Does the Constitution Change?
Many people are quick to claim the U.S. Constitution must be radically changed; that it is inherently flawed and in need of an overhaul.
When the Constitution was written, American culture was incredibly different compared to what it is today. The Bible was more respected and considered a necessary part of life, there was no technology like what we have today, and the nuclear family was commonly accepted and understood to be a vital part of raising children… to name a few.
Should the Constitution be constantly changing to reflect these cultural shifts? Is the Constitution a living document?
Two Sides
To understand if the Constitution is indeed a living document, we must examine the two common methods of interpreting it. First, by its original intent, and second, by the current issues of the day.
Scott Cosenza, Legal Affairs Editor for Liberty Nation Gen Z, explains it this way, “Two major schools of constitutional analysis, which are often at odds, are those who champion ‘originalism’ versus those who favor a ‘living constitution.’ Broadly speaking, those in favor of originalism think the plain meaning of the words of the Constitution should control challenges. The people who favor a living constitution believe that other factors not based on text, such as the values of today’s society, should have an influence.”
An Answer
Although American culture has changed since its founding, the principles of the Constitution haven’t changed. They still apply today. The Constitution was written based on absolute truths of the universe and, as such, cannot change.
Even so, some think otherwise. These people want to illogically add to, alter, or remove things from the constitution.
Supreme Court Justice Antonin Scalia said it well, “[the constitution] is not an empty bottle to be filled up by each generation.”
Amendments
Here’s where it gets a bit more complicated… surely the amendments are proof the Constitution is a living document, right?
Let’s answer this with the words of the Preamble to the Bill of Rights, “The conventions of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government, will best ensure the beneficent ends of its institution.” In other words, the purpose of amendments is to prevent abuse of power and misinterpretation of the Constitution’s purposes.
The framers of the Constitution knew that all people are sinners, and for this reason, they made it possible to amend. This ability is a key part of checks and balances. So in effect, the ability to amend the Constitution gives the states power to hold the federal government accountable for its actions.
The Constitution wasn’t designed to be amended for light reasons. As a result, amending it is difficult. This prevents people from proposing senseless or unconstitutional amendments that would radically change our country’s foundation. There have been only twenty-seven amendments passed over 230 years; the most recent one being in 1992.
Article Five of the Constitution spells out exactly how this process is to be done. This short video explains it well: https://www.youtube.com/watch?v=VRP4HtT4WL8
What Can We Do?
It is our duty as Christians to protect our nation’s Christian values. The Constitution is required to help protect these values. If the Constitution is thrown in the trash so will our nation’s original Christian values.
To keep these values, we must support people in office who understand the need to protect our precious Constitution and are willing to do so. We need leaders who interpret the Constitution by its original principles, not those who interpret it based on the passing fads of the day.
We also need to use the tools given to us in the Constitution, such as Article Five, to stop those in government from abusing their powers. To learn more, check out the organization, Convention of States, which is doing just that, here: https://conventionofstates.com/
Above all, it’s our job to make sure those around us understand these principles and join in the efforts for preserving them.
Conclusion
Thomas Jefferson said, “I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them and find practical means of correcting their ill effects.” Jefferson understood the need to be careful when amending the Constitution, but he also knew it needed to be in place to protect America from those seeking to destroy it.
On one hand, clarifying the Constitution through amendments is a protective measure. On the other hand, aimlessly changing it results in its demise. The latter results in blindness to our nation’s Godly, founding principles.
Without the Constitution as it was originally written, the United States of America cannot “… form a more perfect Union…” or “… secure the blessings of liberty to ourselves and our posterity…”.
May the elected leaders across this nation follow the Constitution’s original intent. And if they don’t, may the citizenry be awake enough to vote them out of office.
Preach it! Very well said, Sam. The Constitution is the bedrock of this Nation’s house. Make that foundation malleable and overly flexible, and it becomes…….sand.