American Politics Today - Essentials (3rd Ed)

IS THE CONSTITUTION A “LIVING” DOCUMENT?| 47

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. For instance, 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? Congress for the

most part gets to answer that question.

IMPLIED POWERS

Furthermore, there have been signifi cant changes in the way that the Constitu-
tion structures the policy-making process, even though the pertinent text of the
Constitution has not changed.^12 This point is best understood by examining the
concept of implied powers—that is, powers not explicitly stated in the Constitu-
tion but that can be inferred from an enumerated power. The Supreme Court often
defi nes the boundaries of implied powers, but Congress, the president, and the
public can also play key roles.
To take a recent example of Congress’s interpretation of implied powers, the
president’s appointment powers have evolved as the Senate has become much
more aggressive in providing “advice and consent” on presidential nominations
to the federal courts. As we explore in Chapter 13, in the past 20 years the Senate
has blocked court appointments at a signifi cantly higher rate than it did in the
fi rst half of the twentieth century. The relevant language in the Constitution is
the same, yet the Senate’s understanding of its role in this important process has
changed.

CHANGING SOCIAL NORMS

Public opinion and social norms also infl uence the prevailing interpretation of the

Constitution, as is evident in the evolving meanings of capital punishment (the

enumerated powers Powers

explicitly granted to Congress, the

president, or the Supreme Court in

the fi rst three articles of the

Constitution. Examples include

Congress’s power to “raise and

support armies” and the president’s

power as commander in chief.

implied powers Powers

supported by the Constitution that

are not expressly stated in it.

AMENDING THE CONSTITUTION IS diffi cult and can be controversial. Some amendments that are widely accepted today, like the Nineteenth

Amendment, which gives women the right to vote, were intensely debated prior to their ratifi cation.