Author Question: Explain why, when the Constitution is so central to American government, changes to it are allowed. ... (Read 54 times)

biggirl4568

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Explain why, when the Constitution is so central to American government, changes to it are allowed.
 
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Question 2

Compare and contrast the originalist and adaptive approaches to constitutional amendment.
 
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s.meritte

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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.



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