What is the various challenge faced by the amendment the constitution
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India being a large and diverse country faced various difficulties while drawing up its Constitution. The problems were: During the making of the Constitution, the people of India were emerging from the status of subjects to that of citizens. The partition of the country happened on the basis of religious differences.
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Answer:
Issues at the intersection of law and culture pose the greatest challenge to our Constitution. Today’s views of segregation, reproductive rights and same-sex marriage would have been unthinkable to the founders, and their views would be unworkable for us today. Judges have the hard job of determining when the culture has changed enough that the law must change.
The best assurance of constitutional health is the consistent application of the law and all its judicial precedents. The adjudication of same-sex marriage in California has been a model of such judicial rigor, addressing the activist politics on both sides within a consistent legal framework. Other courts may apply equal rigor and reach a different result. These are the growing pains of a rapidly changing culture.
These are also the difficulties of working with a very old founding document. Only by respecting its evolution through generations of careful interpretation can we hope to maintain our Constitution in its third century.
RON L. MEYERS
New York, March 12, 2012
The writer is a lawyer.
To the Editor:
One comes away from J. Harvie Wilkinson III’s paean to judicial restraint wondering what purpose he thinks the Constitution serves and whether it should play any meaningful role in limiting the size, scope or intrusiveness of government.
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Some of the Supreme Court’s most appalling moments have been when it deferred to the base impulses of political majorities and upheld policies like racial segregation, internment of Japanese-Americans during World War II, eugenic sterilization and the abuse of eminent domain for ill-conceived “economic development” projects.
It is difficult to tell which, if any, of those decisions Judge Wilkinson’s highly deferential theory of judicial review would reject. The Constitution is not a majoritarian document, and there is no “inalienable” right to arbitrarily impose our will on other people, whether through naked coercion or politics masquerading as law.
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