When they hear the idea that the Constitution of the United States is a living document, many are confused. However, the concept is quite simple. The concept is considered a living document because the founding fathers of the United States wrote the document with the future in mind. The document and its contents were meant to be adaptable to suit the needs of future generations, both concerning the citizens, and the government, as well as the intentions of both parties. Amendments can be ratified, and amendments can be added in order to address these needs, as they need to be. Unfortunately, the founding fathers would never have been able to foresee changes in society, such as the expansion of gun violence, or human rights that eventually challenged the Constitution as it was originally written.
The Second Amendment, well known by most Americans, is the right to bear arms. It gives Americans the right to own a firearm in order to protect themselves and their property. However, many stipulations have needed to be placed on this amendment over time based not only on how people use guns, but also on the advancement of firearms and how easily it was to procure them. The “gun show loophole” is a popular topic of debate, for example, because it gives many individuals with a criminal background or mental illness the opportunity to own semi-automatic weapons without proper background checks. It is well known today that with a criminal background, one cannot own a gun, and depending on mental health, one may be prohibited from owning certain guns as well. Many of these legalities came from incidents such as the Columbine shooting, wherein two high school students were able to purchase firearms and ammunition online, and the Aurora shooting, wherein a schizophrenic procured a weapon, taking many lives.
Human rights are also an essential part of many amendments in the Constitution. The right to free speech is the first amendment, for instance. In the context of the Constitution, when literally translated, it states all men are created equal. The document, written by Caucasian males, made it easy for other Caucasian males to interpret only their brethren were included in this statement. Women, Native Americans, African Americans, and other groups were excluded from the right to free speech, owning land, maintaining their homes and children, education, and other things that were immediately entitled to the average white male based on the Constitution. It is assumed the founding fathers did not consider issues such as the freedom of the slaves, women’s suffrage, or the legalization of gay marriage and how these would impact the Constitution issues, or vice versa.
In sum, because the Constitution is a living document, the amendments applying to the aforementioned issues were changed, or are in the process of evolving. This is possible because, as a living document, the Supreme Court can examine each amendment based on the current context of society and its needs. There are more guns than there were at the time the document was written, as well as more known mental illnesses, and more instances in which people can be harmed. Moreover, human rights are a rising issue in the United States, and are addressed on a daily basis. The adaptability of the Constitution allows us not to be constrained by what was written when the country was founded, and make changes that suit the society of today in order to keep us safe, and keep things fair.
Good Essay On The Constitution As A Living Document
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Good Essay On The Constitution As A Living Document. Free Essay Examples - WowEssays.com. https://www.wowessays.com/free-samples/good-essay-on-the-constitution-as-a-living-document/. Published Dec 30, 2021. Accessed November 05, 2024.
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