The US Constitution was ratified in 1788, and to this day, it remains one of the nation’s most preeminent accomplishments. The US is the first country in modern history with a written national constitution that is both stable and durable. Delegates from the thirteen original colonies drafted the Constitution. The Constitution explains the divisions of power, and protects the inalienable rights of people. This paper will demonstrate the history of the US Constitution and will examine how it has developed and adapted to the modern needs of society. Furthermore, the paper will provide reflections on the continued effectiveness of the Constitution and how it has helped bolstered the United States as one of the world’s foremost super powers.
The structure of the Legislative Branch ultimately incorporated into the US Constitution reflects a compromise between the large and small states. The Constitution stands “The work of many minds, the Constitution stands as a model of cooperative statesmanship and the art of compromise.” (Constitution of the United States). Known as the Great Compromise, the bicameral legislature includes a House of Representatives, in which representation is based on population, and the Senate, in which representation is equal among all states (Maggs 8). There are currently 435 members in the House of Representatives and 100 members in the Senate. California, one of the most heavily populated states, has 53 members in the House of Representatives (California), whereas Wyoming has only 1 member.
One of the most salient features of the US Constitution is the inherent checks and balances. Under the Constitution, the respective functions of government are separated into three different branches: the Legislative, the Executive, and the Judicial. Each branch is given its own powers under the Constitution and has various means to check the power of other co-equal branches. For instance, Congress is given the exclusive authority to make and pass laws. But this legislative power is not absolute. The President, as the head of the Executive Branch, has the authority to veto laws. To overcome a Presidential veto, 2/3 of both Houses of Congress must vote in approval. In turn, the Supreme Court has the power to declare acts of Congress and the President unconstitutional. The actions of each branch, therefore, are reviewable by other branches. The main goal of separating government power between three branches is to avoid any one branch becoming too powerful. Each of the three branches has different, yet interrelated functions and should work in cooperation with other branches to better serve the people.
The continued vitality and relevance of the Constitution exists to this day. The Constitution formed the US government and set the foundations for guaranteeing rights and freedoms of citizens. According to one US citizen, “The constitution makes the United States unique with laws that other countries do not set for their people” (Is the constitution still relevant today?). What makes the US Constitution unique is the ample protection given to safeguarding the individual rights of citizens against the government. The Framers obviously thought that protecting citizens against abusive and arbitrary government power was extremely important to a democratic and free nation. Thus, a number of provisions in the Bill of Rights are specifically intended to protect the rights of criminal defendants who stand before the government on criminal charges. The Framers purposefully provided for such protection to ensure that citizens’ rights were not trounced on by the all-powerful arms of the national government.
As novel problems arise, the Constitution has been interpreted as a “living document.” What this metaphor denotes is that the Constitution grows and evolves to respond accordingly to a progressing society (Dodson 1231). The Framers of the Constitution could have never possibly envisioned or fathomed the incredible advances in technology and science. If Thomas Jefferson had been asked whether the Fourth Amendment was intended to protect the information on cell phones from being searched without a warrant, he would have no reference point to properly comprehend the problem. But interpreting the Constitution as a “living” Constitution enables ample flexibility to encompass cell phones under a general right to privacy that inheres within the intention of the Fourth Amendment. Other modern rights, such as the right to sexual privacy, the right to obtain an abortion, and the right of same-sex couples to marry, have been interpreted as substantive due process rights under the penumbra of the Fifth and Fourteenth Amendments.
Although some more conservative Justices and judges are critical of the notion of interpreting the Constitution as a “living” document, any other interpretation would not serve the needs of current society. As the Constitution is the supreme law of the land, it trumps all other federal, state, and local laws. Thus, there is a need for the Constitution to be sufficiently flexible to protect the rights and liberties of the people.
In short, the US Constitution is the building block of America. The Constitution enabled its citizens to stand as one and, consequently, has made America stronger as a nation. I believe the Constitution is still extremely relevant today. As new problems arise, the Constitution adapts and develops to meet those problems. Courts interpret the Constitution not as a rigid and antiquated document, but as a “living” document that is amenable to change. Despite the changes that occur and the great pace of modernization, the Constitution’s main purpose is non-volatile and still is still endures to serve the citizens of this great nation.
Works Cited
California. Govtrack.us. Web. 17 Mar. 2016.
Constitution of the United States. Web. 17 Mar. 2016.
Dodson, Scott. “A Darwinist View of the Living Constitution.” Vanderbilt Law Review
(2008). Web. Mar. 17, 2016.
Is the constitution still relevant today? Web. 17 Mar. 2016.
Maggs, Gregory E. “A Concise Guide to the records of the Federal Constitutional
Convention of 1787 as a Source of the Original Meaning of the U.S.
Constitution.” George Washington Law Review, (2012). Web. Mar. 17, 2016.
United States Constitution, . Web. 17 Mar. 2016.
