An Adaptable Document
Read this short excerpt that discusses the idea that the U.S. Constitution is a "living" document. This implies its interpretation must evolve to meet the needs of contemporary society.
The Constitution's influence was immediately felt beyond the borders of the United States. In the late 18th century, the adoption of a written constitution became intrinsically identified with aspirations for self-government. On May 3, 1791, Poland produced Europe's first written constitution, followed soon thereafter by France.
Not surprisingly, the American experience often was cited in other countries' debates on the drafting of their constitutions. In Germany, for example, the delegates who met at Frankfurt's Paulskirche in 1848-1849 frequently invoked American ideas in shaping their proposed constitution.
No one in France, Germany, or elsewhere supposed, of course, that one simply should copy the American model. Any constitution, to be viable, must be grounded in a country's own history, culture, and traditions. But the U.S. Constitution, especially as implemented with key interpretations by the courts over more than two centuries, undoubtedly has helped frame debate over fundamental laws in other places.
What contributions did the Philadelphia constitutional convention delegates, and those who subsequently worked to modify the Constitution, make to constitutional democracy at home and abroad? Among those contributions are the following:
Various reasons account for the success of the 1787 constitutional convention. Disagreeing on some important issues, the delegates nonetheless largely shared a sense of common purpose. They proved able to rise above parochial interests to serve the greater good. Leadership proved critical. Madison, going into the convention with nationalist goals, was willing to accommodate the convention's result and argue forcefully for the partly national, partly federal arrangement.
Britain's late 19th-century Prime Minister William Gladstone has been quoted as calling the U.S. Constitution "the most wonderful work ever struck off at a given time by the brain and purpose of man." There is little doubt that the Philadelphia delegates produced one of history's most durable and influential documents. It has proved to be, as John Marshall, the nation's third Supreme Court chief justice, said, adaptable to the great crises of a great nation. Scholars sometimes speak of "constitutional moments" – those catalytic events that frame the fundamental contours of a polity. If there are such things as "constitutional moments," then the 1787 convention was surely one of them.
Not surprisingly, the American experience often was cited in other countries' debates on the drafting of their constitutions. In Germany, for example, the delegates who met at Frankfurt's Paulskirche in 1848-1849 frequently invoked American ideas in shaping their proposed constitution.
No one in France, Germany, or elsewhere supposed, of course, that one simply should copy the American model. Any constitution, to be viable, must be grounded in a country's own history, culture, and traditions. But the U.S. Constitution, especially as implemented with key interpretations by the courts over more than two centuries, undoubtedly has helped frame debate over fundamental laws in other places.
What contributions did the Philadelphia constitutional convention delegates, and those who subsequently worked to modify the Constitution, make to constitutional democracy at home and abroad? Among those contributions are the following:
- The Constitution, with its explicit reference to its being ordained by "We the People," stands for government based on popular consent.
- The Constitution declares that it, and laws enacted "in Pursuance thereof," shall be the "supreme Law of the Land." Implemented by judicial review – the courts' power to invalidate laws found to be in conflict with the Constitution – this principle ensures that constitutional guarantees protect minority rights and liberty even against democratically elected majorities.
- The Constitution's text – and the debates over its drafting – remind us that institution and structure are fundamental to balancing society's need for order with individual liberty. Limited government finds handmaidens in concepts from the fourth U.S. president, James Madison, such as separation of powers and checks and balances, that enable the apportionment of real power and authority among the executive, legislative, and judicial branches of government.
- Partly through practical compromise, the Constitution aims at creating a central government with sufficient energy while preserving citizens' ability to address local issues at the local level. Federalism in its various forms, such as devolution – that is, the retention of viable state and local governments as well as the structure of a federal government – has proved increasingly attractive as a way of balancing national and local needs in many nations.
Various reasons account for the success of the 1787 constitutional convention. Disagreeing on some important issues, the delegates nonetheless largely shared a sense of common purpose. They proved able to rise above parochial interests to serve the greater good. Leadership proved critical. Madison, going into the convention with nationalist goals, was willing to accommodate the convention's result and argue forcefully for the partly national, partly federal arrangement.
Britain's late 19th-century Prime Minister William Gladstone has been quoted as calling the U.S. Constitution "the most wonderful work ever struck off at a given time by the brain and purpose of man." There is little doubt that the Philadelphia delegates produced one of history's most durable and influential documents. It has proved to be, as John Marshall, the nation's third Supreme Court chief justice, said, adaptable to the great crises of a great nation. Scholars sometimes speak of "constitutional moments" – those catalytic events that frame the fundamental contours of a polity. If there are such things as "constitutional moments," then the 1787 convention was surely one of them.
Source: U.S. Department of State, https://web.archive.org/web/20150907130727/http:/iipdigital.usembassy.gov:80/st/english/article/2007/11/20071116171859xjsnommis0.2225916.html
This work is in the Public Domain.
Last modified: Thursday, July 13, 2023, 3:47 PM