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. Use evidence (cite sources) to … The U.S. Constitution is brief and vague. Scott is Subject Lead for History at Tutor2u, and works full time as a teacher of History. . The Court upheld a city ordinance restricting any “noise or diversion” that would disrupt activities at a public school against claims of vagueness. 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. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . Post navigation ← How many ways are there to choose 3 people out of 20 people? . Compared with other constitutions, it really does not specify a number of things, including, as you note, limitations on presidential power. But the justices have been reluctant to use this "void for … . A constitutional monarchy creates a system of checks and balances that prevents one governing body or individual from obtaining too much power. .” 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. Farber, Daniel A. . 2d. plainly and perspicuously penned. New York: Aspen Law and Business, 2002. Packebusch, J. Elizabeth. Evidence comes in the form of the limited number of amendments since 1787. 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. . Technically speaking, however, the UK’s constitution is notunwritten. The British Constitution is the only example of a flexible constitution in the world; otherwise almost all other countries of the world have rigid constitutions. Here are some additional constitutional monarchy pros and cons to think about and discuss. 2. Why is our Constitution vague? Criminal laws that violate this requirement are said to be void for vagueness.. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. List of Additional Constitutional Monarchy Pros. 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. The UK, on the other hand, appears to have an unwritten constitution. APA … The United States Constitution comprises of 4,543 words. Cons Leaders can take advantage of vague constitutions to abuse power. . ", Unit 4 Essay Advice: "“Lacking in effective leadership” Assess this claim about the US Congress", Unit 4 Essay Advice: "Members of Congress are now out of touch with the American people. 1. Extremely difficult to pass new amendments. . Remote learning solution for Lockdown 2021: Ready-to-use tutor2u Online Courses Philip A. Dynia is an Associate Professor in the Political Science Department of Loyola University New Orleans. Also, it shares principles on the rule of law; recognizes individual rights, and how powers are separated. A constitution is a framework of legislation and principles that govern a country or state. But the U.S. Constitution is a remarkably short, and in many instances vague, document. Furthermore, having a vague constitution provides rooms for agreements. Has this vagueness in terminology been problematic or helpful? 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. 214 High Street, The objectionable quality of vagueness and overbreadth does not depend upon absence of fair notice to a criminally accused or upon unchanneled delegation of legislative powers, but upon the danger of tolerating, in the area of First Amendment freedoms, the existence of a penal statute susceptible of sweeping and improper application.”, Thus, the modern Supreme Court, while retaining the lack of fair notice concern prominent in earlier vagueness cases, has come to stress, as stated in Smith v. Goguen (1974), that “perhaps the most meaningful aspect of the vagueness doctrine is not actual notice but the other principal element of the doctrine — the requirement that a legislature establish minimal guidelines to govern law enforcement.”. 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. Provide historical examples. Why is our Constitution vague? What are the pros and cons of having a constitution that is written vaguely? This common misconception stems from the fact that the la… . Has this vagueness in terminology been problematic or helpful? The modern Supreme Court has consistently said that the void-for-vagueness doctrine will be applied with extreme strictness where First Amendment freedoms are concerned. 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? The Court reemphasized this position in City of Chicago v. Morales (1999). 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). The cons of having a vague constitution is that laws can be interpreted as however the person might want depending on their interest or beliefs. Has this vagueness in terminology been problematic or helpful? . 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. Boston House, appeared first on Essay Hotline. There was a vigorous debate on ratification and, indeed, the ranks of those opposed were probably the more numerous. “Gang Loitering Ordinances Post-Morales: Has Vagueness Been Remedied? Overbroad statutes allow officials to enforce such laws selectively and in ways that may favor some viewpoints but punish others, and they create a chilling effect by making speakers wary of engaging in First Amendment speech for fear they may subsequently be convicted for violating a statute the speakers did not believe covered their speech. There is considerable debate about the strengths and weaknesses of the Constitution. Pick a “vague’ portion of the US Constitution. Some portions are vague hence gives room for misinterpretation. 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. '3 The sum of these constitutional provisions is a meager and confusing one on which to base impeachments-potentially the most crisis-laden of This article was originally published in 2009. 