Flexibility Principle Essay

Our 16th President Abraham Lincoln one time said that bondage was a “Peculiar institution” . Long after that statement about bondage he would amend the the 13th amendment that abolished slavery. This amendment secured the approval of autonomy for the African Americans. The fundamental law is built on six basic rules ; popular sovereignty. federalism. separation of powers. cheques and balances. and Flexibility. Out of the six basic principles the fundamental law is made up of. the flexibleness rule is one ground why I am non a slave in America today. Why is that? The flexibleness rule allowed the fundamental law to alter as the times and the conditions for the state changed. The flexibleness rule best secures our approvals of Liberty to ourselves and Posterity. This is exemplified in the elastic clause. the amendment procedure. and the act of Judicial interpretation/review.

The first illustration of how flexibleness in our fundamental law secures the approvals of autonomy of ourselves and our descendants is the elastic clause. Otherwise known as the necessary and proper act. U. S. Constitution article one subdivision eight allows Congress to go through Torahs that are necessary and proper with the alteration in clip and status for the state. The Legislative subdivision is affected by the elastic clause because the clause decides whether the jurisprudence being made is necessary and proper for our state. For illustration. an act that would demo the elastic clause would be the ADA or Americans with Disabilities Act. This act was passed in 1990. The ADA prohibited the favoritism of disable people. Before this act was passed. handicapped people were denied their approvals of autonomy and their descendants. This act was necessary and proper because the handicapped people did non hold the same autonomy as able bodied people. The elastic clause allowed this act to procure the approval of autonomy for handicapped people.

The 2nd illustration of how flexibleness in our fundamental law secures the approvals of autonomy of ourselves and our descendants is the amendment procedure. The amendment procedure allows Congress to add to or alter the fundamental law. An illustration of the amendment procedure would be the 19th amendment. The 19th amendment prohibited a U. S. citizen from being denied the right to vote because of gender. Prior to this amendment adult females did non hold the right to vote. With the rule of flexibleness. the jurisprudence was made by the Legislative subdivision which in kernel secured the approval of everyone’s autonomy and descendants. non merely work forces.

The 3rd and concluding illustration of how flexibleness in our fundamental law secures the approvals of autonomy of ourselves and our descendants is the Judicial reading or reappraisal. The Judicial reading decides whether what the authorities does is constitutional or unconstitutional. The Judicial reading is seen in the executive subdivision because the the executive subdivision implements Torahs that are created by the legislative subdivision. The first known usage of the Judicial reading was during the Marbury v. Madison instance. This instance was the first determination by the supreme tribunal to declare unconstitutional. The Judicial reading was the case in point set that gave the Judicial Branch the ability to declare Torahs unconstitutional. This secures our approval of autonomy of ourselves and our descendants.

In decision. the abolishment of bondage. the creative activity of women’s rights. and the passing of ADA were none of the things the framers of the fundamental law were really be aftering on seting in the fundamental law. However. their wisdom allowed the fundamental law to be flexible adequate to procure the approvals of autonomy to ourselves and our descendants. through the usage of the elastic clause. the amendment procedure. and the act of Judicial reading or reappraisal.

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