The government of America has been instrumental in fostering the rights of its citizens by advocating for their liberty, peace, dignity, and integrity. According to Feinstein (2017), conservatives believe that the Constitution is entirely relevant and that the principles set up by the founders are still relevant and insightful to issues affecting the nation to date. The argument is that the provisions of the constitution and the amendments made to it are applicable today even in situations not envisioned by the founding fathers (Pearson Education, Inc., 2017). On the other hand, liberals are of the opinion that though the old documents and the constitution are interesting and should be studied, they cannot be relied upon in decision-making in the modern world.
In questioning the relevance of the constitution in today’s life, philosophers have argued that the enormous change in society disqualifies the constitution’s ability to provide an adequate legal roadmap or any substantive guidance to today’s culture. The argument is that the wisdom of the founding fathers was limited to their environment and issues at the time of the formulation of the constitution, which included the freedom of slaves, women rights among other fundamental rights. However, the need for the protection of people’s rights has changed due to cultural alterations today as norms and culture of people are being modified. Today, the most pressing needs in the protection of human rights include gay rights and the balance of human rights in the fight against terrorism.
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In ruling whether the constitution is a living document or not, it is better to understand the real motive of the founders of the law. No matter the time and age of the constitution and the amendments, it clear to understand the principle underlying the provisions since the protection of human rights is to ensure that the powers of rulers do not allow the infringement to personal rights (Fiderer, 2018). It is, therefore, prudent to note that no matter the time or age, the principles will always apply as long the purpose of its interpretation is to bring peace, integrity, and liberty to Americans. In this regard, the constitution is seen as a living constitution as it will always remain relevant to whatever issues are faced as far as the same principles are held.
References
Federer. B., (2018). Who came up with the Constitution as a 'living document'? Retrieved from https://www.wnd.com/2018/09/who-came-up-with-constitution-as-a-living-document/#ZWcXBgtwhwfCWTG6.99
Feinstein, S., (2017). Is the constitution a Living Document? Retrieved from https://www.cnsnews.com/commentary/steve-feinstein/constitution-living-document
Pearson Education, Inc. (2017). Explaining the Constitution Should We Consider the Constitution to Be 'Living' or 'Dead'? [Video]. Retrieved from https://mediaplayer.pearsoncmg.com/assets/_video.true/mypoliscilab-2017-AmGov-Explaining_Constitution
