How does the dynamic,a process or system characterized by con tant change, nature of our Constitution help our government keep up with the changing ti mes? Because of the flexibility of our constitution, we are able to change it on a day to day basi s. The variation of how the Constitution can be changed include formal changes, interpretatio ns, and traditions. Formal changes, also knows as amendments, an addition or alteration to legal document, is one way the government can adjust our constitution to the chan ging times.
Although this method is less common because of the long process, it doesnt ean its not possible. In 1965, the war of Vietnam arose, and the second most recent ame ndment was added. According to document E, the war required soldiers to be drafted at th e age of 18. At the time the voting age was 21, and the average soldier was 26, which meant t hey could vote for who was sending them out to danger. It was thought that as long as soldie rs were drafted to the war at 18, it was only fair to let them vote. The 26th amendment is an e xample of how we keep up with the changing times with the use of formal changes.
Established in Article 2, section 2, Of the Constitution, traditions, the transmiss ion of customs from generation to generation, are also known as the unwritten laws for the President. The tradition of the Cabinet dates back to the beginning of the Pres idency itself. As claimed by Document A, George Washington, the very first President, started t he Cabinet Block 3/4 which held 6 positions as of September 1789. The dynamic nature of our Con stitution allows the current and or future presidents to modify the roles to his needs. As of Jul y 2013, 11 epartments have been added to the Cabinet.
As our country grows, the Presi dent has the power to establish departments in the Cabinet to assist him in any subject the President may require support for his duties. “Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentu ating the difficulties of the present situation. ” Interpretations are also a part of the dyn amic features of our Constitutional. Interpretations are split into two, Judicial review and the El stic Clause.
Judicial review allows the Judicial branch to “change” the law to adjust to the morals of the time. Because the Supreme Court cannot be fired, they have no influence tow ards their decision. The flexibility of our Constitution gives the opportunity for the interp ertations of the Supreme Court to change over the years. As an example, during the case of Pl essy v. Ferguson of 1896, the Supreme Court ruled having separated carts was consti tutional as long as it was “seperare but equal,” only because this case was a social issue and n t political(Document B).
However; 58 years later, the Supreme Court’s conclusio n had changed, not in the same case but in a very similar one. In 1954, Brown v. Boa rd of Education made another impact to society. The Supreme Court decided “separate but e qual” was unconstitutional and violated the 14th amendment. Just like in Plessy v. Fergu son, Brown pleaded the 14th amendment, but something had changed to change the inte rpretation of the Supreme Court, time. Article one, section 8, of the Constitution, holds one of the most flexible parts f our Constition, the Elastic Clause.
The Elastic Clause, also known as the Necessary and Proper Clause, grants Congress to pass any law if it has to. One of the most debated t opics today is October 1 7, 2014 terrorism. As part Of the interpertations the Constitution gives, Congress was able to pass the Patriot Act. The act mainly focuses on reinforcing identifying and disabling ter rorist networks. Based on Document F, in order to maintain the Patriot act, us, as the citizens have to pay for our safety with our freedom.
Document F illustrates the Government meeting the changes occurring in society, by using the dynamic feature, interpretation. Time change itself assisted to adapt our Constitution. The dynamic nature of our Constitution helps our government keep up with changing times with the help of the dynamic features. Including the flexibility of interpretations, which include Judicial revie w and the Elastic clause. Also traditions passed down from president to president assist the Government to adjust to times.
