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 - 10 th 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