cons of a vague constitution

. . Philip A. Dynia. This common misconception stems from the fact that the la… What are the pros and cons of having a constitution that is written vaguely? 3. 62 warns of the “calamitous” results if laws are “so incoherent that they cannot be understood. James Madison in Federalist No. The Supreme Court has often declared that the Constitution prohibits the enforcement of vague laws. Exam questions may ask for you to evaluate these and as such, you should be clear on the strengths and weaknesses together with examples to back up your arguments. What are the pros and cons of having a constitution that is written vaguely? Boston House, Why is our Constitution vague? Pick a "vague' portion of the US Constitution. Pros. Cons Leaders can take advantage of vague constitutions to abuse power. . Factions are created among government branches due to different interpretations of the Constitution. Weaknesses of the Constitution. APA … Pick a “vague’ portion of the US Constitution. A law that defines a crime in vague terms is likely to raise due-process issues. 2. Has this vagueness in terminology been problematic or helpful? Chemerinsky, Erwin. 1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Assess the validity of this claim", Unit 4 Essay Advice: "The House of Representatives is the least powerful chamber of Congress. Every country has a constitution of some sort that outlines the government’s structure. What are the pros and cons of having a constitution that is written vaguely? 2009. Evidence comes in the form of the limited number of amendments since 1787. What are the pros and cons of having a constitution that is written vaguely? Most troubling for Justice Stevens was the immense discretion given police officers in determining whom to arrest when. . (Compare it to a state constitution sometime.) This article was originally published in 2009. Since the British people are politically advanced, they have been successful in the working of their flexible constitution. . All students completing their Edexcel A-Level Politics qualification in 2021. Why is our Constitution vague? Learn more ›. Why is our Constitution vague? . Pro's. Fallon, Richard H., Jr. “As-Applied and Facial Challenges and Third-Party Standing.” Harvard Law Review 113 (2000): 1321–1397. Why is our Constitution vague? Pick a "vague' portion of the US Constitution. Buck, Stuart, and Mark L. Rienzi. The textbook goes on to describe the pros and cons of a vague constitution. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. plainly and perspicuously penned. “Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitutional Challenges to Uninterpreted State Statutes.” Utah Law Review (2002): 381–471. This makes it a considerably small document considering the power it yields over the country. As early as 1963, in NAACP v. Button, the Court explained that “[s]tandards of permissible statutory vagueness are strict in the area of free expression. Extremely difficult to pass new amendments. Pros: * A consise document that outlined the ideals of the enlightenment period and put into practice a new form of government. The only area where the Constitution was deliberately vague was concerning the issue of slavery. Fax: +44 01937 842110, We’re proud to sponsor TABS Cricket Club, Harrogate Town AFC and the Wetherby Junior Cricket League as part of our commitment to invest in the local community, Company Reg no: 04489574 | VAT reg no 816865400, © Copyright 2018 |Privacy & cookies|Terms of use, Government & Politics of the USA - US Constitution & Federalism, Unit 4 Essay Advice: "It is better to be a Senator than a Representative. Much cheaper & more effective than TES or the Guardian. Encyclopedia Table of Contents | Case Collections | Academic Freedom | Recent News, A law that defines a crime in vague terms is likely to raise due-process issues. . Post, Robert C. “Reconceptualizing Vagueness: Legal Rules and Social Orders.” California Law Review 82 (1994): 491–540. Pick a “vague’ portion of the US Constitution. Has this vagueness in terminology been problematic or helpful? Checks and Balances: Checks and Balances ensure that all branches of government have their power checked against the others resulting in a balanced system of government for the people, Vagueness: The ambiguity with which the Constitution was written allows for interpretations to form, together with the politicisation of the judiciary. Pick a “vague’ portion of the US Constitution. Pick a “vague’ portion of the US Constitution. Definition. “Impeachment is an emergency, break-the-glass procedure in our political system,” Urman says. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. What are the pros and cons of having a constitution that is written vaguely? Vague laws raise problems with due process According to the U.S. Supreme Court in Connally v. . A law that defines a crime in vague terms is likely to raise due-process issues. According to the U.S. Supreme Court in Connally v. General Construction Co. (1926), a law is unconstitutionally vague when people “of common intelligence must necessarily guess at its meaning.” Whether or not the law regulates free speech, if it is unduly vague it raises serious problems under the due process guarantee, which is applicable to the federal government by virtue of the Fifth Amendment and to state governments through the Fourteenth Amendment. . Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. .” (Blackstone relates that a man who stole one horse was not penalized under a statute which forbade “stealing horses.”) In France, Montesquieu’s Spirit of the Laws urged that laws be concise, simple, and devoid of “vague expressions.” (Image via, Legal Terms and Concepts Related to Speech, Press, Assembly, or Petition, http://mtsu.edu/first-amendment/article/1027/vagueness, First, due process requires that a law provide fair warning and provides a “persons of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”, Second, the law must provide “explicit standards” to law enforcement officials, judges, and juries so as to avoid “arbitrary and discriminatory application.”, Third, a vague statute can “inhibit the exercise” of First Amendment freedoms and may cause speakers to “steer far wider of the unlawful zone . "Void for Vagueness." 214 High Street, But the Court did suggest three reasons why overly vague statutes are unconstitutional. . Failure to do so could lead to imprisonment. The Court upheld a city ordinance restricting any “noise or diversion” that would disrupt activities at a public school against claims of vagueness. The U.S. Constitution is brief and vague. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. In constitutional terms, that is a due process / fair notice problem—an egregious one when coupled with the peculiar oppressiveness that is the hallmark of criminal law. . Justice Sandra Day O’Connor stated the fundamental concern (in the Kolender case, cited above) when she warned that if  “the legislature fails to provide . . Boston Spa, (4) Vague and indefinite: Evidence comes in the form of the limited number of amendments since 1787. Pick a “vague’ portion of the US Constitution. Required Resources Read/review the following resources for this activity: Textbook: Chapters 4, 5 Lesson Minimum of 1 scholarly source (in addition to the textbook) Initial Post Instructions Why is our Constitution vague? A fundamental explication of the modern Supreme Court’s concerns regarding overly vague statutes is found in Grayned v. City of Rockford (1972). Equality: When drafting the Constitution focusses on free men only, rather than all peoples including slaves, women, and Native Americans. Provide historical examples. Has this vagueness in terminology been problematic or helpful? Provide historical examples. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one outside scholarly source. Vagueness [electronic resource]. Discuss", Unit 4 Essay Advice: "The US Constitution is no longer fit for purpose in modern day America. . . Technically speaking, however, the UK’s constitution is notunwritten. Undoubtedly, it is the frame work for the Government of the United States of America, defining the three branches and clearing delineating the powers of the branches. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . Because Rockford’s ordinance was aimed at disruptive speech and was grounded in the interest of ensuring the order needed for a proper education, the Court found no constitutional violation. Here are the pros and cons of the constitution. . What are the pros and cons of having a constitution that is written vaguely? Has this vagueness in terminology been problematic or helpful? This vagueness has one major advantage: It makes an … The Imperial Presidency: The Constitution was vague on the powers of the executive and did not disperse executive power evenly creating the seeds of an Imperial Presidency that would come with the Nixon administration. Use evidence (cite sources) to … In other words, these rules structure the government of a state. But the U.S. Constitution is a remarkably short, and in many instances vague, document. Also, with a vague constitution, the government has to work together to have a unified agreement on it. Walter Green, used with permission from the Associated Press). . Has this vagueness in terminology been problematic or helpful? Arguably, the most well-known is the US constitution. A pro, presented by Cobb is “On the other hand, if the constitution is designed to last for longer than a generation, constitution writers must consider how their country is likely to change” (Cobb, 2019). Discuss", Unit 4 Essay Advice: "Is Congress still a powerful body? Moreover, it is the reason why it remains vague in the midst of a wide array of legal issues. If a First Amendment violation is alleged, a vague law, like one that is overbroad, is susceptible to a facial rather than an as-applied challenge. He has examined for Edexcel and holds a joint degree in History and Politics from Newcastle University. LS23 6AD, Tel: +44 0844 800 0085 . . Strengths of the Constitution. Provide historical examples. Why is our Constitution vague? Somerville, Massachusetts Says Yes.” New England Journal on Criminal and Civil Confinement 32 (Winter 2006): 161–183. The Constitution also contains a number of provisions which indirectly affect the impeachment power. The Constitution provides very little legal framework for impeachment at all, leaving plenty of room for interpretation. Discuss", Unit 3 Essay Examples: "The Electoral College is the best way to elect a president. