How do the broad language and general principles of the Constitution affect constitutional change?
The U.S. Constitution is broad in some aspects and strict in others as a means for allowing it to stay relevant for a long time. The founders knew very well that they could not foresee all of the changes that would happen after them. The necessary and proper clause (Article I, Section 8 clause 18) underscores that flexibility. However, they also placed some fairly direct language as well. Ex post facto laws are expressly forbidden and the language is so direct on that matter that very little litigation exists on the topic compared to other items in the U.S. Constitution. The careful crafting of the language typically allows for one of the three major branches, which in most cases is the judiciary, to have the wiggle room to be able to handle new challenges without violating the constitution. However when more serious and drastic challenges arise where new changes are required to the constitution the amendment process becomes purposefully inflexible. The amendment process was written to be slow and extremely difficult to accomplish as a safeguard against rapid change that could occur from flash in the pan issues. The multiple paths to amend the U.S. Constitution outlined in Article V also ensure though that if a change must be made it couldn’t be blocked forever. In conclusion, the beauty of the language in the U.S. Constitution is that it’s broad where it needs to be and specific in other aspects. The language also tempers how fast, slow, great, or small changes can occur in the United States. Truly each word and placement of that word in this document helps to contribute to the enthralling nature of the U.S. Constitution.
