How is the Constitution still relevant today?
Introduction
The Constitution is still relevant today since the core values that are embodied in the Constitution are timeless teachings and represent the underpinnings on how a country was conceived (Arnheim 338). Every nation must have a solid and unified constitution in place to promote law and order in society. In our contemporary world, Constitution is relevant because it promotes harmony and discipline within the country, government and society. By following a uniform interpretation of the Constitution, it will maintain the respect and faith of the people on the Supreme Court and other government processes.
Thesis Statement: The Constitution is the force of stability in society which can be strengthened by the uniform approach in its interpretation by the Supreme Court.
The proliferation of different interpretation of the Constitution can lead to chaos and the loss of trust of the people to the Supreme Court. On the other hand, having a consistent interpretation based on the original intention of the framers of the Constitution will ensure its uniform approach (Arnheim 338). Otherwise, constant change in the interpretation can result to weak central government can promote changing values and disregard the mandatory rights of the people. The sovereignty of every nation resides on the people in order to promote the equality of among the people powerful which is contained in the supreme law across the land. Sovereignty allowed the citizens to manage the responsibility for local affairs.
Arguments and Discussions
Although the Constitution is more than 220 years ago because the core values instilled in then fundamental continue to exist even in modern time. The judiciary cannot provide a wrong interpretation of the Constitution because in effect, it will change the meaning of the Constitution altogether. Thus, no amendment to the Constitution shall be allowed unless it has followed the process of amendment intended by the framers of the Constitution. The social values that are embodied in the Constitution that continue to be recognized today include equality, justice and respect for human rights. This can be illustrated centuries ago when slavery was intended to be abolished, questioning capital punishment or death penalty and legal rights of women (Lienesch 584).
One of the influences of the Constitution is the Holy Bible wherein Catholic teaching was incorporated in the senses that common good demands that each person must do good for the benefit of the whole society. The Constitution is relevant until present time because it is the fundamental guide to manage the government functions such as the collection of taxes as the lifeblood of the state. The Constitution likewise condemns violence and respects human life by promoting non-violence and non-lethal alternatives to combat any political unrest. The imposition of death penalty is being questioned by the Constitution as a cruel and unusual punishment that has to be abandoned (Arnheim 338).
The importance of the Constitution is in accord to the pursuit of the common good in relation to the defense of human life. Catholic teaching reveals the sanctity of life should be respected and death penalty which is to take the life of another is not the solution to deter criminality because it is only God who can take away life. The Constitution promotes respect for human dignity and the moral conviction that human life is sacred because it is a precious gift from God.
Parry stated that there are two major schools of thought about the American Constitution with the conflicting views of the Left and the Right. The Left contends that the Constitution is bears an outdated structure that has to be revamped for the purpose of inhibiting actions to provide the needs of the present society. Whereas the Right argues that “strict constructionist” should be imposed in interpreting the Constitution by giving respect to the “original intent” of its framers (ConsortiumNews.com). The “Domestic Constitutional Theory” has been defined as a revolution that will replace the entire legal order. Hence, the Constitution may only be amended, altered or replaced a process that has been contemplated in the text of the old constitution. Otherwise, failure to comply with the procedural amendment to the Constitution will lose the efficacy of the laws. The U.S. Constitution allowed the amendment only if was done with the participation of a constituent assembly pursuant to the constitutional text that follows an existing constitutional order (Landau 616).
The Constitution promotes the peace and order in society in the sense that it prevents political unrest, dramatic interruptions such as coup d’etat and other types of events that threaten democratic governance (Landau 620). The Constitution has given important guidelines on how to attack these issues to ensure the safety of the public and at the same time to address the different kinds of threats to democracy. Lack of Constitution will cause a peril on democratic governance that can overthrow the power of the people by those who want to abuse power.
The Constitution governs the election process to carry-out the will of the people. The Constitution has provided a set-up for a fairly well-functioning Supreme Electoral Tribunal which shall be oversee and take charge in the supervision of the electoral process. The Electoral Tribunal has the power, knowledge, background and experience to monitor polling places and ensure the overall fairness of an election (Landau 625). Hence, those who want to cause commotions with the objective of having a failure of elections will be prevented since the Constitution has ordered the support of the military in the event that there will be disturbances during the election by those who oppose the political process. The military as ordered by the Constitution should provide logistical support during elections and under the authority and orders of the Supreme Electoral Tribunal (Landau 625).
Conclusion
The Constitution is still relevant today since the core values that are embodied in the Constitution should continue to be commemorated to symbolize the struggles on how a country was established. The Constitution fosters the stability and strength of a nation. Thus, every nation should continue to uphold a solid and unified constitution to promote order in society. Constitution remains to be significant in a modern society because it promotes harmony and discipline among the people and the government. It bears stressing that using a uniform approach in the interpretation of the Constitution enhances the respect, trust and faith of the people to the Supreme Court and other government processes that will determine the growth of a nation.
However, the main peril of constitution-making is that existing literature on the topic needs to be reframed in the sense that the present literature of the Constitution should avoid promotion of temporary and short-term interest (Landau 625). Constant revisions and amendments to the Constitution will result to different interpretations and loses the faith of the people in the government process. The Constitution is meant to enforce the long-term interest of the country rather than their immediate short-term political goals (Landau 631). Thus, it is essential that the Constitution must be created in special chambers such as constitutional assemblies instead of ordinary legislatures to avoid the instance wherein the non-qualified delegates are allowed participate in the assembly. The original intent of the framers of the Constitution should be respected because they created the fundamental law of the land in such a way that it removes the risk of abuse by temporarily popular figures seeking to enhance their power (Landau 631). The original intent of the Constitution must be preserved to commemorate the underpinnings of the public figures who fought for the democracy of the country.
Works Cited:
Arnheim, Michael. US Constitution for Dummies. New Jersey: John Wiley and Sons, Inc., 2009.
Print.
Berger, Raoul. Impeachment: The Constitutional Problems: New York: Harvard University
Press, 1974. Print.
Landau, David. “The Importance of Constitution-Making”. Denver University Law Review
89.3(2012): 611-633.
Lienesch, Michael. New Order of the Ages: Time, the Constitution, and the Making of Modern
American Political Thought. Princeton: Princeton University Press, 1988. Print.
Parry, Robert. Is the Constitution Still Relevant? ConsortiumNews.com.Web. Retrieved from
http://consortiumnews.com/2013/01/05/is-the-constitution-still-relevant/.