The Constitution and the Bill of Rights are looked upon by the American people as priceless artifacts, constructed perfectly by the founding fathers over 200 years ago, but is that the case? Is the Constitution, the document that built our government from the ground up, dead? Can we interpret it to fit our modern technologies? I am going to go more indepth on these questions and unravel my opinion on the Constitution and the Bill of Rights.
Let’s start off at the beginning; the founders gathered in 1787 for the Constitution Convention, the purpose was to ratify The Articles of Confederation. Ultimately, they drafted the US Constitution. “Despite what some believe, the 55 men that met in Philadelphia and hammered out a new form of government, were not gods” (Green). However, they were extraordinary for their time, many were rich property owners and an astonishing over fifty percent had a college education. This played a role into what was written in the constitution compare to if there was a variety of races, genders, and class levels. These men were very untrusting of people and decided to make a new type of politics, where the government and the people were equal. Therefore, tyranny from the government itself and tyranny of the people were nearly impossible. To avoid tyranny of
the people they created the electoral college where a more democratic approach was taken, where each state elected a certain number of congressmen based of their population and two senators to represent the states opinions. To avoid tyranny of the government the Constitution embraced separation of powers. The government was split into three branches: legislative, executive, and judiciary. It incorporated checks and...
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...o produced it (Hall, 1992: p. 613).
An associate Antonin Scalia’s role is to rely on the literal denotation of the wording in the Constitution within the context of its construction. Scalia stated, “ I do not believe in a living Constitution, this document the morphs from generation to generation. I fear what some might call a dead Constitution, but I prefer to call it the enduring constitution”(Perry). I believe that the Constitution does not fit our current needs, just how the Articles of Confederation was not fulfilling the new nations national needs. I like the way Chief Justice John Roberts Jr commented about Scalia’s view on the interpretation debate, he said, “legal documents don 't live or die”(Roberts). When people talk about a living Constitution he is forced into defying a presumably dead one. He states this simply by saying, “dead is not the alternative.”
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