A DissertationShould Homework Be CompulsoryEssay On MediaVirginia Wolf EssayGood Conclusion For Cyber Bullying EssayEffect Of Media On Society Essay
Following a super majority approval in both houses of Congress, the amendment then has to be approved or ratified by three quarters of state legislatures within a “reasonable” time period (typically 7 years).Alternatively, but never used, is the constitutional convention route, whereby a convention is called by two thirds of state legislatures.The Federalists felt that the new federal courts were necessary to provide checks and balances on the power of the other two branches of government.
However, the small number of Amendments is actually not a strong enough argument to state conclusively that the US Constitution is inflexible. For example, in the original Articles, Article 1 includes something that we now call the elastic clause, or “necessary and proper clause”, which appears after the quite specific list of enumerated powers.
This states that “Congress shall have the power to make all laws that are necessary and proper for carrying into execution the foregoing powers”.
The classic example is the 1973 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 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.
However, this stability may also prove to be too rigid, preventing constitutions from being flexible enough to adapt to modern society.
Group Essays Supported Passage Constitution
In this essay, I will argue that whilst the words of the original Constitution composed by the Founding Fathers are indeed rigid and that the complex constitutional amendment process prevents easy change, there is plenty of flexibility in the US constitution due to its vague wording which allows it to be interpreted by the Supreme Court justices for a modern context and also due to the increasing importance of constitutional convention in the US (essential with such a short constitution).Thousands of amendments have been proposed by Congress over the years, but only 33 have ever received Congressional approval.Of those 33, only 27 have been ratified by state legislatures.Federalism is a form of government in which power is divided between the national government and the state governments.In the United States, there is a federal court system. To learn more about this dual court system, visit the Student Center page State Courts vs. Directions: Click START to begin the Student Challenge. To understand the role of the federal courts in interpreting the U. Constitution, it’s important to understand what a law is, and where our laws come from.They argued that the federal courts would be too far away to provide justice to the average citizen.The Federalists argued that the federal courts had limited jurisdiction, leaving many areas of the law to the state and local courts.At the time of writing, the Founding Fathers were keen to ensure that their constitution would stand the test of time, and would be free from meddling – they were keen to avoid “tyranny by the majority”, and wanted to make sure that any powerful political figures would not be able to change the fundamental law of the land on a whim.However, they did recognise that the constitution may need to adapt and change according to the times and so took care to detail a complex amendment process in Article 5 of the Constitution.Most recently, the 27 Amendment (the congressional pay agreement which prevents members of Congress changing their salaries in a given Congressional term) was finally ratified in 1992 after initially receiving Congressional approval in 1789 but then subsequently forgotten until it was rediscovered in the 1980s.Of those 27 Amendments, the first 10 were passed together as the Bill of Rights in 1791, and a further two don’t really count because the 18.