Question

short note on belief in constitutional method ?

Answer 1

The Constitution is many things to many people. Undoubtedly, it is the frame work for the Government of the United States of America, defining the three branches and clearing delineating the powers of the branches. It also undoubtedly grants certain power to the federal government and grants others to the states; and it undoubtedly guarantees the basic rights of the people.

The Constitution is short; it cannot and does not attempt to cover every eventuality. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power. When disputes arise, it comes time for people, and most importantly judges of the Judicial Branch, to interpret the Constitution. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality. These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. The U.S. Constitution, however, has been termed a Living Constitution, in part because it grows and adapts to internal and external pressures, changing from one era and generation to the next.

When a new situation arises, or even a new variation on an old situation, the Constitution is often looked to for guidance. It is at this point that the various interpretations of the Constitution come into play.


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