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. . Why is our Constitution vague? plainly and perspicuously penned. Every rule has ambiguities; every rule is open to interpretation. Courts in the United States give particular scrutiny to vague laws relative to First Amendment issues because of their possible chilling effect on protected rights. Why is our Constitution vague? Provide historical examples. appeared first on Essay Hotline. Here are some additional constitutional monarchy pros and cons to think about and discuss. .” In an early federal court case, United States v. Sharp (1815), the Court argued that laws that “create crimes, ought to be so explicit in themselves, or by reference to some other standard, that all men, subject to their penalties, may know what acts it is their duty to avoid.”. Justice John Paul Stevens stressed the vagueness of the ordinance’s definition of loitering (being in a place for no apparent purpose) as well as the uncertainty of the behavior needed to avoid arrest (if one moves down the block or goes around the block and comes back, has one dispersed?). (AP Photo/J. Provide historical examples. Same words may be interpreted differently depending on the time and circumstance eg 14th amendment said to mean 'separate but equal' in Plessy v Ferguson, but segregation was unconstitutional in Brown V Board. . Act as a model: Constitution influences other countries who want to be independent. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . A constitutional monarchy creates a system of checks and balances that prevents one governing body or individual from obtaining too much power. What are the pros and cons of having a constitution that is written vaguely? ed. Has this vagueness in terminology been problematic or helpful? Loitering laws are one example of laws that can be unconstitutionally vague. Has this vagueness in terminology been problematic or helpful? The Court reemphasized this position in City of Chicago v. Morales (1999). Why is our Constitution vague? A Chicago ordinance required gang members to disperse if ordered to do so by a police officer if the officer reasonably believed that at least one person in a group of two or more was a gang member and these individuals were loitering. .” A century later Sir William Blackstone in his Commentaries on the English Constitution explained the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. Packebusch, J. Elizabeth. .” A century later Sir William Blackstone (pictured here) in his Commentaries on the English Constitution explained the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. Provide historical examples. A constitution is simply the set of rules that govern how power is distributed and exercised. Provide historical examples. .” A century later Sir William Blackstone (pictured here) in his Commentaries on the English Constitution explained the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. A pro, presented by Cobb is “On the other hand, if the constitution is designed to last for longer than a generation, constitution writers must consider how their country is likely to change” (Cobb, 2019). Thus, in overturning a California loitering law that required persons who wander or loiter on the streets to provide “credible and reliable” identification in Kolender v. Lawson (1983), the Supreme Court explained that “the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory treatment.”, The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). Pros and Cons of a Codified Constitution. . Bill of Rights: Enshrined rights have stood the test of time with US Citizens free to assemble and have free speech alongside all the legal rights which some countries do not afford to their citizens. The United States Constitution comprises of 4,543 words. The Supreme Court … The Constitution is many things to many people. The UK, on the other hand, appears to have an unwritten constitution. 2d. Fallon, Richard H., Jr. “Making Sense of Overbreadth.” Yale Law Journal 100 (1991): 853–956. He teaches constitutional law and judicial process as well as specialized courses on the Bill of Rights and the First Amendment. . In this photo, Susanne Williams, 17, of Amherst, Mass., in police custody in Boston on March 31, 1966, before she was sentenced to 20 days in jail on charges of “sauntering and loitering.” Miss Williams and ten others participated in an anti-war demonstration on Saturday sponsored by pacifist Committee for Nonviolent Action. It also undoubtedly grants certain power to the federal government and grants others to the states; and it undoubtedly guarantees the basic rights of the people. Cons of the Constitution 1. . Discuss ", US Politics Example Essay: discuss the view that the US Constitution is inflexible, Analysis of Obama's final State of the Union address, Analysing the language of the State of the Union Address, The 8th Amendment and the death penalty - back on the radar, Comparison between Classical and Modern Liberalism, Edexcel A-Level Politics Revision Flashcards Component 1: UK Politics & Core Political Ideas, Political Ideas: Key Thinkers Revision Flashcards for Edexcel A-Level Politics, Advertise your teaching jobs with tutor2u. Philip A. Dynia is an Associate Professor in the Political Science Department of Loyola University New Orleans. Post navigation ← How many ways are there to choose 3 people out of 20 people? Hadfield, Gillian K. “Weighing the Value of Vagueness: An Economic Perspective in the Law.” California Law Review 82 (1994): 541–721.

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