Cite some of the problems the Framers caused by not being specific in the Constitution?

Question

The Framers did not create a perfect form of federalism, since the Constitution has contributed to many problems in the operation of federalism. Cite some of these problems.

Answer 1

Look at the Bill of Rights, and the other amendments. The Constitution itself obviously did not cover these issues.

"First Amendment – Freedom of speech, press, religion, peaceable assembly, and to petition the government.
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Second Amendment – Right to keep and bear arms.
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Third Amendment – Protection from quartering of troops.
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Fourth Amendment – Protection from unreasonable search and seizure.
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Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.
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Sixth Amendment – Trial by jury and other rights of the accused.
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Seventh Amendment – Civil trial by jury.
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Eighth Amendment – Prohibition of excessive bail, as well as cruel and unusual punishment.
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Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
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Tenth Amendment – Powers of states and people."
Source: http://en.wikipedia.org/wiki/United_States_Bill_of_Rights

And so on, for the other 17 amendments.


Obviously the Constitution did not directly address these issues. Whether or not the Framers intended to address these issues, though, is another question, as well as whether they could have foreseen them.

Answer 2

Like any other great work, the interpretation of the Constitution is subject to the operational level of the interpreter. Thus, as some have used the words of the Bible have been used to justify atrocities; others interpret them to justify social compassion.

The culture surrounding any interpretation is very important to consider in context. For example, the use of "Men" in the Constitution has been used to justify the exclusion of women from government, land ownership, and voting. As the culture changed, "Men" was re-interpreted to include "all mankind", thus allowing women, Blacks, Orientals, and Native Americans the same rights afforded men similar to the framers.

Its intended use was as a living document, and thus there is a continual need to interpret it in context of changing standards. I find it very interesting that one of the framers wanted to include a provision for "freedom from Tyranny of Corporations", but was not successful in his bid.

The framers could not have conceived of natural disaster insurance, ethical guidelines for cloning research, the stock market, airspace disputes, mercury poisoning, etc. It was simply beyond their comprehension to account for every change. I think the problems with the operation of federalism revolve around the need for an increasingly complex interpretation of the original. The beauty of it is that it does allow for inclusion.

Answer 3

we have too much latitude? the framers wanted us to work these problems out for ourselves thank God.