62 warns of the “calamitous” results if laws are “so incoherent that they cannot be understood. Why is our Constitution vague? .” (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.”, These examples undoubtedly were known to early American commentators and jurists, who often reiterated the importance of clarity in criminal statutes. New York: Foundation Press, 2003. The textbook goes on to describe the pros and cons of a vague constitution. Has this vagueness in terminology been problematic or helpful? Provide historical examples. Provide historical examples. Archaic Provisions: Some of the 18th Century provisions are no longer applicable in a modern society and are difficult to change such as the Right to Bear Arms or form militias. This vagueness has one major advantage: It makes an … .” (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 Wikimedia Commons circa 1755, public domain). Why is our Constitution vague? 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). 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. A constitution is simply the set of rules that govern how power is distributed and exercised. Discuss", Unit 4 Essay Advice: "Congress is the most powerful branch of Government. This makes it a considerably small document considering the power it yields over the country. The New York Times, June 21, 2012. 2009. . He has examined for Edexcel and holds a joint degree in History and Politics from Newcastle University. Definition. .” (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 . The Constitution also contains a number of provisions which indirectly affect the impeachment power. Amendments Process: Change can come to the Constitution, but protections are in place to protect it from political whims and mass public hysteria. Provide historical examples. The third element of Grayned is particularly important with respect to the First Amendment. The Constitution is many things to many people. Pick a “vague’ portion of the US Constitution. 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. .” 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.”. What are the pros and cons of having a constitution that is written vaguely? 2. . The Constitution was by no means a sure bet in 1787 and 1788. The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). Moreover, it is the reason why it remains vague in the midst of a wide array of legal issues. 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. . (4) Vague and indefinite: than if the boundaries of the forbidden areas were clearly marked.”. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one […] Also, with a vague constitution, the government has to work together to have a unified agreement on it. Weaknesses of the 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. . What are the pros and cons of having a constitution that is written vaguely? Why is our Constitution vague? Buck, Stuart, and Mark L. Rienzi. . Act as a model: Constitution influences other countries who want to be independent. 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. 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). 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. 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. . plainly and perspicuously penned. Most troubling for Justice Stevens was the immense discretion given police officers in determining whom to arrest when. 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. “Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitutional Challenges to Uninterpreted State Statutes.” Utah Law Review (2002): 381–471. For all its inspiring rhetoric and historic significance, the U.S. Constitution is also pretty vague at points (not to mention very old-timey sounding). 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. The First Amendment. 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. Boston Spa, In other words, these rules structure the government of a state. What are the pros and cons of having a constitution that is written vaguely? Goldsmith, Andrew E. “The Void for Vagueness Doctrine in the Supreme Court, Revisited.” American Journal of Criminal Law 30 (Spring 2003): 279–313. Pro's. “Impeachment is an emergency, break-the-glass procedure in our political system,” Urman says. Fallon, Richard H., Jr. “As-Applied and Facial Challenges and Third-Party Standing.” Harvard Law Review 113 (2000): 1321–1397. . Assess the validity of this claim", Unit 4 Essay Advice: "The House of Representatives is the least powerful chamber of Congress. 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. Discuss", Unit 4 Essay Advice: "Is Congress still a powerful body? Has this vagueness in terminology been problematic or helpful? A fundamental explication of the modern Supreme Court’s concerns regarding overly vague statutes is found in Grayned v. City of Rockford (1972). Why is our Constitution vague? It is the bedrock of a modern liberal democracy. What are the pros and cons of having a constitution that is written vaguely? All students completing their Edexcel A-Level Politics qualification in 2021. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at least one outside scholarly source. The Supreme Court has often declared that the Constitution prohibits the enforcement of vague laws. Since the British people are politically advanced, they have been successful in the working of their flexible constitution. A law that defines a crime in vague terms is likely to raise due-process issues. West Yorkshire, 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. Loitering laws are one example of laws that can be unconstitutionally vague. He teaches constitutional law and judicial process as well as specialized courses on the Bill of Rights and the First Amendment. What are the pros and cons of having a constitution that is written vaguely? http://mtsu.edu/first-amendment/article/1027/vagueness, The void-for-vagueness doctrine probably has its roots in the ancient Roman law maxim, Nulla crimen sine lege (no crime without law). Discuss", Unit 4 Essay Advice: "The