Flexibility of the United States Constitution

Introduction

• The Constitution's flexibility is one of its most ingenious features.
• A major flaw of the Articles of Confederation was its inability to change due to needing unanimous consent for amendments.
• The Constitution corrects this flaw with mechanisms to adapt to modern demands.

Mechanisms for Change

1. Amendment Process

   • Amendments are difficult but not impossible to make.
   • Proposal requires two-thirds approval in both the House of Representatives and the Senate.
   • Ratification requires three-fourths of the states.
   • 27 amendments have been ratified since the Constitution's inception.
     • The first 10 are the Bill of Rights, added almost immediately.

2. Judicial Review

   • The Supreme Court can determine the constitutionality of laws.
   • Example: Changes in views on segregation.
     • 1896: Plessy v. Ferguson upheld segregation under the 14th Amendment.
     • 1954: Brown v. Board of Education ruled segregation unconstitutional.
   • Societal views and court interpretations can change over time.

3. Elastic Clause

   • Found in Article I, Section 8 of the Constitution.
   • Allows Congress to make laws deemed "necessary and proper."
   • Enables adaptation to unforeseen future needs (e.g., internet laws, airline travel regulations).

Conclusion

• The Constitution maintains its integrity while adapting to modern needs.
• It remains relevant due to these flexible mechanisms, despite being written in 1787.