Is the United States Constitution still applicable in the United States of America?

Answer 1

of course. only idiots would think it wasn't.

Answer 2

Of course it is the law of the land.

While it can only be changed via amendment of which there have only been 27. First is an understanding that the first 10 Amendments are different from the others. At the time of writing of the Constitution there was a movement to have a Bill of Rights as some of the States had already done and that based on a history of other Statements of Rights. Due to the nature and intent of the Constitution there were also those who saw no need for a Bill of Rights. That is, the Constitution’s purpose was to develop a general government that existed only within the delegated powers of the Constitution. This new federal government could only act within the powers the States gave it and all else belonged to the States and the people. To ensure the ratification of the Constitution and agreement was reached that the first act of the Congress under the new Constitution was to write and propose a Bill of Rights. This was done, but it was quite different from all preceding Bills of Rights. It was less a list of rights than it was a restatement of Constitutional intent through stated controls on the federal government.

The first 8 articles of the ratified Bill of Rights are exclusionary. That is they state excluded acts on the federal government which were within the Constitution intent. The add no powers to the federal government and grant no rights to the people. The rights mentioned are assumed by the Founders as preexisting the Constitution. The final two articles of the Bill of Rights are stated truths basic to the people.

The point is that these first 10 amendments did not change the Constitution but emphasized in writing the common law understanding that was the foundation of the Constitution.

All additionally ratified amendments were meant to “change” the Constitution. Although only the amendment process was meant by the Founders to change the Constitution, there are some interesting events which can lay a case that “other” things have changed the Constitution. For example:

The 14th Amendment was proposed and then declared as applicable in 1868. You’ll notice I didn’t State that it was ratified. You can access The Constitution of the United States as printed by the United States Printing office (you can get it through your elected Representative). It states how each amendment was proposed and how it was ratified by each State. You will see that the 14th Amendment never met Constitutional requirements for ratification. However, it is considered as a valid amendment by the federal government because in Texas v. White [1869] the opinion was that the federal government could declare the 14th Amendment valid due to right of conquest (based in the recent civil war).

The 14th Amendment changed the Constitutional sovereign nature of the individual States to the federal government. It did so outside the intent of the Founders as to how such changes were to occur.

Answer 3

I am sure that by and large the US Constitution is still very much applicable in USA; But a Constitution is as evolving process. It is not like the Mohammandan or other laws supposedly handed down by God and ,therefore, inviolable. Even if God is wise and had handed down(if he did) a workable frame suitablel for the then condition of society some of its provisions became obsolete with the changes that came over these societies. However, at the same time some vested interests have been created on the basis of the Divine Decree and they militated against any move to amend this 'god-given' law. 'We the People' of the constitution maker frame had no such inhibitions.There have been as many as amendments to the constitution over such matters as Religion, Speech, Press, Assembly, Petition , Right to Bear Arms Quartering of Troops ,Search and Seizure , Grand Jury, Double Jeopardy, Self-Incrimination, Due Process , Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel ,
Common Law Suits - Jury Trial, Excess Bail or Fines, Cruel and Unusual Punishment , [Non-Enumerated Rights , Rights Reserved to States(1791), Suits Against a State (1795)]
Election of President and Vice-President (1804), [Abolition of Slavery (1865), Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868), Rights Not to Be Denied on Account of Race (1870),Income Tax (1913), Election of Senators (1913) ,Prohibition (1919)] Women's Right to Vote (1920)
Presidential Term and Succession (1933)] Repeal of Prohibition (1933).Two Term Limit on President (1951)] ,Presidential Vote in D.C. (1961),Poll Tax (1964,] [Presidential Succession (1967),
Right to Vote at Age 18 (1971), Compensation of Members of Congress (1992).Even a cursory perusal of these amendments shows the picture of a society strruggling for making the coming day a little better than today and certain better than yesterday, without inhibitions or reservations. The enactment of prohibition and its equally prompt withdrawl shows this clearly. The further amendment of setting out the maximum number of terms anybody can occupy the presidential chair is an effective antidote for some ambitious politicians.The enactments of so many amendments since its inauguration it does appear whether the country is treading on the straight and narrow path of the Constitution but the country has very lively and very vocal bodies(should I say busybodies) who watch whether a full stop or even a commoa of the constutution is not violated and our Supreme Court has over the years displayed a very lively sense of interpretation of the various provisions of the constitution overcoming the unfortunate limitation of words in expressing the intentions of the constitution makers(We the People)lending new meaning to the words and phrases to express the real meaning as envisaged by the makers. Such reiterpretations also sometimes do create an impression whether we are swerving from that straight and narrow path described above. But then this is the manifestation of a lively socety. The dandy dressed of the original framers of the consitution would be out of fashion for the present age and even the present most uptodate clothes look like clown's dresses in future if somebody was to form the impression that the present generation and the generation was swerving from the path laid down they would be mistaken. As alrady said in the beginning even if there is an invocation of god in the beginning of the Constitution(which is also now being challenged on grounds of conscience) there is no claim, not even a posing, that these are god-given lawsThe various amendments almost read like the sine qua non of a modern society anywhere and it would retain this fresh look now and always. So help us God(Objectors on grounds of conscience please excuse.This is habit which dies hard and also should never die)

Answer 4

Yes it is very much so. People in the United States knowing the Constitution and its articles are another thing altogether though. Most people in the United States would look at you dumb founded if you asked them what the preamble was? People in the USA takes liberties they don't even understand and then complains about the liberties they take. I cannot stress enough that history should be taught or self taught to people. They should know what their country is all about. http://caselaw.lp.findlaw.com/data/constitution/preamble/ Read it.

Answer 5

Try researching the "Act of 1871". Congress formed an incorporated United States, essentially nullifying the Constitution.

Answer 6

That depends on who you talk to about it.
Bush has been trying to change it to benefit himself and all the crap that he's been up to since he bought his way into office 6 years ago and that will really hurt this great country of ours if and when that happens. It really won't do any country any good either because with the Constitution as it's always been has worked not only for this country but for others as well.

Answer 7

Of course, it's the law of the land. It is the law that is applicable in every state of the country.

Answer 8

Uphold the form that our u . s . exchange into in line with. we could desire to pay interest on foremost this u . s . into getting off of fossil fuels.(sparkling capability) teach our individuals that we've get right of entry to to alien technologies. for that reason fixing the obove assertion. technologies that could exchange existence and our planet as all of us be responsive to it. stop spending at our optimal ranges of goverment. Create a one tax gadget for each individual, at state point. (a honest and balanced tax that ought to be created for all and sundry)

Answer 9

AFAIK, it hasn't been overtly declared null and void, but our government seems to act like it's 230 year old toilet paper.. :\

Answer 10

yes it is...unless you ask a liberal judge...who interprets the constitution to his own personal agenda.

Answer 11

Of course it is. Why would you ask a question like that?