US Constitution is no longer fit for purpose in modern day America. Equality: When drafting the Constitution focusses on free men only, rather than all peoples including slaves, women, and Native Americans. Somerville, Massachusetts Says Yes.” New England Journal on Criminal and Civil Confinement 32 (Winter 2006): 161–183. All of the constitutional information can be found largely in one place, making it easier to refer to when considering an action whose constitutional legality is in question. LS23 6AD, Tel: +44 0844 800 0085 3. Ratified in 1788, the document contains 27 amendments is readily available to read online. Constitutional Law: Principles and Policies. Pick a “vague’ portion of the US Constitution. Philip A. Dynia. What are the pros and cons of having a constitution that is written vaguely? . Failure to do so could lead to imprisonment. The Supreme Court … Pros. Pick a "vague' portion of the US Constitution. Provide historical examples. The Constitution provides very little legal framework for impeachment at all, leaving plenty of room for interpretation. . Learn more ›. Has this vagueness in terminology been problematic or helpful? . Principles: The Constitution presupposes that every US Citizen is entitled to a life of liberty and the pursuit of happiness. Pick a “vague’ portion of the US Constitution. What are the pros and cons of having a constitution that is written vaguely? Pick a “vague’ portion of the US Constitution. Vagueness [electronic resource]. ... Constitutions, particularly short ones, tend to be vague in their contents. What are the pros and cons of having a constitution that is written vaguely? . Hadfield, Gillian K. “Weighing the Value of Vagueness: An Economic Perspective in the Law.” California Law Review 82 (1994): 541–721. Pros and Cons of a Codified Constitution. 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. Pick a "vague' portion of the US Constitution. .” 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. Reach the audience you really want to apply for your teaching vacancy by posting directly to our website and related social media audiences. It provides a system of checks and balances. The textbook goes on to describe the pros and cons of a vague constitution. . . 1. A law that defines a crime in vague terms is likely to raise due-process issues. Fallon, Richard H., Jr. “Making Sense of Overbreadth.” Yale Law Journal 100 (1991): 853–956. The only area where the Constitution was deliberately vague was concerning the issue of slavery. plainly and perspicuously penned. 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. minimal guidelines [to govern law enforcement], a criminal statute may permit a standardless sweep that allows policemen, prosecutors and juries to pursue their personal predilections.”. Vague laws raise problems with due process According to the U.S. Supreme Court in Connally v. .” 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. Discuss", Unit 4 Essay Advice: "In Congress, legislative gridlock is inevitable. Discuss ", Unit 4 Essay Advice: "Evaluate the claim that the Constitution is designed to be flexible", Unit 4 Essay Advice: "The modern US Constitution would be unfamiliar to the framers today. Use evidence (cite sources) to support your response from assigned readings or online lessons, and at […] Evidence comes in the form of the limited number of amendments since 1787. Pros: * A consise document that outlined the ideals of the enlightenment period and put into practice a new form of government. Why is our Constitution vague? Has this vagueness in terminology been problematic or helpful? English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . 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?). Has this vagueness in terminology been problematic or helpful? Every rule has ambiguities; every rule is open to interpretation. These last two elements are similar to the reasoning offered by the Court for overbreadth challenges to laws allegedly impinging on First Amendment freedoms. (AP Photo/J. Here are the pros and cons of the constitution. (Compare it to a state constitution sometime.) Why is our Constitution vague? words of constitution does not change but meaning can due to judicial review. Walter Green, used with permission from the Associated Press). Constitutional crisis are a common place in vague constitution. Discuss", Unit 3 Essay Examples: "The Electoral College is the best way to elect a president. Strengths of the Constitution. 1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. . Pick a “vague’ portion of the US Constitution. The First Amendment Encyclopedia, Middle Tennessee State University (accessed Feb 21, 2021). The post Why is our Constitution vague? Discuss", Unit 4 Essay Advice: "In foreign policy, Congress is now a by-stander. . Provide historical examples. What are the pros and cons of having a constitution that is written vaguely? . Factions are created among government branches due to different interpretations of the Constitution. But the Court did suggest three reasons why overly vague statutes are unconstitutional. . Cons of the Constitution 1. . "Void for Vagueness." Arguably, the most well-known is the US constitution. English jurist Sir Edward Coke stated that all laws, but especially serious penal laws, “ought to be . Provide historical examples. Every country has a constitution of some sort that outlines the government’s structure. Pick a “vague’ portion of the US Constitution. Much cheaper & more effective than TES or the Guardian. ed. 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 . Chemerinsky, Erwin. Provide historical examples. Post, Robert C. “Reconceptualizing Vagueness: Legal Rules and Social Orders.” California Law Review 82 (1994): 491–540. James Madison in Federalist No.

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