Author Question: Explain why, when the Constitution is so central to American government, changes to it are allowed. ... (Read 48 times)

biggirl4568

  • Hero Member
  • *****
  • Posts: 551
Explain why, when the Constitution is so central to American government, changes to it are allowed.
 
  Answer:

Question 2

Compare and contrast the originalist and adaptive approaches to constitutional amendment.
 
  Answer:



s.meritte

  • Sr. Member
  • ****
  • Posts: 306
Answer to Question 1

An ideal response will:
1. Explain that the Framers of the Constitution made it adaptable and flexible so that the general purposes of government (e.g., to promote justice and provide for the common defense) would remain the same, but the government would have the power to change the manner in which those purposes are accomplished.
2. Explain that the Framers knew that future experiences would call for changes in the Constitution and that it would need to be amended, as needs change with the times.

Answer to Question 2

An ideal response will:
1. Describe the originalist approach as based on the idea that the Constitution has a fixed meaning that can be determined through either the text or an examination of the Framers' intent, whereas the adaptive approach understands the Constitution as a flexible document that is responsive to the needs of different times.
2. Note that the originalist approach means that amendments must be adopted in order to create constitutional change, while the adaptive approach makes the Supreme Court more powerful in creating such change.
3. Detail that both approaches have difficulties: The originalist approach does not allow for the differences in the times of today compared to when the Constitution was written, but the adaptive approach relies heavily on judges whose selection is only indirectly democratic and who have lifetime appointments and could therefore hold too much power.



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question


 

Did you know?

More than 20 million Americans cite use of marijuana within the past 30 days, according to the National Survey on Drug Use and Health (NSDUH). More than 8 million admit to using it almost every day.

Did you know?

All adverse reactions are commonly charted in red ink in the patient's record and usually are noted on the front of the chart. Failure to follow correct documentation procedures may result in malpractice lawsuits.

Did you know?

Computer programs are available that crosscheck a new drug's possible trade name with all other trade names currently available. These programs detect dangerous similarities between names and alert the manufacturer of the drug.

Did you know?

The average person is easily confused by the terms pharmaceutics and pharmacology, thinking they are one and the same. Whereas pharmaceutics is the science of preparing and dispensing drugs (otherwise known as the science of pharmacy), pharmacology is the study of medications.

Did you know?

Cytomegalovirus affects nearly the same amount of newborns every year as Down syndrome.

For a complete list of videos, visit our video library