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Why Is The Constitution Alive

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What comes to mind when you hear that the Constitution remained a living document?" It may sound strange to you, because you may ask "how the document is alive?" It 's not literally alive, but because of the analysis, study, and interpretation that the Supreme Courts implements, the Constitution remains vital, after it was written 200 years ago I could show several living examples of decisions made by justices who dealt with the same case and used the same amendments but interpreted the constitution differently. This complexity helps the constitution to be relevant and useful guide for our country 's democratic system. There were three petitioners who were suspended from school for wearing black armbands to protest against the Government 's policy in Vietnam. In December, 1965, a group of …show more content…

Judge Fortas insisted that under the Constitution, the students possessed fundamental rights to express their opinion as people of America. On the other hand, Judge Black rebutted:” I think the record overwhelmingly shows that the armbands did exactly what the elected school officials and principals foresaw they would, that is, took the students ' mind off their classwork and diverted them to thoughts about the highly emotional subject of Vietnam war. if the time has come when pupils of state- supported schools can defy and flout orders of school officials to keep their minds on their own work, It is the beginning of a new revolutionary era of permissiveness in this country fostered be the judiciary.” Judge Black has entirely different view with what the school authorities had done to students wearing armbands. He justified the prohibition of armband for wearing them would distract the students ' minds. His dissent was exaggerated of the result of permitting rights of free speech in schools. His way of using an exaggeration weakens his argument considerably. He further pointed out his worries that state supported-schools’ students could defy and flouts orders of

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443 Words | 2 Pages

This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.

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The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to

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Introduction: You are sitting at your desk, taking notes from a teacher, and learning about the Revolutionary war. All of a sudden, you are banned from school and ripped from your studies, all because you believed in Gandhi’s non-violent movements. This same case happened to the Tinker students in Des Moines, Iowa. In the year 1965, the time of the Vietnam war, a group of students came together and wore black armbands with a white peace sign embeded on the side. These armbands were banned by the principals and the school board, with the punishment of suspension until the student was willing to take the armband off.

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But the speech is private, fully protected speech. The authors state that when the students are on the field in uniform, this does not mean that they become representatives of the state or instruments of the school. High school students’ rights should be protected and not be censored. “This is because "[t]he Nation's future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth out of a multitude of tongues, [rather] than through any kind of authoritative

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Frederick case precedents were used. Tinker v. Des Moines (1969), Bethel v. Fraser (1986), and Hazelwood School District v. Kuhlmeier (1988) were the precedents used during the Morse v. Frederick court case. When the court mentioned the Tinker v. Des Moines case as a precedent they said according to the First Amendment students had the right to Freedom of Speech but “can only be prohibited if it substantially disrupts the educational process. ”(United States Courts) In this case Tinker said that the wearing of “armbands by students to protest the Vietnam War” was protected through the First Amendment because it was a “protected political speech”.

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The Constitution, a document written and signed in 1787 by the Philadelphia Convention, was created after many of the country's leaders at the time had become dissatisfied with the structure of government created by the Articles of Confederation. The intention of the Constitution was so it could withstand the drastic changes of the forever improving U.S. Government. Throughout Richard Stengel’s work, “One Document, Under Siege”, there is a common theme stating that the Constitution is a living document that could withstand conflict and opposition. For a start, Richard Stengel uses many examples throughout his work to prove his point, that the Constitution was a living, breathing document, and that it was the intentions of our Founders to

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The U.S. Constitution is the result of the wisdom of our Founding Fathers. They had the foresight to write the Constitution in a flexible manner so that it will continue to adapt to the changing times. Two hundred and twenty two years later, the U.S. Constitution is as relevant today as it was the day it was created. For this reason, the U.S. Constitution is known as a living document. It is the oldest and shortest written Constitution of any major government in the world.

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The U.S. Constitution is a Living Document Since society has changed dramatically between the eighteenth and twenty first century, the U.S Constitution should be considered as a living document because it is not applicable in today's society and therefore in need of some changes in order to fit into today’s society. When our founding fathers wrote the constitution they did not have in mind all the technological advancements the U.S. will one day have. Such as the internet, television, radio, and so on. Other’s will say that if the constitution was considered a living document then judges will take advantage and manipulate the constitution to their benefit, but they don’t realize that people already manipulate the constitution. There were laws that contradicted the constitution like the Judiciary Act of 1789, which contradicts Article III of the Constitution in the Marbury v. Madison case.

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After watching the YouTube video Justice Antonin Scalia: The US Constitution is 'Dead ' and listening to the interviewer quote “the constitution that I interpret and apply is not living but dead” I had already began to piece together the idea of what the constitution being considered living was that the idea of the constitution being dead to me meant that the items within the constitutions preamble as well as its articles were no longer being applied or exercised to the people, for the people. The Preamble of the constitution states “In order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide common defense…” so by the comment of being of the idea of dead, it sounds as if those points in the preamble are

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The Constitution The U.S constitution is not relevant to our modern society and needs to be revised. The document is to outdated and doesn't fit our modern standards today. The document has become outdated. Our society has changed so much as a whole in many different ways. Yes some things are still relevant but is it accurate?

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To analyze the both sides of the articles, ¨The Articles of Confederation¨ and ¨The U.S. Constitution¨. They have many similarities and differences within the two. The U.S. Constitution was adopted in September 1787. The Articles of Confederation was adopted on November 15, 1777. The similarities between the two is that they both have a Congress that can make laws, as it says in ¨The Constitution of the United States of America¨ in article 1 it states ¨All making powers are given to a Congress¨.

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The Constitution of the united states of America means to me my rights as an American citizen. The constitution makes me feel safe from the government because it protects my rights. It lets me know the government power over the people, and the laws they can make and the laws they can not make. The Constitution ensures my freedom as an American. It is a very important document for the United States of American for the president to follow.

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Remove or Revise Zero-tolerance policies are policies that have been adapted in work places, communities, and, most frequently, schools. Depending on how certain schools are run and who they are run by, zero-tolerance policies could be positive and helpful or negative and harmful. Many people wonder are these policies really effective in reducing crime and creating safer environments in schools like lawmakers claim these policies are doing ; most of the opponents to zero-tolerance policies believe that the policies are just cruel punishments that add to the problems that already exist in our schools and communities. There are obviously those who feel that the policies do exactly what they say they do; advocates for zero-tolerance policies

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In 1969, the U.S. Supreme Court case Tinker v. Des Moines Independent Community School District upheld the right to freedom of speech of students to protest the Vietnam war by wearing black armbands. The case explained the problem that “students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” (Student) As students, we are free to express ourselves through what we wear. As students, we have every right to proclaim our beliefs

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First, the words and the framing of the document are deliberatively vague, and secondly, the notion of the constitution as a ‘living tree’ has created tremendous progress for the country. Therefore,

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