William_T._Bianco,_David_T._Canon]_American_Polit

Is the Constitution a “living” document? 59

Is the Constitution a “Living” Document?

Polls suggest that many Americans are unfamiliar with the Constitution’s basic

provisions. Indeed, a national poll found that only 26 percent could name all three

branches of the U.S. government, while 31 percent could not identify even one;

12 percent believed there was a constitutional right to own a pet, and 34 percent

thought there was a right to own a home.^23 Even more disconcerting, another poll showed

that 52 percent could name at least two members of Bart Simpson’s family, while only

28 percent could list more than one of their five First Amendment rights.^24 In the face of

such public ignorance, can the Constitution provide the blueprint for modern democratic

governance? If so, how has it remained relevant after more than 200 years? The answer to

the first question, in our opinion, is clearly yes. Although the United States falls short on

many measures of an ideal democracy, the Constitution remains relevant in part because

it embodies many of the central values of American citizens: liberty and freedom,

majority rule and minority rights, equal protection for all citizens under the laws, and a

division of power across and within levels of government. The Constitution presents a list

of substantive values, largely within the Bill of Rights, aimed at legally protecting certain

individual rights that we still consider basic and necessary. The Constitution also sets out

the institutional framework within which the government operates.

But these observations beg the question of why the Constitution remains relevant

today. Why does this framework of government still work? How can the framers’ values

still be meaningful to us? There are at least three components of the Constitution

that allow it to continue as a “living” document: the ambiguity in central passages

that permits flexible interpretation, the amending process, and the document’s own

designation of multiple interpreters of the Constitution. These factors have allowed the

Constitution to evolve with the changing values and norms of the nation (see the Take a

Stand feature).

Ambiguity

The Constitution’s inherent ambiguity is a characteristic that has kept the document

relevant to this day. Key passages were written in very general language, which has

allowed the Constitution to evolve along with changing norms, values, and political

contexts. This ambiguity was a political necessity: not only were the framers aware

that the document would need to survive for generations, but in many instances

the language that they chose was simply the only wording that all the framers could

agree on.

Three of the most important parts of the Constitution are also among its most

ambiguous: the necessary and proper (or elastic) clause, the executive powers clause,

and the commerce clause. As discussed earlier, the necessary and proper clause gives

Congress the power to enact laws that are related to its enumerated powers, or those

that are explicitly granted. But what does “necessary and proper” mean? For the most

part, Congress gets to answer that question.

The executive powers clause is even more vague: Article II begins with the words

“The executive Power shall be vested in a President of the United States of America.”

This sentence has served to justify a broad range of presidential actions because it does

not define any boundaries for the “executive powers” it grants. The vague wording

was necessary because the Constitutional Convention delegates could not agree on

EXPLORE HOW THE

MEANING OF THE

CONSTITUTION HAS

E VO LV E D

The people made the

Constitution, and the people

can unmake it. It is the creature

of their will, and lives only by

their will.

—Justice John Marshall

executive powers clause

The part of Article II, Section 1, of

the Constitution that states: “The

executive Power shall be vested in

a President of the United States of

America.” This broad statement has

been used to justify many assertions

of presidential power.

commerce clause

The part of Article I, Section 8, of the

Constitution that gives Congress

“the power to regulate Commerce...

among the several States.” The

Supreme Court’s interpretation

of this clause has varied, but today

it serves as the basis for much of

Congress’s legislation.

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