FAQ

Is the U.S. Constitution ambiguous?

Is the U.S. Constitution ambiguous?

Although legal language, by itself, can be difficult to fully comprehend, the language in the Constitution and the Bill of Rights is especially ambiguous, allowing for multiple possible interpretations and understandings of the real meaning of the governing documents.

Why was the Constitution left so vague?

The Constitution left many aspects of our governance and our rights intentionally vague, partially because it would have been impossible for the Framers to predict the evolution of society.

What were the advantages of the U.S. Constitution?

First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.

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Which amendments in the U.S. Constitution specify the relationship between the federal government and state government?

The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments.

Why is the Constitution open to interpretation?

In retrospect, it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions.

Why does the Constitution need to be interpreted?

To determine the original meaning, a constitutional provision is interpreted in its original context, i.e. the historical, literary, and political context of the framers. From that interpretation, the underlying principle is derived which is then applied to the contemporary situation.

What are the problems with vague laws?

Vague laws involve three basic dangers: First, they may harm the innocent by failing to warn of the offense. Second, they encourage arbitrary and discriminatory enforcement because vague laws delegate enforcement and statutory interpretation to individual government officials.

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Is the Constitution vague or specific?

For all its inspiring rhetoric and historic significance, the U.S. Constitution is also pretty vague at points (not to mention very old-timey sounding). Containing 4,543 words, it takes just a half hour to read, yet it remains the law of the land for a powerful nation of over 300 million people.

What are the disadvantages of the US Constitution?

Disadvantages

  • Produces a weak government through gridlock.
  • Rigid.
  • Produces a powerful unelected Supreme Court that is politicised.
  • There are outdated elements.
  • Produces overrepresentation of small states, which affects the Senate, constitutional amendments and the Electoral College.

What are disadvantages of Constitution?

Very expensive and time-consuming. It may not be able to serve the needs of an emergency situation. It is subject to frequent litigations. The rigidity of the Constitution makes it difficult to amend easily.